Corrections Today
C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM i
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Corrections Today Larry Siegel University of Massachusetts, Lowell
Clemens Bartollas University of Northern Iowa
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This book is dedicated to my children, Eric, Andrew, Julie, and Rachel, and to my grandchildren, Jack, Kayla, and Brooke. It is also dedicated to Jason Macy (thanks for marrying Rachel) and Therese J. Libby (thanks for marrying me). —LJS To my wife, Linda, and my children, Kristin, Mya, and Kristen. —CB
About the authors Larry Siegel Larry Siegel was born in the Bronx in 1947. While living on Jerome Avenue and attending City College of New York in the 1960s, he was swept up in the social and political currents of the time. He became intrigued with the influence contemporary culture had on individual behavior: Did people shape society or The author with his wife, did society shape people? Therese, in Italy. He applied his interest in social forces and human behavior to the study of crime and justice. After graduating CCNY, he attended the newly opened program in criminal justice at the State University of New York at Albany, earning both his M.A. and Ph.D. degrees there. After completing his graduate work, Dr. Siegel began his teaching career at Northeastern University, where he was a faculty member for nine years. After leaving Northeastern, he held teaching positions at the University of Nebraska–Omaha and Saint Anselm College in New Hampshire. He is currently a professor at the University of Massachusetts–Lowell. Dr. Siegel has written extensively in the area of crime and justice, including books on juvenile law, delinquency, criminology, criminal justice, and criminal procedure. He is a court certified expert on police conduct and has testifi ed in numerous legal cases. The father of four and grandfather of three, Larry Siegel and his wife, Terry, now reside in Bedford, New Hampshire, with their two dogs, Watson and Cody.
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Clemens Bartollas Clemens Bartollas is Professor of Sociology at the University of Northern Iowa. Dr. Bartollas holds a B.A. from Davis and Elkins College, a B.D. from Princeton TheologiThe author with his wife, Linda. cal Seminary, an S.T.M. from San Francisco Theological Seminary, and a Ph.D. in sociology, with a special emphasis in criminology, from The Ohio State University. He taught at Pembroke State University from 1973 to 1975, Sangamon State University from 1975 to 1980, and at the University of Northern Iowa from 1981 to the present. He has received a number of honors at the University of Northern Iowa, including Distinguished Scholar, the Donald McKay Research Award, and the Regents’ Award for Faculty Excellence. Dr. Bartollas also worked four years in a maximum-security juvenile facility in Ohio and one year in a medium-security adult prison in North Carolina. He has testified in a number of death penalty cases. Dr. Bartollas, like his coauthor, is the author of numerous articles and more than thirty books. Clemens Bartollas and his wife, Linda, live in Cedar Falls, Iowa, where their three children and five grandchildren visit on holidays and other occasions.
Brief Contents PART I WHY DO WE PUNISH? 1 2
The Correctional System 2 From Vengeance to Reform: A Historical Perspective
22
PART II HOW DO WE PUNISH? 3
Sentencing & the Correctional Process
46
PART III HOW DO WE CORRECT IN THE COMMUNITY? 4 5
Community Corrections: Diversion & Probation Intermediate Sanctions 98
70
PART IV WHERE DO WE PUNISH? 6 7 8 9 10
The Jail: Detention & Short-Term Confinement Correctional Institutions 146 The Prison Experience: Males 172 The Prison Experience: Females 198 Prisoners’ Rights 216
122
PART V HOW DO WE REHABILITATE? 11 12
Correctional Programs & Services 238 Parole & Release to the Community 260
PART VI WHAT ARE SPECIAL NEEDS POPULATIONS? 13 14 15
Special Prison Populations 284 Capital Punishment & the Death Row Inmate The Juvenile Offender 324
302
PART VII WHAT IS THE FUTURE OF CORRECTIONS? 16
The Future Landscape of Corrections
346
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Table of Contents Preface
xiv
part 1 WHY DO WE PUNISH?
1
The Correctional System 2 Why Do We Punish? 4 VOICES ACROSS THE PROFESSION: JAMES H. BRUTON 5 The Purpose of Corrections 7 The Criminal Justice System and Corrections 8 Agencies of the Criminal Justice System 8 The Formal Criminal Justice Process 9 Corrections as a System 10 The Business of Corrections 11 Social, Political, and Legal Influences on Correctional Issues 13 Retribution toward Criminals 13 Prison Overcrowding 14 CORRECTIONAL LIFE: TIM: AN EX- OFFENDER SPEAKS OUT The Cost of Corrections 17 The Corrections Professional CAREERS IN CORRECTIONS
2
15 18
19
From Vengeance to o Reform: A Historical al Perspective 22 VOICES ACROSS THE PROFESSION: RAY STANELLE 24 The Legal Codes of the Ancient World 25 Code of Hammurabi 25
viii
Law of the Greeks 25 Criminal Law in Ancient Rome 26 Punishment During the Middle Ages 27 Flogging and Branding 27 Torture 28 Galley Slavery 28 Gallows 29 Exile and Banishment 29 The Development of Penal Confinement 30 Early Prisons 30 Enlightenment Thinkers and the Development of Corrections 32 The Early Prison Reformers 32 The Origins of American Corrections 33 Colonial Punishment 33 The Quakers and Criminal Law 33 Pennsylvania Prison Society and the Walnut Street Jail 34 The Role of Religion in the Development of Corrections 34 Development of the Penitentiary 35 T The New York Penal System 36 TThe Auburn Silent System 38 T The Rehabilitation Movement Begins 38 TThe Reformatory Model at Elmira 39 TThe Medical Model of Rehabilitation 40 P Punishment of Women Offenders 40 C Correctional Punishment in the South 41
CAREERS IN CORRECTIONS: THE DIRECTOR OF CORRECTIONS 42
Corrections in the Twentieth Century 41 Growth of Community-Based Corrections 41 Rise of Modern Management 41
Increased Use of Technology 42 Turning Increasingly to Privatization Granting of Prisoners’ Rights 42
42
part 2 How Do We Punish?
3
Sentencing & the Correctional Process
46 6
Goals and Philosophy of Punishment 48 VOICES ACROSS THE PROFESSION: GERALD SHUR 49 General Deterrence 50 Specific Deterrence 51 Incapacitation 51 Rehabilitation 53 Retribution/Just Deserts 54 Restorative Justice 55 Equity/Restitution 55 Imposing the Sentence 56 Concurrent versus Consecutive Sentences 56
The Effect of Good Time 56 Sentencing Sanctions 57 Sentencing Models 57 Indeterminate Sentences 57 Determinate Sentences 58 Structured Sentences 59 Mandatory Minimum Sentences 61 Three-Strikes Laws 61 Truth-in-Sentencing 61 How People Are Sentenced 62 Issues in Sentencing 63 Excessive Length of Sentences 63 Nonlegal Factors Affecting Sentencing Racial Disparities of Sentencing 65
63
CAREERS IN CORRECTIONS: THE FORENSIC PSYCHOLOGIST 66
part 3 HOW DO WE CORRECT IN THE COMMUNITY?
4
Community Corrections: Diversion & Probation 70 TECHNOCORRECTIONS: REGISTERING SEX EX OFFENDERS ON THE INTERNET 72 VOICES ACROSS THE PROFESSION: DR. SAMANTHA O’HARA 73 The Development of CommunityBased Corrections 74 5 The Community Corrections Revolution 75 Community Corrections Acts 75 Diversion 78 Rationale for Diversion 78 Diversionary Programs 78
Probation 80 Probation Populations 82 Granting Probation 83 Risk Assessment and Increased Surveillance Models 84 Administration of Probation 84 Basic Functions of a Probation Officer 86 CORRECTIONAL LIFE: DANNY: A PROBATIONER RESPONDS 88 What Are Probationers’ Legal Rights?
89
CAREERS IN CORRECTIONS: THE PROBATION OFFICER 91 Is Probation Effective? 93 Contemporary Probation Programs Future of Probation Services 95
93
CO NTENTS ix
5
TECHNOCORRECTIONS: EM AND GPS SYSTEMS IN THE COMMUNITY 108
Intermediate Sanctions 98
Drug Courts 110 Day Reporting Centers 111
The Continuum of Intermediate Sanctions 100
CAREERS IN CORRECTIONS: THE SUBSTANCE ABUSE COUNSELOR
VOICES ACROSS THE PROFESSION: KAY PRANIS 101
111
Shock Probation and Split Sentencing 113 Residential Community Corrections Centers 113 Boot Camps 115 Restorative Justice 116 Restorative Justice Programs 117 Future of Intermediate Sanctions 118
Fines 102 Forfeiture 103 Financial Restitution 105 Community Service 105 House Arrest 106 Electronic Monitoring (EM) 107
part 4 WHERE DO WE PUNISH?
6
The Jail: Detention & Short-Term Confinement 122
Jail Crowding 140 Mental Health Placements 140 Violence 141 TECHNOCORRECTIONS: MONITORING JAIL INMATES WITH BIOMETRIC TECHNOLOGY 142 Trends Shaping the Jail 142
VOICES ACROSS THE PROFESSION: ARNETT GASTON 124 Initial Booking and Classification 125 Bail, Pretrial, Release, and Preventive Detention 126 Bail 126 Pretrial Release 126 Preventive Detention 128 Origins of the Jail 128 Contemporary Jails 129 Jail Populations 130 Adjustment to Jail 131 32 Jail Administration and Structure 13 132 Local and State Administration and Politics 132 RE CORRECTIONAL LIFE: CHRIS: YOU’RE IN JAIL 133 Privatization of the Jail 134 Three Generations of Jail Supervision 134 First-Generation Jails 134 Second-Generation Jails 134 New-Generation Jail 135 Jail Programs 136 VOICES ACROSS THE PROFESSION: F. E. KNOWLES 137 Jail Officers 138 Changing Roles 138 Issues of Jail Confinement
139
CAREERS IN CORRECTIONS: THE JAIL OFFICER 140
x CO NTENTS
7
Correctional Institutions
146
VOICES ACROSS THE PROFESSION: DR. SUSAN RITTER 148 To What Extent Do Prisons Mirror the Larger Society? 149 Inmate Populations 150 Age 150 Gender 150 Race 151 Offense Characteristics 151 Jurisdiction over Prison Systems in the United States 152 Federal Bureau of Prisons 152 State Departments of Corrections 155 Private Prisons 157 Types of Correctional Facilities 159 Minimum-Security Prisons 159 Medium-Security Prisons 159 Maximum-Security Prisons 160 Supermax Prisons 160 CORRECTIONAL LIFE: WILLIAM: SERVING TIME IN A MAXIMUM-SECURITY PRISON 161 What Prisons Look Like 163 Architectural Design for Today’s Prisons 163 Changing Form of the Prison 164
Correctional Administration: How Are Prisons Run? 164 TECHNOCORRECTIONS: USING TECHNOLOGY IN PRISON SECURITY 165 Establishment of Policy 166 Planning 166 Dealing with Civil Suits 167 Institutional Monitoring 167 Staff Development 167
9
Rise of Women’s Imprisonment
Characteristics of Women in Prison 202 Social Structure in Women’s Prisons 203 Make-Believe Families 203 Same-Sex Relationship Model 204 Is the Structure Changing? 204 CORRECTIONAL LIFE: ALMA: AN INMATE FROM TEXAS 205
Fiscal Management 168 Proactive Wardens 168
The Prison Experience: Males 172
VOICES ACROSS THE PROFESSION: CANDACE KRUTTSCHNITT 206
Entering Prison 174 Initial Orientation 174
Special Issues in the Incarceration of Women 207 Motherhood in Prison 207 Programs for Incarcerated Mothers 209 Prison Health Care 209
VOICES ACROSS THE PROFESSION: DR. MICHAEL MASSOGLIA 175 Classification 175 Difficulties of Adjustment 177 Traditional Male Inmate Culture: The Big House Era 177 Inmate Social Code 178 Prisonization 179 Prison Language or Argot 180 Contemporary Male Prison Culture 181 Prison Gang Structures 181 Changing Racial Patterns 183 VOICES ACROSS THE PROFESSION: MAJOR DENNIS DAVIS 184 TECHNOCORRECTIONS: LESS-THANLETHAL WEAPONS IN PRISON 185 Prison Contraband 185 Sex in Prison 186 8 Expressions of Prison Violence 188 8 Riots and Other Major Disturbances 188 Inmate Assaults on Staff 189 Inmates versus Inmates 189 Staff Assaults on Inmates 190 90 Self-Inflicted Violence: Prison Suicide 190 What Causes Prison Violence? 191 Guarding the Prison 192 The Changing Role of Correctional Officer 192 3 Conflicting Goals and Expectations 193 Women Officers in Men’s Prisons 193 Officers’ Response to Problems on the Job 193 CAREERS IN CORRECTIONS: THE CORRECTIONAL OFFICER 194 Job Enrichment: A Challenge for Administrators 195
200
VOICES ACROSS THE PROFESSION: RICK HILLENGASS 201
CAREERS IN CORRECTIONS: THE PRISON WARDEN 167
8
The Prison Experience: Females 198
CAREERS IN CORRECTIONS: THE CORRECTIONAL COUNSELOR 210 Sexual Abuse 211 Professionalism in Women’s Prisons 212
10
Prisioners’ Rights
216
What Do We Mean by Inmate Rights? 218 Foundations of Prisoners’ Rights Law 218 U.S. Constitution 218 VOICES ACROSS THE PROFESSION: ALVIN J. BRONSTEIN 219 Statutes 220 Legal Precedents 221 Federal Civil Rights Lawsuits 221 Writ of Habeas Corpus 221 Developing Prisoners’ Rights 221 Inmate Rights and the Supreme Court 222 Substantive Rights of Inmates 223 First Amendment Rights 223 Fourth Amendment Rights 228 Eighth Amendment Rights 228 Fourteenth Amendment Rights 233 CAREERS IN CORRECTIONS: THE CORRECTIONS OMBUDSMAN 234 Providing Legal Services to Inmates 234 The Impact of the Prisoners’ Rights Movement 235 CO NTENTS xi
part 5 HOW DO WE REHABILITATE?
11
Correctional Programs & Services 238
12
Role of Treatment and Services in Prison Today 240
Parole & Release to the Community 260 Parole Practices 262 Extent of Parole Today 262 Principles of Parole 262
VOICES ACROSS THE PROFESSION: DIANA BAILEY 241
VOICES ACROSS THE PROFESSION: JOANNE PAGE 263
Using Meta-Analysis 242 Classification for Treatment 243 Correctional Treatment Methods 243 Individual-Level Treatment Programs 245 Group Programs 247 Inmate Self-Help Programs 248 Prison Education, Vocational, and Religious Programs 249 Academic Education 250 Vocational Training 251 Religion 251 Providing Services to Inmates 253 Medical Services 253 Visitation 253 The Library 254 Recreation 254 Prison Industries 255
Types of Parole 264 Characteristics of Those on Parole 265 The Parole Board 265 The Parolee in the Community 268 The Parole Officer 269 CAREERS IN CORRECTIONS: THE PAROLE OFFICER 269 Surveillance and Constraint 270 TECHNOCORRECTIONS: GPS DEVICES USED TO MONITORING HIGH-RISK OFFENDERS IN TEXAS 270 Supervision of Parolees 271 How Successful Is Parole? 271 Why Do People Fail on Parole? 272 Marriage and Family Issues 273 What Can Be Done to Improve Parole Effectiveness? 274 Second Chance Act 275 Legal Rights of Parolees 275 Receiving Parole 276 Reentry and Rehabilitation 277 Losing Rights 279
CAREERS IN CORRECTIONS: THE RECREATIONAL THERAPIST 255 Making Correctional Treatment More Effective 256
part 6 WHAT ARE SPECIAL NEEDS POPULATIONS?
13
Special Prison Populations 284
Special Population Inmates 294 Corrections and the Illegal Immigrant 294 Corrections and the Elderly Inmate 297
Special Offense Inmates 286 Corrections and the Drug-Addicted Inmates 286 ARY Y VOICES ACROSS THE PROFESSION: MARY LEFTRIDGE BYRD 287 Sex Offenders 288 G CORRECTIONAL LIFE: CHARLES: MAKING THE BEST OF PRISON TIME 289 Special Needs Inmates 291 Corrections and the HIV-Infected Inmate 291 Corrections and Chronic Mentally Ill Inmates 292
xii CO NTENTS
CAREERS IN CORRECTIONS: THE CORRECTIONAL SUPERVISOR 298
14
Capital Punishment & the Death Row Inmate 302 Capital Punishment as a Sentence 304 The Death Penalty in Contemporary Society 304 Death Penalty Profile 304 VOICES ACROSS THE PROFESSION: KELLY CULSHAW 305
15
Public Opinion 306 Political Support 307 International Opposition to the Death Penalty 307 Death Penalty Appeals 308 Legality of the Death Penalty 310 Use of Discretion: Aggravation vs. Mitigation 311 Administering Death 312 Race and the Death Penalty 312 Execution of Mentally Impaired Prisoners 313 Execution of Mentally Ill Persons 313 Execution of Juveniles 314 Administrative Issues and the Death Penalty 315 Working on Death Row 315 Working with Death Row Inmates 315 Execution Teams 316 Living on Death Row 318 CORRECTIONAL LIFE: JAMES: INMATE VOICE FROM DEATH ROW 319 Does the Death Penalty Deter Murder? 320
Contemporary Juvenile Justice 329 Similiarities Between Juvenile and Adult Justice Systems 329 Juvenile Corrections in the Community 330 Contemporary Juvenile Probation 330 The Nature of Probation 330 Organization and Administration of Probation Services 331 Duties of Juvenile Probation Officers 331 Alternative Juvenile Probation Programs 332 Alternative Community Sanctions for Juveniles 332 Residential Community Treatment 333 Nonresidential Community Treatment 333 Is Community Treatment Effective? 334 Juvenile Institutions Today: Public and Private 334 Population Trends in Juvenile Corrections 334 Institutionalized Juveniles 336 Institutional Treatment for Juveniles 337 The Legal Right to Treatment 337
CAREERS IN CORRECTIONS: THE CHAPLAIN 320
CAREERS IN CORRECTIONS: THE SOCIAL WORKER 337
The Juvenile Offender 324 History of the Juvenile Justice System 326 The Concept of Parens Patriae 326 VOICES ACROSS THE PROFESSION: JEAN TOMLINSON 327
Juvenile Aftercare and Reentry 338 Postinstitutional Supervision of Juveniles 338 Aftercare Revocation Procedures 339 Waiver to the Adult Court 339 Methods of Waiver 340 Treating Juveniles as Adults 340 CORRECTIONAL LIFE: JOSHUA: CAN I SURVIVE? 341 Youths in Adult Prisons 341
Child Savers and the Origin of the Juvenile Court 327
part 7 WHAT IS THE FUTURE OF CORRECTIONS?
16
The Future Landscape pe of Corrections 346 Dealing with Terrorism
348
VOICES ACROSS THE PROFESSION: MICHAEL TONRY 349 Terrorists in Prison 351 Using Torture 352 Technocorrections: Maintaining Correctional Populations 353 Technocorrections in the Community 353 Technocorrections in Secure Facilities 354 The Dangers of Technocorrections 355 Corrections in the Community 356
G Glimpses of Reform 357 D Development of Professionalism 358 W What Has Contributed to Professionalism in Corrections 358 E Evaluation of Present Practices 359 W What Remains to Be Done 359 C CAREERS IN CORRECTIONS: THE INTERNAL AFFAIRS INVESTIGATOR 360
Glossary G
364
Name Index Subject Index Credits
369 374
384 CO NTENTS xiii
preface In the hot summer months of 2004, Troy Victorino and friends Robert Cannon, Jerome Hunter, and Michael Salas were illegally squatting in a Deltona, Florida, home and using it as a “party house.” The owners, who were spending the summer in Maine, asked their granddaughter, Erin Belanger, to check up on the property. When she saw what was going on, she called the police to get the squatters removed from the premises. Victorino (who was in jail on an unrelated matter at the time his friends were evicted) had left behind an Xbox game system and some clothes, and Belanger took possession of these items. Once he was released from jail on bond, Victorino, feeling disrespected because the police had been called and his stuff confiscated, threatened Belanger and slashed the tires on her car. He warned her that unless she returned the items, he was going to come back and beat her with a baseball bat while she was sleeping. It was not an idle threat. On August 6, 2004, in what is now known either as the Xbox murders or the Deltona massacre, Victorino, Cannon, Hunter, and Salas armed themselves with aluminum bats, put on all-black clothing, covered their faces with scarves, kicked in the front door, and attacked Belanger and her roommates as they slept. All six victims, including Erin Belanger, were beaten and stabbed beyond recognition. All six died. The perpetrators of the deadly attack left a trail of clues that resulted in their quick arrest and indictment on murder charges. It was a pretty sad bunch; they all seemed to have lived troubled lives. Michael Salas had been abused and neglected by his mother, Doris, a drug addict. Jerome Hunter was a mentally ill man whose parents were in mental hospitals at the time of the massacre. But it was Victorino, a 6’6”, 300-pound career criminal, who most outraged the public. He had spent eight of the last eleven years before the killings serving prison sentences for a variety of crimes, including auto theft, battery, arson, burglary, and theft. In 1996, he beat a man so severely that doctors needed 15 titanium plates to rebuild the victim’s face. Not surprisingly, Victorino also had a long history of physical and sexual abuse that began when he was two years old. He suffered from neurological impairment that resulted in poor impulse control and the inability to manage his violent temper. Despite their personal problems, on August 2, 2006, Victorino and Hunter were sentenced to death by lethal injection, and Cannon and Salas to life in prison without the possibility of parole. Victorino and Hunter remain on death row at the Florida State Prison in Starke; the average length of incarceration of a Florida inmate prior to execution is more than 10 years. The Xbox murder case had a significant influence on the justice system. The week before the attack, Victorino—already on probation—was arrested for punching a 28-year-old man in the face and charged with felony battery. He was released on a $2,500 bond and visited his probation officer for his regular check-in the day before the murders. While he should have been arrested at that point for violating his probation, his case supervisor failed to take action; in the aftermath of the attack, Victorino’s probation officer and three of his supervisors were dismissed. To make sure this xiv
situation would never repeat itself, the Florida legislature passed SB-146, a bill that identifies violent offenders—including those convicted of kidnapping, murder, aggravated battery, and sexual battery—and designates them as Violent Felony Offenders of Special Concern (VFOSC). Known as the “Anti-Murder Statute,” SB-146 provides that VFOSC offenders who violate their probation can be held without bail until the completion of a court hearing, allowing for a judge to review the case and determine whether the offender is a risk for future violent crimes. If probation is found to have been violated, the court must make a written finding as to whether the VFOSC offender is a danger to the community. (See http://en.wikipedia .org/wiki/Deltona_massacre-cite_note-SB146-14#cite_note-SB146-14.) If this finding is made, the court must revoke probation or community control and sentence the offender up to the statutory maximum or longer if permitted by law. While certainly notorious and unusual, the Xbox murder case illustrates some of the many problems facing the American correctional system today. Troy Victorino, a chronic violent offender, was on probation despite the fact that he had been involved in numerous violent acts. Does his treatment indicate that the American correctional system is too lenient with dangerous offenders? Are “liberal” correctional officials all too willing to give offenders a second chance even when they are a proven danger to society? But then again, Victorino had spent many years behind bars without being successfully treated or rehabilitated. So even if correctional treatment were toughened up, the outcome may not be what had been hoped for. Cursed with antiquated facilities, inadequate support, insufficient and poorly trained staff, and a burgeoning population of younger, more violence-prone recidivists, the correctional system may not have the resources necessary to help inmates turn their lives around. And when the system fails, as it did in Victorino’s case, politicians are quick to call for remedies that include even tougher measures, such as SB-146, that are aimed at controlling violent offenders and protecting the public but also serve to strain an already overcrowded correctional system. Troy Victorino is a troubling reminder that the correctional system has become a revolving door for many offenders: We are still not sure of what to do with the 600,000 people who leave prison every year, many of whom we know are likely to recidivate soon after they reenter the community. Fear of violent crime has created a national “prison boom” causing millions to be incarcerated while at the same time producing a “reentry crisis” characterized by a horde of returning inmates. Many of these inmates are released from custody before they have been successfully rehabilitated, and their presence undermines life in some of the nation’s most vulnerable communities. A crime like the Xbox murders also stirs debate on how we punish. Many people oppose the death penalty and a number of states have abolished its use. But what should we do with career criminals such as Troy Victorino? What is a fair punishment for someone who orchestrates a baseball bat attack that leaves six people dead? While the correctional crisis is not over, there are reasons to be optimistic. Over the past 20 years, a new generation of administrators has been appointed to positions in federal, state, local, and private corrections, bringing with them a new vision, an infusion of energy, and a spirit of professionalism to corrections. As part of the “new corrections,” their emphasis has been on staff training and development, proactive leadership, support of accreditation and standards, and human treatment of offenders in community and institutional settings. Like many Americans, we too are fascinated, chagrined, and frustrated when we hear about cases like the Xbox murders. Could such violent acts P REFACE xv
have been prevented? Could the corrections system have done more to either treat the Deltona killers or, failing that, lock them away in secure facilities so they could not prey upon others? We have had the opportunity to channel our interests in punishment and corrections into careers as professors of criminal justice, between us spending more than 50 years teaching, working within the corrections system, and consulting with correctional personnel. We have incorporated this lifetime of knowledge and service into this text, Corrections Today, which describes, probes, and analyzes the new ideology, priorities, and programs found in corrections. The text is designed to be informative and scholarly, while at the same time being practical and career oriented. We examine the field of corrections through the lens of students who are giving serious thought to careers in corrections or are now working in corrections. Our text aims to be highly readable, engaging, and authoritative, without losing sight of its goal and target audience. So while the topics covered include historical and theoretical perspectives in corrections, we try to maintain a career/professional orientation throughout the book. We believe that our text offers the student a number of important features in understanding corrections: • It is realistic. We conducted a “reality check” by conducting interviews with “spokespersons” for corrections: probationers, inmates, parolees, correctional personnel, and correctional administrators. We constantly asked them: Is this the way it is? Is this a fair assessment? Do we have it right? • It is research-oriented. We include the most recent studies of corrections and have tried to explain findings in a user-friendly way aimed at increasing student interest. • It is cutting edge. We include coverage of the most critical cuttingedge issues in corrections while at the same time speculating on future changes and conditions. • It does not pull punches. In nearly every chapter, there is an evaluation of what is taking place in the correctional system today, where the problems lie, and what can be done to correct them. • It focuses on becoming a corrections professional. Our goal is to help students with career choices and explore what careers are out there in the correctional system. • It is hopeful. Time after time in this text, those who work in the field remind students that corrections has been a very positive and fulfilling career for them, that they feel they have made a difference, and they invite students to join them in this exciting journey.
Organization of the Text This text has 16 chapters. Chapter 1, The Correctional System, contains material on why we punish, discusses the purposes of corrections, identifies why retribution is so widely accepted in the United States, explains the extent and consequences of prison overcrowding, discusses the cost of corrections, and describes what it means to be a professional in corrections. Chapter 2, From Vengeance to Reform: A Historical Perspective, discusses the early legal codes, examines the role of punishment during the Middle Ages, and identifies the ideas found among Enlightenment thinkers and how they influenced corrections. The chapter then examines the origins of American corrections, the role of religion in the formulation of corrections, the differences between the Pennsylvania and Auburn models, and the development of corrections in the twentieth century. xvi P R EFACE
Chapter 3, Sentencing and the Correctional Process, discusses the basic goals and philosophy of sentencing; the various types of sentencing, including indeterminate and determinate; sentencing guidelines; three-strikes laws; and truth-in-sentencing. This material enables the reader to see the connection between sentencing and corrections. Chapter 4, Community Corrections: Diversion and Probation, looks at the main types of corrections in the community. It begins with explaining diversion and diversionary programs, considers community corrections acts and how they have influenced corrections, and then focuses on probation services. In its coverage of probation, such subjects as the various types of sanctions, risk assessment models, the administration of probation, the roles of probation officers, the legal rights of probationers, and the effectiveness of probation are considered. Chapter 5, Intermediate Sanctions, identifies and discusses the continuum of intermediate sanctions, including fines, forfeiture, house arrest, and electronic monitoring. The chapter places a major focus on restorative justice, one of the cutting-edge subjects in corrections today. Chapter 6, The Jail: Detention and Short-Term Confinement, looks at the purpose of the jail, explains the bail process, discusses jail administration and structure, and compares the new-generation jail with more traditional jails, considers the issues of jail confinement, and discusses the future of the jail. Chapter 7, Correctional Institutions, covers the main types of federal, state, and private prisons, compares types of correctional facilities and their levels of security, and defines the basic responsibilities of a correctional administrator, including the emerging role of the proactive management style. Chapter 8, The Prison Experience: Males, considers the changing social structure of men’s prisons, including gangs, racial tensions, contraband, and sex in prison. The chapter also considers the forms of violence that take place in correctional settings and concludes by examining the changing roles and challenges facing correctional officers in men’s prisons. Chapter 9, The Prison Experience: Females, covers the incarceration of women in prison. It identifies the differences between men’s and women’s prisons when it comes to social structure, focuses on issues such as motherhood, health concerns, and sexual abuse, and discusses professionalism among workers in women’s prisons. Chapter 10, Prisoners’ Rights, defines what is meant by inmates’ rights, discusses the foundation of prisoners’ rights, identifies what First, Fourth, Eighth, and Fourteenth Amendments substantive rights have been awarded to inmates, and identifies the consequences of the Prisoners’ Litigation Reform Act to prisoners’ rights. Chapter 11, Correctional Programs and Services, looks at the role of treatment and services in prisons today. It discusses classification for treatment, individual-level treatment programs, group programs, and inmate self-help programs. This chapter further evaluates the quality of prison services and prison programs for inmates. Chapter 12, Parole and Release to the Community, views parole practices today, how the parole board functions, the various roles of parole officers, the legal rights of parolees, and the problems faced by ex-offenders returning to the community. Chapter 13, Special Prison Populations, discusses six types of inmates who pose particular challenges to correctional administrators and who face challenges themselves in adjusting to prison environments. These types consist of the drug-addicted inmate, the sex offender, the HIV-infected inmate, the chronic mentally ill inmate, the illegal immigrant, and the elderly inmate. P REFACE xvii
Chapter 14, Capital Punishment and the Death Row Inmate, views the status of the death penalty today, identifies the most important U.S. Supreme Court cases related to the death penalty, describes the positions and responsibilities of those working on death row, and identifies how prisoners respond to being on death row. Chapter 15, The Juvenile Offender, looks at the juvenile offender as he or she is processed through the juvenile justice system and then considers the transfer of juveniles to adult court and the placement of juveniles in camps and adult prisons. Chapter 16, The Future Landscape of Corrections, considers the present and future influence of terrorism on the field of corrections, the potential and dangers of technology, and what community-oriented corrections will look like in the future. Also considered are the possibilities and likelihood of reform at the present time, how far professionalism has brought corrections, and the future challenges for greater advances of professionalism.
Learning Tools Learning Objectives Each chapter begins with a list of learning objectives. The summary at the end of the chapter is keyed to and corresponds with these objectives. Voices Across the Profession Each chapter has at least one Voices Across the Profession feature. All of these individuals are respected for the contributions they have made to corrections. Chapter 1 James H. Bruton is a former warden and administrator for the Minnesota Department of Corrections. He is also the author of several books, including one on maximum security prisons. Bruton’s Voices feature provides the empowering message that we need to go to work each day believing that inmates can change and that we can have impact on their lives. Chapter 2 Ray Stantel is presently an investigator for the Georgia Department of Corrections. Stantel’s Voices feature tells us that he is passionate about his work in corrections, that he loves his job as an investigator for the Georgia Department of Corrections, and that he considers corrections to be an excellent career. Chapter 3 Gerald Shur is an attorney who has worked for the Justice Department’s Organized Crime and Racketeering Section and served as the driving force behind creating the federal Witness Security Program (WitSec). Witnesses had to serve time in federal prisons, and Shur worked closely with the director of the Bureau of Prisons in coordinating this project. Shur’s Voices feature talks about his work in WitSec as they protected over 6,000 witnesses. His statement is a reminder that the field of corrections is interrelated with other agencies in processing criminal offenders. Chapter 4 Samantha O’Hara is a former federal probation officer. In her Voices feature, she describes the personal rewards of her probation officer career, and the responsibilities inherent in working as a drug abuse treatment specialist. Chapter 5 Kay Pranis is a former restorative justice planner with the Minnesota Department of Corrections and is presently a consultant and speaker for restorative justice programs across the United States. She is also an author of several books and many papers on restorative justice. Her Voices feature communicates the power and potential of restorative justice to bring healing to offenders and victims. Chapter 6 This chapter has two Voices Across the Profession features. Arnett Gaston has been a deputy commissioner and warden of two jails, and commanding officer at Rikers Island, New York, the largest jail complex in the free world, with 18,000 prisoners and 11,000 staff. Gaston’s xviii P R EFACE
Voices feature discusses how they were able to reduce violence at Rikers Island. Gaston’s statement reveals the type of proactive and professional leadership that is currently taking place in the jails of this nation. F. E. Knowles worked at the Hillsborough County Sheriff’s Office in Tampa, Florida, where he was instrumental in developing the new-generation jail in that facility. His Voices feature not only provides a hands-on understanding of working in a new-generation jail, including the advantages of this type of jail supervision, it is also a reminder that working in newgeneration jails is a positive career choice. Chapter 7 Susan Ritter worked for nine years as a corrections officer and correctional supervisor in the Bureau of Prisons coeducational facility at Ft. Worth, Texas. In her Voices feature, she describes some of her experiences in working with women prisoners and talks about the training she received working with the Federal Bureau of Prisons. Chapter 8 This chapter has two Voices Across the Profession features. Michael Massoglia is a professor in the department of sociology and crime, law, and justice at Pennsylvania State University. He has focused his research on examining health and incarceration. His Voices feature shows the value of research in understanding the impact of incarceration on both African American and white inmates. In his Voices Across the Profession feature, Dennis Davis, a former major and gang liaison in the Illinois Department of Corrections, communicates some of the problems that inmate gangs pose to a correctional system. Yet, based on his own experience, he relates that it is possible to make a difference in gang members’ lives if we are willing to get to know and work with them. Chapter 9 This chapter has two Voices Across the Profession features. Rick Hillengass is a former warden at Shakopee, Minnesota’s only state correctional facility for women. His Voices feature describes some of the programs at the Shakopee facility and what he finds rewarding about his job. Candace Kruttschnitt is a professor of sociology at the University of Toronto, Canada. She is widely acknowledged as one of the top researchers in women’s prisons and coauthored an important study of two women’s prisons in California. Her Voices feature provides a realistic glimpse of how it feels to be a woman doing time in prison. Chapter 10 Alvin J. Bronstein was the director of the National Prison Project of the American Civil Liberties Union. In his Voices feature, he talks about the history and early accomplishments of the National Prison Project and concludes by discussing how the Prison Litigation Reform Act has had an adverse reaction on prisoners’ rights. Chapter 11 Diana Bailey is the Workforce Development/Transition Coordinator with the Maryland State Department of Corrections. She works inside the mobile units, which provide transitional information and library services for inmates in the prerelease system. In her Voices feature, she describes this exciting support system as used in Maryland to prepare men and women for release from incarceration. Chapter 12 Joanne Page is the president and CEO of the Fortune Society, which is located in New York City and serves more ex-offenders than any other such agency in the United States. In her Voices feature, she talks about the rewards of working with ex-offenders and of expanding the programs of the Fortune Society for these offenders. Chapter 13 Mary Leftridge Byrd has been a superintendent of both women’s and men’s prisons and served as assistant secretary, division of Offender Treatment and Reentry Programs for the Washington State Department of Corrections. In 2009, she accepted a senior executive service position with the Department of Homeland Security. In her Voices feature, she begins by saying how much she loved her job as warden. She reports that one of the P REFACE xix
challenges of the job is working with the diverse types of inmates that are placed in prisons today. Chapter 14 Kelly Culshaw is a group supervisor in the Ohio Public Defender’s Death Penalty Division. She has worked there since 1997 when she graduated from the Ohio State University School of Law. In her Voices feature, she talks about the importance of her work as a public defender because of what she sees as fairness issues with the death penalty. Chapter 15 Jean Tomlinson worked in various positions for the Texas Youth Commission before becoming superintendent of a private facility in Texas. In her Voices feature, she relates how she has a real passion for her work in juvenile corrections. She also identifies areas in which she feels juvenile corrections needs to focus and expresses concern about the quality of some private operations working with institutionalized youngsters. Chapter 16 Michael Tonry specializes in criminal penal law and is the Marvin J. Sonosky Professor of Law and Public Policy at the University of Minnesota. He has also been a senior fellow of the Netherlands Institute of the Study of Crime and Law Enforcement, Leiden, and is one of the most respected correctional scholars in the world. The value of his Voices Across the Profession feature is that it provides a broader international perspective on punishment in the United States as compared to European nations. He then examines the popularity and cost of the harsh correctional policies found in the United States. Careers in Corrections Boxes Throughout this book, we highlight a variety of careers in corrections. These careers are: • Director of corrections • Forensic psychologist • Probation officer • Substance abuse counselor • Jail officer • Prison warden • Correctional officer • Correctional counselor • Corrections ombudsman • Recreational therapist • Parole officer • Correctional supervisor • Chaplain • Social worker • Internal affairs investigator For each career, we discuss the nature of the job, qualifications and required education, job outlook, and earnings and benefits. The value of this feature to students is that it provides information and insight on what the job expectations and challenges of each job hold. These boxes further provide glimpses of the variety of work opportunities that are available in corrections. Correctional Life Boxes This feature asks probationers, inmates, or parolees to discuss their life in correctional institutions: What are the problems? How do they cope? The purpose is to bring the reader as close as possible to life behind the walls: What is it really like living on death row? How do parolees/probationers make it in the community? TechnoCorrections Boxes Technocorrections, an approach toward corrections that uses the most advanced technology to supervise offenders in xx P R EFACE
the community and in correctional institutions, is featured in six boxes in the text as well as an evaluation in the final chapter. The value of this cutting-edge box is that it describes and evaluates a major emphasis in corrections today. Myth/Fact Boxes Every chapter contains two or more Myth/Fact boxes. A myth is stated that is accepted by some (i.e., “Prison rehabilitation efforts are a failure”), and then a fact is provided that has been supported by research in corrections. These myths/facts ought to generate lively discussion and debate in the classroom. Timelines Several chapters have timelines that cover the important events that shaped the history of corrections. The value of a timeline is that it gives a sense of the past, ties it into the present, and perhaps is suggestive of what might be found in the future. For example, one timeline gives the U.S. Supreme Court’s most important decisions of the past and present on the death penalty. From this, it is possible to see in what direction the Supreme Court is likely to move regarding the death penalty in the future. Exhibits Nearly every chapter has one or two exhibits that highlight the material being discussed. For example, the exhibits in the intermediate sanctions chapter (Chapter 5) describe services provided by drug courts and day reporting centers. The value of this feature to students is that the exhibits are illustrative and helpful in better understanding the chapter material. Key Terms The definitions for the key terms appear in the text margin where the concepts are introduced, as well as in the comprehensive glossary at the end of the book. Critical Thinking Questions At the end of each chapter are a number of questions that are designed to help students think critically about the material. Thinking Like a Corrections Professional Each chapter ends with a feature where students have an opportunity to make a decision on how they think a corrections professional would handle a particular situation. Many of these features represent actual situations that have taken place, while the others are possible situations that could take place. For the student, the question is: How would you handle this if you were a corrections professional and faced with making this decision? Career Destinations Each chapter concludes with students doing research on the Web, with suggestions for appropriate articles to help students who are considering corrections careers.
Ancillaries INSTRUCTOR’S RESOURCE MANUAL WITH TEST BANK The manual includes
learning objectives, key terms, a detailed chapter outline, a chapter summary, discussion topics, student activities, and a test bank. Each chapter’s test bank contains questions in multiple-choice, true/false, fill-in-theblank, and essay formats, with a full answer key. The test bank is coded to the learning objectives that appear in the main text, and includes the page numbers in the main text where the answers can be found. Finally, each question in the test bank has been carefully reviewed by experienced criminal justice instructors for quality, accuracy, and content coverage. Our Instructor Approved seal, which appears on the front cover, is our assurance that you are working with an assessment and grading resource of the highest caliber. POWERLECTURE DVD This one-stop digital library and presentation tool
includes preassembled Microsoft® PowerPoint® lecture slides. In addition
P REFACE xxi
to a full Instructor’s Manual and Test Bank, PowerLecture also includes JoinIn, video, and image libraries. EXAMVIEW ® COMPUTERIZED TESTING The comprehensive Instructor’s Resource Manual described above is backed up by ExamView, a computerized test bank available for PC and Macintosh computers. With ExamView you can create, deliver, and customize tests and study guides (both print and online) in minutes. You can easily edit and import your own questions and graphics, change test layouts, and reorganize questions. And using ExamView’s complete word processing capabilities, you can enter an unlimited number of new questions or edit existing questions. JOININ™ ON TURNINGPOINT ® Spark discussion and assess your students’
comprehension of chapter concepts with interactive classroom quizzes and background polls developed specifically for use with this edition of Corrections Today. Also available are polling/quiz questions that enable you to maximize the educational benefits of the ABC News video clips we custom selected to accompany this textbook. Cengage Wadsworth’s exclusive agreement with TurningPoint software lets you run our tailor-made Microsoft® PowerPoint® slides in conjunction with the “clicker” hardware of your choice. Enhance how your students interact with you, your lecture, and each other. For college and university adopters only. Contact your local Cengage representative to learn more. WebTutor™. Jumpstart your course with customizable, rich, text-specific content within your Course Management System. Whether you want to Web-enable your class or put an entire course online, WebTutor delivers. WebTutor offers a wide array of resources, including media assets, test bank, practice quizzes, and additional study aids. Visit webtutor.cengage .com to learn more. Lesson Plans. The instructor-created Lesson Plans bring accessible, masterful suggestions to every lesson. The Lesson Plan includes a sample syllabus, learning objectives, lecture notes, discussion topics, in-class activities, a detailed lecture outline, and assignments. Lesson Plans are available on the PowerLecture resource and the instructor website, or by e-mailing your local representative and asking for a download of the eBank files. Website. The book-specific website at www.cengage.com/criminal justice/siegel offers students a variety of study tools and useful resources such as quizzes, weblinks, Internet exercises, glossary, flashcards, and more. Criminal Justice Media Library. This engaging resource provides students with more than 300 ways to investigate current topics, career choices, and critical concepts. Annotated Instructor’s Edition. This essential resource features teaching tips, discussion tips, technology tips, and video tips to help professors engage students with the course material. Course360. Online Learning to the Next Degree. Course360 from Cengage Learning is a complete turnkey solution that teaches course outcomes through student interaction in a highly customizable online learning environment. Course360 blends relevant content with rich media and builds upon your course design, needs, and objectives. With a wide variety of media elements including audio, video, interactives, simulations, and more, Course360 is the way today’s students learn.
For the Student Study Guide. An extensive study guide has been developed for this edition by Todd Scott of Schoolcraft College. Because students learn in different
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ways, the guide includes a variety of pedagogical aids to help them. Each chapter is outlined and summarized, major terms and figures are defined, and self-tests are provided. CLeBook. CLeBook allows students to access Cengage Learning textbooks in an easy-to-use online format. Highlight, take notes, bookmark, search your text, and, in some titles, link directly into multimedia: CLeBook combines the best aspects of paper books and ebooks in one package.
ACKNOWLEDGEMENTS We would like to give thanks to our terrific and supportive editor Carolyn Henderson Meier and our wonderful and fantastic developmental editor Shelley Murphy. This text would not have been possible to complete without their assistance and TLC. The preparation of this text would not have been possible without the aid of our colleagues who helped by reviewing the manuscript. Gerlad Bayens, Washburn University Robert Boyer, Luzerne County Community College Eben Bronfman, ASA Institute Terry Campbell, Kaplan University Eugene J. Evans, Jr., Camden County College Ronald Fennell, Lock Haven University Ida Flippo, Clackamas Community College Brett E. Garland, Missouri State University Joy Hadwiger, Rogers State University Richard M. Hough, Sr., University of West Florida Jessie Krienert, Illinois State University Frank Leonard, Tallahassee Community College Samantha Lewis, Miami Dade College William McDonald, Monroe College Trevor Milton, State University of New York, Old Westbury Joe Morris, Northwestern State University of Louisiana Angela L. Ondrus, Owens Community College O. Elmer Polk, Kennesaw State University Dr. Cassandra L. Renzi, Keiser University, Daytona Beach Kristen M. Zgoba, Rutgers University We are also grateful to the individuals who were willing to be interviewed and become our Voices Across the Profession boxes. Further, we express our appreciation to those who helped us in various ways during the preparation of the manuscript: Brannon Carter, Gloria Hadachek, Austin Howard, Allison Sorg, and James Wertz. Many thanks to all. Larry Siegel Clemens Bartollas
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Teaching Using Learning Objectives
Teaching Using Learning Objectives
Section One: Introduction and Overview of Supplements that Contain Learning Objectives Cengage Learning recognizes the challenges of teaching and seeks to support faculty in their efforts to educate students. In pursuit of this goal, this supplement has been provided to aid faculty in using the Learning Objectives included in the textbooks and supplementary materials adopted for your class. Learning Objectives can make teaching and learning an easier and more profitable exercise. This supplement is intended to assist you in incorporating the Learning Objectives into your classroom. How do Learning Objectives make teaching easier? Learning Objectives can be the organizing framework for all of the information taught in class. This supplement will show you how the ancillary materials tie all of the textbook information together for you using the Learning Objectives for each chapter in our instructor and student resources. These resources are available in print and electronically via various products, downloads, and companion websites provided by Cengage Learning. How do Learning Objectives make learning easier? Students who know what is expected of them are more likely to succeed. Learning Objectives let the student know exactly what you expect them to learn, while the Study Guide and various tutorials available in our products and on our companion websites show them how to achieve the Learning Objectives. Making students aware of these materials provides them with a roadmap to successful completion of the class. Learning Objectives make it a simple process to communicate what students are expected to know by the thus h end d off the h class, l h making ki your jjob b easier. i Additionally, the Learning Objectives are used repeatedly in the textbook and study materials, and on the companion website available to each student. Repetition of this information promotes student success.
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Instructor Resources Learning Objectives are available in a variety of materials for you and your students. An Annotated Instructor’s Edition is available for some titles, and includes a list of all of the tools we offer for instructors and students. Some of the key features of the Annotated Instructor’s Edition include Teaching Tips, Discussion Tips,Web Tips, and Media Tips for each chapter. These tips are specifically designed to assist you in incorporating the Learning Objectives into the classroom through assignments, discussion, and use of the internet. Additionally, these tips are highlighted in blue in the margins of the textbook to help you spot them easily when preparing for classes.
Resources
The Lesson Plans include two sample syllabi, Learning Objectives, Lecture Notes, Discussion Topics, Class Activities, tips for classroom presentation of the chapter material, and Assignments.
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The Instructor’s Manual with Test Bank includes Learning Objectives, a Chapter Outline, Key Terms, and a Test Bank. Each question in the Test Bank is coded to the appropriate Learning Objective for that question. This allows you the opportunity to focus on the Learning Objectives you feel are most important for your students to understand.
Instructor Resources Cont.
The PowerLecture DVD is a compilation of all of the above tools except the Annotated Instructor’s Edition, plus some additional resources. Included on the PowerLecture DVD are PowerPoint slides, an Image Library, the Instructor’s Manual, the Test Bank, the Lesson Plans, ExamView, JoinIn for Clickers, and videos. ExamView includes all of the Test Bank questions from the Instructor’s Manual with Test Bank in customizable electronic format. It creates tests for you and allows you to choose multiple choice, true/false, fill-inthe-blank and essay questions that focus on the Learning Objectives of your choice. Using ExamView, you can view the test results as you create the test, and edit the test as you create it. Microsoft® PowerPoint® slide presentations are available for each chapter of the textbook and provide a lecture presentation focused on the Learning Objectives.
The Study Guide is the student’s version of the Instructor’s Manual. It provides the student with the Learning Objectives for each chapter, a Chapter Outline, Key Terms and the pages on which they can be found in the textbook, special projects that can be used as assignments for class, and a Practice P i T Test Bank B k with i h answers coded to the Learning Objectives.
CengageNOW is an interactive online learning resource for students. This tool provides students with study tools for each chapter such as essay questions, flashcards, and tutorial quizzes, all of which are centered on the Learning Objectives to ensure that students understand what material to focus on while studying.
Resources
Student Resources
Both the Study Guide and CengageNOW allow you to target your students’ study time on the Learning Objectives while enabling you to communicate the focus of each chapter in the text to your students, as well as where you want them to be at the end of the term.
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Section Two: Using the Supplements to Integrate Learning Objectives into Your Classroom One of the first tasks for you in teaching using Learning Objectives is to tie them into the Chapter Outline and lecture materials. This process is made easy through the use of the supplementary materials discussed in Section One. Let’s take a look at how each of these supplements can work for you. The Instructor’s Manual with Test Bank is available to instructors in print and electronically. The Instructor’s Manual portion can be downloaded from the companion website for the book, and the full version is available electronically as part of the PowerLecture DVD or through a download by contacting your Cengage Learning sales representative. The Lesson Plans and PowerPoint slides are both available
electronically as a download by contacting your Cengage Learning sales representative, or as part of the PowerLecture DVD. The Instructor’s Manual with Test Bank includes a Chapter Outline for each chapter of the textbook adopted for your class. A quick look at each of the headings for the Outline provides you with the ability to tie each section of the Outline to the Learning Objectives for that chapter. For example, in Criminal Justice in Action: The Core, the Learning Objectives for Chapter One can be linked directly to the sections in the Outline. Table 2.1 demonstrates how each of the Learning Objectives for this chapter connects to the Outline in the Instructor’s Manual.
Section Two
Table 2.1 Connection Between Learning Objectives and Outline Sections Learning Objective
Outline Section
1.
3.
Values of the Criminal Justice System
1. 2. 2. 2.
What is Crime The Criminal Justice System The Criminal Justice System The Criminal Justice System
2. 3.
The Criminal Justice System Values of the Criminal Justice System
2. 3. 4. 5. 6. 7.
Describe the two most common models that show how society determines which acts are criminal. Define crime and identify the different types of crime. Outline the three levels of law enforcement. List the essential elements of the corrections system. Explain the difference between the formal and informal criminal justice processes. Describe the layers of the “wedding cake” model. Contrast the crime control and due process models.
The Annotated Instructor’s Edition is another powerful tool to help you teach using Learning Objectives. The marginal callouts mentioned in the first section (Teaching Tips, Discussion Tips, Web Tips, and Media Tips) correlate to the Learning Objectives, and can provide you with ideas as to how to generate discussion on the Learning Objectives and be creative in incorporating them into your classes. For example, regarding Learning Objective One from above, one of the Teaching Tips suggests having students research how violent crimes are classified in your state. It suggests asking studentss to name the specific circumstances required for each degree of an offense. Such an assignment not only explores the deeper meaning of crime but also investigates the criminal justice system in a way that can be more meaningful to the student as she or he considers the criminal justicee system in her or his own local area.
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Discussion Tips also help focus the class on Learning Objectives by providing topics for group and class discussion directly related to the Learning Objectives. One such Discussion Tip relates to Learning Objectives One and Three from above. The Discussion Tip suggests having students work in small groups to brainstorm examples of offenses that fit the conflict model of criminal justice, focusing on which groups hold the power and which do not. A discussion such as this not only focuses the students on the Learning Objectives, but also helps them understand how the different concepts in the Learning Objectives are applied in the criminal justice system.
are incorporated into the PowerPoint slides, making it quick and easy for you to lecture in the classroom using the Learning Objectives as your focus. For those who prefer not to use PowerPoint slides, the Lesson Plans also include the Learning Objectives as the foundation for lectures, as well as discussion questions and possible activities to use in the classroom. Including the Learning Objectives in your syllabus can also aid students in understanding the focus for each class session and help them to be prepared prior to class. These materials can all work together to allow you to organize classes easily and enable you to have a greater impact. See Figure 2.1 below for an example of a syllabus based on the information from Table 2.1. The materials included in the Instructor’s Manual with
Objectives as well as a Chapter Outline, Key Terms, and Practice Test Bank. Students can be assigned to group the Learning Objectives to the Outline, per the example above, prior to each class so they will come prepared. Additionally, just as the Instructor’s Manual includes a Test Bank with answers mapped to the Learning Objectives, the Study Guide also provides the appropriate Learning Objectives with each answer to the Practice Test Bank questions, and the questions in the CengageNOW online tutorials test the student’s knowledge of the Learning Objectives as well. Using the PowerPoint slides allows you to lecture based on a PowerPoint presentation created specifically for each of the chapters in the book. The slides are prepared for you by instructors who teach the material, so they reflect what instructors using the book want to see in their classrooms. The Learning Objectives
Section Two
The Annotated Instructor’s Edition also provides an End of Chapter Summary with links to the Learning Objectives. This summary offers a synopsis of all of the Learning Objectives, providing a quick reference for review of the Learning Figure 2.1 – Incorporating the Learning Objectives into a Class Syllabus Objectives prior to class Professor Bell Fall Semester – 2009 discussion. Additionally, the Syllabus – Criminal Justice in Action End of Chapter Summary can be used as a tool in class to review the topics covered Date Text Book Chapter Topics Learning Objective(s) with students at the end of 9/12/2009 One What is Crime? Two class, and reinforce discussion The Criminal Three, Four, of any or all of the Learning Justice System Five, Six Objectives covered. Values of the One, Seven Criminal Justice The Study Guide System incorporates the Learning
Test Bank can differ slightly from book to book. They always include Learning Objectives, Key Terms, a Chapter Outline, Discussion Topics, Student Activities, and the Test Bank, but can also include Activity Suggestions for Online Courses, Internet Connections, and Using Media in the Classroom resources. The Lesson Plans can help you integrate Learning Objectives into your teaching style in the classroom. The Learning Objectives are included in the sample syllabi and can also easily be integrated into the Chapter Outline as shown above. Now that we have covered some of the materials available to assist you in Teaching Using Learning Objectives, we will discuss some other ways you can use the material included in these resources in your classroom.
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Section Three: Key Terms
Section Three
Key Terms are a very helpful tool for implementing Learning Objectives while teaching in the classroom, and are provided in almost all of the supplemental materials we’ve discussed. As you read this supplement, think about the different classes you took as a student in college. In order to acquire an undergraduate degree itt is almost always necessary to take classes known as “core” classes. These classes are not directly related to the major you are taking, but are required of many undergraduate programs to ensure that students are well-rounded when they receive their degree. One of the first things necessary when taking a class in a field you are not familiar with is to learn the language. Medical students must learn medical terminology, psychology students must learn psychological terminology, and criminal justice students must learn criminal justice terminology. Therefore, for a student to be able to gain a firm grasp of the concepts in the Learning Objectives, it is necessary to understand the language of that material. One of the best ways to understand the language is to first learn the Key Terms.
Each of the Key Terms can be directly categorized under a Learning Objective. Although each of the Key Terms are directly related to one particular Learning Objective, some of them may apply to more than one. Table 3.1 shows an example of how the Key Terms connect to the Learning Objectives in Chapter One of Criminal Justice in Action: The Core.
Table 3.1 Connection between Learning Objectives and Key Terms Learning Objective
Key Terms
1.
Consensus model, conflict model
2.
3. 4. 5. 6. 7.
6
Describe the two most common models that show how society determines which acts are criminal. Define crime and identify the different types of crime.
Outline the three levels of law enforcement. List the essential elements of the criminal justice system. Explain the difference between the formal and informal criminal justice processes. Describe the layers of the “wedding cake” model. Contrast the crime control and due process models.
Crime, deviance, murder, sexual assault, assault, larceny, battery, public order crime, white-collar crime, organized crime, terrorism Homeland Security Federalism, criminal justice system Federalism, criminal justice system, discretion, Civil Rights “Wedding Cake” Model Crime Control Model, Due Process Model
A good example of an ongoing homework assignment is to have the students list each Learning Objective with the Key Terms that are related to it and explain how they are related. The assignment should be due on the day of class that each topic is to be covered. This provides an opportunity for class discussion as well as opening students up to interject a fresh perspective on the material. Although the Key Terms do apply to some Learning Objectives more than others, it is important to remember that such an assignment is primarily about getting the student to think about the Key Terms and the Learning Objectives, and how they apply to the subject of that particular chapter. Thus, it is possible that more than one answer is correct in such an assignment. The Key Terms can also be used in class or as a homework assignment using some of the study tools available to the student through CengageNOW.
Flashcards of Key Terms are available for students and instructors, and can be used as an activity in class to keep students involved. Students can be asked to define a Key Term and then relate it to the appropriate Learning Objective. One way to increase participation with this kind of exercise is to offer extra credit points for correlating the definitions with the correct Learning Objectives. The amount of extra credit does not have to be large, and an activity such as this accomplishes several goals at the same time. First, students quickly learn that the way to gain extra credit is to come to class. Second, the students will relate the Key Terms to the Learning Objectives and develop an understanding of the language necessary to understand the information. Finally, students are encouraged to participate in class. It’s a good idea to limit the number of times each student can answer, so as to allow all students the opportunity to participate.
Section Four
Section Four: Online Study Tools CengageNOW provides online study tools that allow students to take Pre- and Posttests with questions that correlate directly to the Learning Objectives. As you can seee in the figure below, the student can take a Pre-test on material related to the Learningg Objectives, and the program offers them a personalized study plan based on the results of the Pre-test. After the student has completed the personalized study plan, a Post-test evaluates her or his improved comprehension of the chapter content. The student has electronic access to all of the information from the chapter as he or she is studying, and can access video information as well. Use of tools such as these can not only help p you incorporate Learning Objectives into your teaching in the classroom, but can also help make the material more compelling ffor the h student. Reviewing material in more than one format can help students gain a better grasp of the material by reinforcing the same information in various contexts.
Additionally, making the material available to students in more than one format helps ensure that all students are presented the material in a format which is most conducive to their learning style.
7
Section Five: Conclusion Although we have covered a number of ways that Learning Objectives can be used as part of teaching in the classroom, there are many more possibilities. The goal of this supplement is to provide you with a few examples of how you can incorporate Learning Objectives into your teaching style to make teaching easier and more productive.
Section Five
All of the tools provided to instructors by Cengage Learning can aid you in teaching using Learning Objectives. These tools are available in a number of different platforms to enable you to choose the version you’re most comfortable with, that best suits your teaching style and the various learning styles of your students. Whether you prefer using print supplements such as the Instructor’s Manual with Test Bank or Annotated Instructor’s Edition, the electronic option of the PowerLecture that includes everything on a single DVD, or the CengageNOW convenience
8
of interactive online tools, Cengage Learning has a resource for you and your students. Incorporating the tools created specifically for use with the textbook you use in your class can make teaching more rewarding for you and more effective for your students. Teaching using Learning Objectives has the potential to make your classroom, whether traditional or online, a learning-friendly environment in which students can get the most out of the academic experience. Providing students with alternatives to traditional lecture formats can make for a more dynamic and successful learning experience. Teaching a class that is enjoyable for students makes the teaching experience enjoyable as well. We hope that this supplement has provided you with some ideas on how to incorporate Learning Objectives into your classroom and how to make better use of the tools available to you to help your students learn the material you present in class.
Preview
Career focused with cutting-edge coverage of today’s leading technologies… With a dynamic visual presentation in a concise paperback format, Corrections Today is the text instructors have been waiting for. The g authors designed this all-new book especially for instructors who have grown tired of encyclopedic texts that are lacking in real-world concepts and application. It examines the field of corrections through the lens of students who are giving serious thought to a career in the field or are now working in corrections but seeking an advanced degree in order to obtain promotion and/or switch job paths. Corrections Today offers the most practical, engaging, careerfocused, and authoritative introduction to corrections available. Supported by an outstanding collection of teaching and learning resources, Corrections Today is the ideal solution for instructor’s looking for the proven reliability of Larry J. Siegel’s authorship in a brief, highly visual, and affordable presentation. Explore Corrections Today with this preview, and discover a text that reveals the dynamic nature of corrections today.
Corrections Today will take your students into the future 1
Careers
c a r e e r s
State-of-the-art coverage of the hottest issues and topics ensures that today’s students will be prepared for tomorrow’s jobs. in
c o r r e c t i o n s
THE JAIL OFFICER Nature of the Job Correctional officers in the jail, whatever their official title may be, have the responsibility of overseeing individuals who have been arrested or are awaiting trial or who have been convicted of a crime and are sentenced to serve time in a jail. They maintain security and inmate accountability to prevent assaults, disturbances, and escapes. Sheriff’s departments typically place newly appointed deputies in the jail for a period of time until they are transferred to law enforcement responsibilities on the streets. Some sheriff’s departments will employ correctional officers in permanent positions in the jail; they may be known as detention officers. In jail facilities with direct-supervision cellblocks, officers work unarmed. They are equipped with communication devices so they can summon help if necessary.
Qualifications and Required Education Most jails require correctional officers to be at least 18 to 21 years of age and a U.S. citizen; have a high school education or its equivalent; demonstrate job stability, usually by accumulating two years of work experience; and have no felony convictions. The possibility of promotion may be enhanced by obtaing a postsecondaryy education. Federal,, state,, and and some local departments depart p ments ing cor orre re ectio tions ns provide provi rovid ide de training train raini i ing ing g for for correctional correctiionall offi officer ffi ficers cers based ba b sed d on guidelines guide uideli id line liness of corrections tab bliished hed e by tthe he A Ameri merican can Correctional Correcti Corr ectional onal Ass Associa ociation tion and the American America Ame rican n Jail Jail established American Association in soccia atio on. Association.
c a r e e r s
Careers in Corrections boxes highlight
the various career opportunities available to students. For each career explored, the authors discuss the nature of the job, qualifications and required education, job outlook, and earnings and benefits. Careers in Corrections features provide information and insight on what the job expectations and challenges of each job hold. These boxes further provide glimpses of the variety of work opportunities that are available in corrections.
c o r r e c t i o n s
Job bO Outlook utlo ook
THE FORENSIC PSYCHOLOGIST
Job bo opportunities pportunities for correctional offi ficers who work in the jail are expected to be ex excellent. offi xcelle ent. The need to replace correctional officers ficers who transfer to other Nature of the Job occupations, cup pations, retire, or leave the labor force, along with rising employment deForensic psychologists apply the knowledge and scientific methods from the and d, w ill generate thousands of job possibilities each year. mand, will field of psychology in legal settings. They evaluate the mental health of parolees, run inmate mental health programs, and provide counseling to victims. Earnings rn nings and Benefits Benefi fits Moreover, in the court system, forensic psychologists consult with attorneys to Today, da ay, tthe he mean annual earnings of jailers is in the mid-$40,000s. The mean anassess individuals’ mental health to determine how their mental state relates al e arnings of first-line supervisors/managers of correctional offi ficers is in the nual earnings to the trial. They may help in crafting sentences based on the criminal defengh-$ $40,000 range. In addition to typical benefits, fits, correctional offi ficers usually high-$40,000 benefi dant’s clinical needs. Finally, they consult with law enforcement in order to ep rovid ded with a uniform or a clothing allowance to purchase their own are provided apprehend criminals; for example, they might create a psychological profile of ifo orms. Their retirement coverage entitles correctional officers ficers to retire at uniforms. offi a suspect to predict their behavior. e5 0a fter 20 years of service or at any age with 25 years of service. age 50 after
Professionals working in corrections share their
experiences with Voices Across the Profession. These features—at least one in every chapter—give students a look at what it’s like to work in a variety of careers.
Qualifications and Required Education
Sources: urcces: U U.S. .S. Department of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, forensic psychologist will need either master’s or doctorate degree. A maswww.bls.gov; and Texas Commission on Law Enforcement, BasicaCounty Corrections, ww..blss.gov; A Course Numberr 1070, February 2004. 10 070, revised re evised ter’s degree will qualify forensic psychologists for entry level work in places
such as police departments, prisons and jails, and mental health centers. The two more advanced programs are a doctorate of philosophy (Ph.D.) in psychology and a doctorate of psychology (Ps.D.) in forensic psychology. The differences are actually clear; the two programs have two different foci depending on the career goals of a future forensic psychologist. A Ph.D. in psychology will prepare students for administrative or management positions at law enforcement and health organizations. Ps.D. training prepares students for providing mental health treatment and being a court witness.
taking over galleries or a cell house. So the department is doing a much better job in tracking gang members inside. Institutional violence can occur at any time. You have people inside that you depend on to stay on top of what is going Major Dennis Davis, Gang Liaison In all prison systems, whether it is in the state of
Job Outlook The number of educational institutions that offer graduate programs in forensic science is relatively small, so entry into a program is competitive. But with the recognition of the importance of psychological factors in behavior and functioning, the employment outlook is good.
Earnings and Benefits A forensic psychologist’s mean annual salary is $74,250. The majority of these psychologists make between $51,520 and $93,870 a year. Sources: Bureau of Labor Statistics, United States Department of Labor Psychologists, Occupational Outlook Handbook, 2008–2009 edition, www.bls.gov/oco/ocos056.htm (accessed May 31, 2009); British Psychological Society, www.bps.org.uk (accessed July 12, 2009).
Illinois or any other state, each prison has gangs inside them. The gangs try to control the prison popu© Dennis Davis
lation . . . through the jobs
down. Sometimes it does not work, and violence erupts. A lot of people think violence is gang-on-gang, but a lot of times gang violence is on itself. A gang member may have embarrassed a gang chief, and he orders that gang member to be killed. And that gang member will be killed. The manpower inside a prison system may not be enough to keep that from happening. Where violence is gang-on-gang you could have two or three hundred men fight-
that are offered inside the prison, such as
ing inside that prison. With that occurring,
the laundry, the kitchen, and so forth. Each
The Illinois Department of Corrections has
job is paid a salary, and some jobs are paid
gained much more control over gangs . . . [by
your gun towers get involved and your tacti-
higher salaries than others. Each gang will
making] all the inmates wear the same cloth-
cal units get involved. In the aftermath, a lot
vie for those positions. Gangs also try to take
ing. The gang chiefs can’t dress in all their
of people end up dead.
over a cell house or a gallery of a cell house.
glamour and glitter. Everybody is wearing the
They will slowly manipulate their people into
same blue shirt and same blue prison pants.
But can law enforcement and corrections
cells with each other. If prison officials are
Everybody has two boxes, a legal box and a
people make a difference in their lives? Yes,
not paying attention, the gang will eventually
clothing box, they have to live out of. And all
they can! And the important thing I have
have a gallery of their people, and they con-
their possessions must fit in these two boxes.
found in 30 years of working with gang
tinue to work until they may have four or five
It used to be that if you lived with a gang
members is that it is important to learn who
galleries in that one cell house.
chief, all his stuff would take up a cell and his
they are, what they are about, and the consti-
GANG CONTROL
cellie would have no room to put his stuff.
tution and bylaws they live by. If we take the
Everyone is living the same now.
time to learn that, we can approach them.
In terms of gang control, the gangs will always try to control the prison system through fear and intimidation, just like they do in a regular community. The more fear they can put into a correctional staff and the administration, the more power they have. How they do that is by threatening to stab line staff and sometimes administrative staff.
2
In terms of gang control, the gangs will always try to control the prison system through fear and intimidation, just like they do in a regular community. The more fear they can put into a correctional staff and the administration, the more power they have.
There are also more gates to control
Gang members are very violent people.
Once we can approach them, then there is
movement within the prison. The Depart-
a respect built there. By doing that, you can
ment of Corrections has grown by leaps and
help immensely by getting them out of gangs,
bounds in slowing down the movement of
especially the younger ones. I think that this is
the organizations [gangs], and they are bet-
really important for people to understand.
ter in identifying gang members. We can use the computer to make certain gangs are not
Source: Interviewed in 2008.
Careers End-of-chapter Thinking
Like a Corrections Professional critical-thinking activities challenge students to think through dilemmas they are re likely to face on the job. Many of these features represent actual situations that have confronted today’s professionalss and all give students an opportunity to practice their problem-solving skills. For the student, the question is: How would you handle this if you were a corrections professional and faced with this decision?
Thinking Like a Corrections Professional As a local juvenile court judge, you have been assigned the case of Jim
success. Jim himself shows remorse and appears to be a sensitive
Butler, a 13-year-old juvenile so short he can barely see over the bench. On trial for armed robbery, the boy has been accused of threaten-
youngster who is easily led astray by older youths. You must now make a decision. You can place Jim on probation
ing a woman with a knife and stealing her purse. Barely a teenager, he already has a long history of involvement with the law. At age 11
and allow him to live with his grandmother while being monitored by county probation staff. You can place him in a secure incarceration
he was arrested for drug possession and placed on probation; soon after, he stole a car. At age 12 he was arrested for shoplifting. Jim is
facility for up to three years. You can also put him into an intermediate program such as a community-based facility, which would allow
accompanied by his legal guardian, his maternal grandmother. His parents are unavailable because his father abandoned the family years
him to attend school during the day while residing in a halfway house and receiving group treatment in the evenings. Although Jim appears
ago and his mother is currently undergoing inpatient treatment at a local drug clinic. After talking with his attorney, Jim decides to admit
salvageable, his crime was serious and involved the use of a weapon. If he remains in the community, he may offend again; if he is sent to
to the armed robbery. At a dispositional hearing, his court-appointed attorney tells you of the tough life Jim has been forced to endure. His
a correctional facility, he will interact with older, tougher kids. What mode of correctional treatment would you choose?
grandmother states that, although she loves the boy, her advanced age makes it impossible for her to provide the care he needs to stay out of
• Would you place Jim on probation and allow him to live with his grandmother while being monitored?
trouble. She says that Jim is a good boy who has developed a set of bad companions; his current scrape was precipitated by his friends. A representative of the school system testifies that Jim has aboveaverage intelligence and is actually respectful of teachers. He has potential, but his life circumstances have short-circuited his academic
Career Destinations
Each chapter concludes with students doing career-related research on the Web, with suggestions for appropriate articles to help students who are considering corrections careers.
• Would you send him to a secure incarceration facility for up to three years? • Would you put him into an intermediate program such as a community-based facility?
Career Destinations If you want to become a drug counselor, you may first want to read up on the most effective antidrug treatment programs in prisons today: http://download.ncadi.samhsa.gov/Prevline/pdfs/bkd526.pdf www.ncjrs.gov/pdffiles1/nij/199948.pdf Another career possibility is correctional educator. To learn more, go to the site of the Correctional Education Association: www.ibiblio.org/icea/
State correctional authorities routinely post jobs for correctional counselors. Here is one in Pennsylvania: www.scsc.state.pa.us/scsc/cwp/view.asp?a=392&q=151553 and one in Minnesota: www.mn-ca.org/Education/StudentServices/ FindingaJobinMinnesotaCorrectionsJune2008/tabid/249/Default. aspx
Career Destinations If you want to become involved in prisoners’ rights, you can work for or become involved in an inmate advocacy group. Learn more by going to some of their websites: www.allofusornone.org www.fcnetwork.org
If you are interested in becoming an ombudsman, check out: www.ombudsassociation.org/training/ To find out more about inmates rights, go to: http://public.findlaw.com/civil-rights/more-civil-rights-topics/ prisoner-civil-rights-top/le5_6rights.html
Look to Corrections to keep your students at the forefront of the latest topics in the field, including: Privatization Special populations (sex offenders; juveniles)
Alternatives to incarceration Rehabilitation; programs that work; contemporary solutions/policies Future of corrections
Restorative justice Trends in prison overcrowding Drug courts
3
Engaging Features From the latest technologies to what it’s like to do time— students come to understand corrections inside and out TechnoCorrections boxes spotlight the use of
cutting-edge technology to supervise offenders in the community and in correctional institutions. Featured in boxes throughout the text—as well as an evaluation in the final chapter—the text’s technocorrections coverage gives students and essential and compelling look at a major emphasis in corrections today. TechnoCorrections boxes explore topics such as: “Registering Sex Offenders on the Internet” “EM and GPS Systems in the Community” “Monitoring Jail Inmates with Biometric Technology” “Using Technology in Prison Security” “Less-than-Lethal Weapons in Prison”
T e c h n o C o r r e c t i o n s Using Technology in Prison Security minutes of exposure to the sun at sea
alarm button and transmit to a com-
technology to maintain prison security was
level. Although these X-rays penetrate
puter that automatically records whose
unknown. Now prison technology offers inno-
clothing, they do not penetrate the
distress button has been pushed. A
vations that provide substantial savings in staff-
body.
map of the facility appears onscreen,
ing costs and operations. A few of the more
FE LLIFE
Joshua: Can I Survive? At 17,
new environment. You’re not sure what you’ll
for me at least, prison was many things.
have to become to come out okay.
There is the fear. We’ve all seen the movies
It’s a proving ground also. You’re constantly
a stationary screening system to detect
• Ground-penetrating radar. Ground-
nonmetallic weapons and contraband
under-vehicle surveillance system utilizes
tunnels inmates use to escape. GPR
plified magnetic resonance imaging
a drive-over camera that records a video
works almost like an old-fashioned
(MRI) as a noninvasive alternative to
image of the license plate and the un-
Geiger counter, but rather than detect-
X-ray and physical body cavity searches.
derside of any vehicle entering or leaving
ing metal, the system detects changes
The stationary screening system makes
the secure perimeter of the prison. This
in ground composition, including voids
use of first-generation medical MRI.
system allows prison staff to check each
• Transmitter wristbands. These wrist-
vehicle for possible escape attempts and
such as those created by a tunnel. • Heartbeat monitoring. Now it is pos-
bands broadcast a unique serial number by radio frequency every two seconds
inmates’ heartbeats! The Advanced
so that antennas throughout the
Vehicle Interrogation and Notification
prison can pick up the signals and pass
system, the facial recognition system,
system (AVIAN) works by identifying
the data via a local area network to
utilizes facial recognition by matching
the shock wave generated by the beat-
a central monitoring station PC. The
more than 200 individual points on
ing heart, which couples to any surface
wristbands can sound an alert when an
the human face with a digitally stored
the body touches. The system takes in
inmate gets close to the perimeter fence
image. The system is used to control
all the frequencies of movement, such
or when a prisoner does not return from
access in buildings and rooms inside
as the expansion and contraction of an
a furlough on time. They can even tag
buildings; it is now available and will
engine or rain hitting the roof, and de-
gang members and notify guards when
termines if there is a pattern similar to a
rivals get into contact with each other. • Personal health status monitor. The
electrified containment fences stop
acoustics to track the heartbeat and
revolution that is changing the administration
inmates without causing severe harm or
respiration of a person in a cell. More
of prisons while at the same time improving
death. If an inmate tries to climb or cut
advanced health status monitors are
security.
through the perimeter fence, he or she
now being developed that can monitor
will receive a nonlethal jolt of electricity,
five or more vital signs at once, and
which causes temporary immobilization.
based on the combination findings, can
At the same time, the system both initi-
produce an assessment of the inmate’s
ates an alarm to staff that an attempt
state of health. This more advanced
has occurred and identifies its location.
version of the personal health status
and contraband. The primary advantage
monitor may take another decade to develop, but the current version may already help save lives that would otherwise be lost to suicide. • Personal alarm location system. It is
where the young kid (it’s always the young
tested, by yourself and others. Will he, won’t
some guys do. Life is full of surprises. Who
of this device over current walk-through
kid) comes into prison and is quickly fed
he, is he, can he? The other inmates, as well
knows? Fifteen years from now they might
portals is that it can detect nonmetallic
now possible for prison employees to
upon by the predators. He’s raped or beaten,
as staff, feel you out to see if you’re a snitch, a
pass some law or vacate a number of sen-
as well as metallic weapons. It uses
carry a tiny transmitter linking them
made a punk or killed, sometimes all of the
bitch, a gossip, or a “stand up” or “solid” guy.
tences. I’ll never give up hope or the dream
low-power X-rays equal to about five
with a computer in a central control
above. I have a very active imagination, so I
They want to know if they can use you, or if
of freedom, but I’m not going to obsess
could foresee every possible bad outcome,
you’re strong and take care of yourself. . . .
over it. I have my life, and I’ll get as much
Do I deserve to be here? Probably! Regard-
somewhere the question, “What is the
Everything is so uncertain. You have no
crime, what I did resulted in a spouse who lost
meaning of life?” I had that question stuck in
idea what to expect. It’s a feeling of flux, and
his wife, four young kids growing up without
my head for several years and finally I came
for a time your life simply doesn’t belong
a mother, and an innocent person losing her
up with an acceptable answer, “The meaning
to you. It’s like you were a caterpillar sealed
life. Do I feel guilty? Not as much as I used to.
of life is what life means to you.“
away inside your cocoon. You’re constantly
As the years pass and the more I go through,
changing. You have to learn to adapt to your
it’s harder to feel sorry or guilty. . . .
I’ll leave you with one last insight: I heard
Source: Interviewed in 2005.
CORRECTIONAL A
First-hand accounts of life in correctional
FE LLIFE
away from where you are.
myself are priorities in my life. It is really challenging to deal with this mental torture daily. It’s honestly all about the power of positive thinking. “As for the ‘biggie,’ the death sentence and execution, it’s hard in the beginning. It’s daily torture, but as time progresses it
torture that The follows! Being from has attempted “Many people form their own sense of HELPING LPIN NG C CHILDREN H ILDREN IN CUSTODY. state ofseparated Washington
becomes less and less powerful over you.
friends, family, and lovedmore ones, effectively. and knowing In brotherhood. offenders 1997, the They do things like play basketto manage imprisoned youthful te enacted Senate Bill 3900 fining state defi thegoing jurisdiction, custody, andormanthat lifedefining will be soon on without you is ball work out together to help pass time. ement requirement for juvenile This legislation requires agement not easy to offenders. handle. The TVjuveis always a big way of escaping nile e offenders to be placed in adult prisons for serious offenses such as “The best way to deal with and cope with things here, that and music. And, of course, aggravated gravated murder. In addition, it dictates the housing and educational
In a day-to-day atmosphere, I never think of it. When I see family or friends on visits, I’m reminded of it. But over time, it loses its power to torture you.”
these things is to constantly stay busy! Read-
visitation is a big highlight. Nothing is as
ing, writing, exercise, or whatever; just don’t sit still. An idle mind will collapse on you and
wrote for this book with these words: important to me personally as family. SomeCHAPTER 15 1 5 THE JU JUV V ENI LE O OFFE FFE NDE R 341 “Thank you for this opportunity to voice times friends can become closer than blood
then the torture really begins. Others deal
in here.
with it by medication to help strengthen their
Sources: Jeff Goodale, Dave Menzel, and Glen Hodgson, “High-Tech Prisons: Latest Technologies Drive Cost Savings and Staff Efficiencies,” Corrections Today 67 (July 2005): 78; John Ward, “Jump-Starting Projects to Automate Correctional Processes,” Corrections Today 66 (2006): 82–83; John Ward, “Security and Technology: The Human Side,” Corrections Today 66 (2004): 8; Frank Lu and Laurence Wolfe, “Technology that Works: An Overview of the Supervision and Management Automated Record Tracking (SMART) Application,” Corrections Today 66 (2004): 78–81; Gary Burdett and Mike Rutford, “Technology Improves Security and Reduces Staff in Two Illinois Prisons,” Corrections Today 65 (2003): 109–110; and Tony Fabelo, “Technocorrections: The Promises, the Uncertain Threat,” Sentencing, and Corrections: Issues for the 21st Century (Washington, DC: National Institute of Corrections).
out of it as I can.
Adult prisons are a world apart from most training schools. Prisons are much larger, sometimes containing several thousand inmates and covering many y acres of gground. Life on the inside is usually y austere,, crowded,, and ngerous, and institutionalized youths are particularly subject to sexual dangerous, timization and sexual assault. Richard E. Redding concluded from his victimization view of the programming that juveniles receive in adult correctional review ilities: “Once incarcerated in adult facilities, juveniles typically receive facilities: wer age-appropriate rehabilitative, medical, mental health and educafewer nal services, and are at greater risk of physical and sexual abuse and tional suicide.“ cide.“41 Each year, an estimated 4,000 new court commitments are admitted to state adult prison systems.42 Providing for the care and special needs of venile offenders in adult facilities is proving to be a real problem. The juvenile James: Inmate Voice from “One of the highlights is mail call! So uthful offenders may be as young as 13 and feel overwhelmed by older youthful DeathWith Rowtheir Jamesneed A. Leeto reflbe ectspart whatof something, many prisoners have no one to talk to, and d more aggressive offenders. and like highly being on impressionable death row in the Georgia they hear or from no one they once knew. It uthful offenders tend ittois be and easily used youthful nipulated.43 Some mayDepartment be pressured into joining prison gangsreally andtortures vio- your mind when you don’t manipulated. of Corrections. nt groups. lent “When someone gets a death sentence, hear from anyone. Try and find ways to get In the Correctional Life feature, a 17-year-old sentenced to life without his or her whole world caves in. Nothing, pen pals or someone to help take your mind role tells what prison initially was like for him. parole nor anyone, can prepare one for the mental
the near future.
merely the forerunners of a technological
would, but I don’t dwell on freedom like
less of my mental status at the time of the
become more and more common in
These methods are in use today and are
personal health status monitor uses
backscatter imager to detect weapons
less of my age, what I did was wrong. Regard-
that enters or exits the prison. • Biometric recognition. A new biometric
• Nonlethal electrified fences. Nonlethal
cealed weapons. This system utilizes a
takes to survive,” but the fear is still there.
keeps a digital recording of every vehicle
sible to prevent escapes by monitoring
accepted my fate. If I could change it, I
tell yourself, “I’ll be strong! I’ll do whatever it
member in need of assistance.
in the lower body cavities. It uses sim-
I still long for freedom but have
played out in vivid detail inside my head. You
showing the exact location of the staff
• Under-vehicle surveillance system. An
penetrating radar (GPR) is able to locate
• Backscatter imaging system for con-
Youths in Adult Prisons
4
• Body-scanning screening system. This is
intriguing technological developments include:
human heartbeat.
CORRECTIONAL A
room. In an emergency, they can hit an
Compared with only a few years ago, using
“Self-reflection is the key to understand-
minds. But this is a form of detachment, an
ing yourself and that’s the first step to
escape from reality if you will.
rehabilitation. Self-reflection and examining
James A. Lee closed this 2008 letter he
myself! May all your frowns be found upside down.“
Source: Anonymous
institutions are found in Correctional Life features. From living under probation to doing time in a juvenile institution, each Correctional Life feature gives students an inside look at what life is really like inside. The settings examined include the historic Eastern State Penitentiary as well as today’s supermax prisons, while first-person perspectives are given by an inmate serving a life sentence as well as another on death row. Also featured are an average day in the life of a probation officer as well as the challenges faced by an inmate preparing his or her case for appeal.
Engaging Features With integrated learning objectives and a dynamic visual presentation, Corrections Today engages students from the first chapter to the last The influence of the prison environment is seen in that in more punitive environments, women prisoners are least likely to approach their confinement in an adopted, as opposed to an isolate, manner. Women prisoners are also far more outspoken about what they see as inhumane treatment, abuse from staff, and arbitrary restrictions. So, though women prisons are usually less vioMyth lent, involve less gang activity, and do not reflect the racial tensions found in men’s prisons, interpersonal relationships might be less stable and less familial Women form quasifamily structhan in the past. Inmates may be more prone to mistures in prison, with “mothers trust their friendships with other women prisoners and fathers,” “grandparents,” and and believe the primary motivation for interpersonal “aunts and uncles.“ 31 relationships involves economic manipulation. In an era of high security in prison, female inmates may be forming a society that is more like males’. In Voices Across the Profession, Candace Kruttschnitt develops her findings from this and her other studies on female prisoners’ response to confinement.
Provocative Myth/Fact boxes Fact In contemporary prisons, female inmates may be more prone to mistrust their friendships with other women prisoners and refrain from forming close relationships.
Special Issues in the Incarceration of Women
Colorful figures and
tables and an abundance of photos with captions help clarify topics and concepts.
One way of improving the prison experience is to provide educational opportunities. Here, Drew University student Chelsea Boska asks a question of one of the presenting groups, during a mixed class of college student s and prisoners at the Edna Mahan Correctional Facility for Women in Clinton, New Jersey. Kesha S. Moore, a sociology professo r at Drew University, teaches the class, where both the “insiders” and “outsiders” learn from each other.
CHAPTE R 9 THE PRISON E XPE RIE NCE : FE MALE S 207
individuals with an identified mental illness.20 In view of the fact that these offenders have a difficult time adjusting to jail and prison, imprisonment is frequently an inadequate placement, especially for those mentally ill offenders deemed not dangerous or likely to create societal problems. Furthermore, about twice as many HIV-risk offenders are under community supervision as are incarcerated at a given time.21 With high rates of injection drug use and prevalence of risky sexual behavior, it is not surprising that so many probationers are HIV positive.
Probationary sentences are granted by federal and state district court judges and state superior (felony) courts. In some states, juries may also recommend probation if the case meets legally regulated criteria (for instance, it falls within a certain class of offenses as determined by statute). Yet, even in those jurisdictions that permit juries to recommend probation, judges still have the final say in the matter at their discretion. In nonjury trials, probation is granted entirely by judicial mandate. Some states have created guidelines for granting probation in an attempt to shape judicial discretion.
Females 23%
Males 77%
African American 29%
Several chapters have a visual Timeline that covers the important events that shaped the history of corrections. Each Timeline gives a sense of the past, ties it into the present, and is suggestive of what might be found in the future. For example, one timeline gives the U.S. Supreme Court’s most important decisions of the past and present on the death penalty.
TIMELINE
White 56%
Legal Challenges to the Death Penalty
Race
Gender
Stanford v. Kentucky (1989)
Other infractions 3%
Imposition suspended 9%
Eighth Amendment does not probibit the death penalty for crimes committed at age 16 or 17. Pulley v. Harris (1984)
Sentence suspended 23%
Split sentence 10%
Direct imposition 58%
Status of probation
Misdemeanor 50%
Type of offense
FIGURE 4.3 Characteristics of Adults on Probation. Source: Lauren E. Glaze, Probation and Parole in the United States, 2007 (Washington, DC: U.S. Department of Justice, 2008).
No constitutional requirement for a proportionality review of sentences in comparable cases in a state.
Felony 47%
Penry v. Lynch (1989) Mental retardation is no bar to capital punishment.
McKleskey v. Kemp (1987)
Furman v. Georgia (1972)
Rejects racial injustice of the death penalty.
Overturns death penalty in Georgia.
Payne v. Tennessee (1991) Eighth Amendment does not prohibit admission of “victim impact” evidence.
>
Granting Probation
Other 2%
Hispanic/ Latino 13%
T majority of convicted sex ofThe ffenders d are placed l d on probation b ti and monitored in the community.
s
Sex offenders are almost always allways sentt tto prison where they are vici h th i timized by other inmates.
© Matt Rainey/Star Ledger/Corbi
An estimated 80,000 incarcerated he women, or about two-thirds of the iswomen incarcerated in U.S. state prisen ons and nearly 60 percent of women rconfined in federal prisons, are parer ents to nearly 320,000 children under se age 18.32 Furthermore, most of these rwomen were the heads of single pareent households prior to their confinen ment. 33 The separation of women prisoners from their children can bee traumatic for all.34 Prisons, and espe-e cially women’s prisons, generally are located in remote, rural areas. Overr time, family ties are broken. Yet pris-y oners’ family relationships are very important not only for mental health reasons but for postrelease success. See Figure 9.1 for predictors of children’s adjustment following parental incarceration and reunion. Children most frequently stay with maternal grandmothers, but other caretakers include the child’s father or other relatives.35 Imprisoned women express the most satisfaction when children are placed with their maternal grandmothers,
Fact
Myth
The problems posed by motherhood in prison, the quality and adequacy acy of prison health care, and the sexual victimization of women prisoners are three pressing issues in women prisons.
Motherhood in Prison
present popular myths (i.e., “prison rehabilitation efforts are a failure”) followed by a fact that has been supported by research in the field and are sure to generate lively discussion and debate in the classroom.
1970
1975
Gregg v. Georgia (1976) Declares death penalty in Georgia is constitutional.
1980
1985
1990
1995
Thompson v. Oklahoma (1988) Prohibits execution of juveniles under age 16. Ford v. Wainwright (1986) Prohibits the state from executing the insane.
5
Multimedia Resources Multimedia resources to enliven your course and advance student understanding ABC Videos: Corrections 978-0-495-00114-0 ABC videos feature short, high-interest clips from current news events as well as historic raw footage going back 40 years. Perfect for discussion starters or to enrich your lectures and spark interest in the material in the text, these brief videos provide students with a new lens through which to view the past and present, one that will greatly enhance their knowledge and understanding of significant events and open up to them new dimensions in learning. Clips are drawn from such programs as World News Tonight, Good Morning America, This Week, PrimeTime Live, 20/20, and Nightline, as well as numerous ABC News specials and material from the Associated Press Television News and British Movietone News collections.
Careers in Criminal Justice Website Printed Access Card: 978-0-495-59522-9 Designed to help students investigate and focus on the criminal justice career choices that are right for them, this site provides students with extensive career profiling information and self-assessment testing. With links and tools to assist students in finding a professional position, this website includes 20 new Career Profiles and two new video Interviews. The website also features a career rolodex, interest assessments, and a career planner with sample resumes, letter, interview questions, and more. View a demo at www.cengage.com/criminaljustice/careers. Ask your Cengage Learning representative about packaging access with this text.
Criminal Justice Media Library WebTutor™
WebTutor™
WebCT Printed Access Card: 978-0-495-81343-9 Blackboard® Printed Access Card: 978-0-495-81344-6
WebCT: 978-0-495-90486-1 Blackboard®: 978-0-495-90484-7
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Book Companion Website www.cengage.com/criminaljustice/siegel The book-specific website offers students a variety of study tools and useful resources such as quizzing, web links, Internet exercises, glossary, flashcards, and more. Website quizzes are linked to chapter learning objectives to maximize student mastery of key concepts.
CL-eBook 978-1-111-05993-4 CL-eBook allows students to access Cengage Learning textbooks in an easy-to-use online format. Highlight, take notes, bookmark, search your text, and, in some titles, link directly into multimedia: CL-eBook combines the best aspects of paper books and ebooks in one package.
6
Instructor & Student Resources Plan, teach, and assess with a complete suite of instructor resources Instructor approved! Instructor’s Manual with Test Bank
PowerLecture with JoinIn Student Response System and ExamView®
978-0-495-81255-5 By Sharon Tracy, Georgia Southern University and Megan Cole, Brown College. Also available on the PowerLecture DVD in electronic format, this valuable resource enables you to prepare for class more quickly and effectively with such resources as learning objectives, detailed chapter outlines, chapter objectives, key terms with definitions, discussion questions, and student activities for each textbook chapter. The Test Bank, with its approximately 60 questions per chapter, includes multiple-choice, true/false, fill-in-the-blank, and essay varieties—all correlated with each chapter’s learning objectives. Each question in the Test Bank has been carefully reviewed by experienced criminal justice instructors for quality, accuracy, and content coverage. Our “Instructor Approved” seal, which appears on the front cover, is our assurance that you are working with an assessment and grading resource of the highest caliber.
978-0-495-90482-3 This one-stop lecture and class preparation tool makes it easy for you to assemble, edit, publish, and present custom lectures for your course, using Microsoft® PowerPoint®. Based on the learning objectives outlined at the beginning of each chapter, the enhanced PowerLecture lets you bring together text-specific lecture outlines and art from this text, along with new ABC video clips, animations, and learning modules from the web or your own materials—culminating in a powerful, personalized, media-enhanced presentation. The PowerLecture DVD also includes video-based polling and quiz questions that can be used with the JoinIn on TurningPoint® personal response system and integrates ExamView® testing software for customizing tests of up to 250 items that can be delivered in print or online.
Instructor’s Manual
(with Test Bank)
SHARON TRACY MEGAN COLE
Annotated Instructor’s Edition 978-0-495-81257-9 With its page-by-page guidance for using the book effectively, this Annotated Instructor’s Edition is a resource that you will depend on for teaching tips, suggestions for class discussion, technology tips, and video tips. Highlighted in blue in the margins throughout this book, the tips are easy to spot. Each chapter features approximately two-dozen tips.
eBank Lesson Plans 978-0-495-81258-6 eLesson Plan brings accessible, masterful suggestions to every lesson. The plan includes a sample syllabus, learning objectives, lecture notes, discussion topics, in-class activities, and tips for classroom presentation of chapter material, a detailed lecture outline, and assignments for the new edition.
Distance Learning Instructor’s Resource Manual 978-0-495-80469-7 Your best guide for setting up a distance learning course in criminal justice, this manual features coverage of the pedagogy of distance education, tips and strategies for managing an online course, purposes/objectives, grading policy, how to post assignments, and much more.
Learning aids that expand student understanding Study Guide
Writing and Communicating for Criminal Justice
978-0-495-81254-8 By Suzanne Montiel, Nash Community College. Because students learn in different ways, this extensive Study Guide includes a variety of pedagogical aids to help them. Each chapter is outlined and summarized, major terms and figures are defined, and selftests are provided.
978-0-495-00041-9 Provide students with a basic introduction to academic, professional, and research writing in criminal justice. This text contains articles on writing skills, a basic grammar review, and a survey of verbal communication on the job that will benefit students in their professional careers.
Guide to Careers in Criminal Justice
Internet Activities for Criminal Justice
978-0-495-13038-3 By Caridad Sanchez-Leguelinel, John Jay College of Criminal Justice. This guide gives students information on a wide variety of career paths, including requirements, salaries, training, contact information for key agencies, and employment outlooks.
978-0-495-10442-1 In addition to providing a wide range of activities for any criminal justice class, this booklet familiarizes students with Internet resources useful both to students of and professionals in criminal justice. Internet Activities for Criminal Justice integrates Internet resources and addresses important topics such as criminal and police law, policing organizations, policing challenges, corrections systems, juvenile justice, criminal trials, and current issues in criminal justice.
Internet Guide for Criminal Justice 978-0-534-57263-1 This guide provides students with a wealth of criminal justice sites and Internet project ideas.
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property,” Galanter said in closing
against Simpson, two of them
arguments, suggesting that pros-
testifying that Simpson knew the
ecutors and police were out to get
men were armed and that he took
Simpson because of the infamy
part in threatening Fromong and
surrounding his acquittal a decade
Beardsley.
earlier in a sensational murder
Galanter told jurors that Simpson
not guilty of killing his wife Nicole
ON SEPTEMBER 13, 2007,
lacked criminal intent and was not
and her friend Ron Goldman.1
O. J. Simpson and five other men
aware that any of the men with
stormed into a room at the Palace
him were armed. “This was al-
13 hours of deliberations, the
Station Hotel and Casino to seize
ways about the recovery of stolen
jury convicted the 61-year-old
After a 13-day trial and
former football star on 9 of the
including game balls, photos, and
12 charges, including robbery,
plaques—from two collectors.
assault, and kidnapping with a
While Simpson believed that the
deadly weapon.2 On December 5,
material was rightfully his and
2008, Judge Jackie Glass sen-
had been stolen from him, the tac-
tenced Simpson to 33 years
tics he used to obtain them were
behind bars with eligibility for
criminal. His group was armed
parole after 9 years of the sen-
with guns and used threats of
tence has been served. Minutes
force to take sports memorabilia
before, Simpson had made a
from dealers Bruce Fromong and
rambling, five-minute plea for
Al Beardsley.
leniency, while apologizing for the
© Isaac Brekken-Pool/Getty Images
Simpson sports mementos—
Police were called to the hotel about 8 P.M., and shortly after midnight detectives visited Simpson at his hotel where he told them he was just trying to recover some stolen property. After their arrest,
2
trial during which he was found
At trial, defense attorney Yale
O. J. Simpson appears in court prior to sentencing at the Clark County Regional Justice Center, December 5, 2008, in Las Vegas, Nevada. Later that day, Simpson was sentenced to 33 years behind bars with eligibility for parole after about ten.
holdup as a foolish mistake and once again trying to justify his actions.3 Was his harsh punishment justified or was it legal vengeance for prior crimes that went unpunished? © Becky Stein
1
four of the co-defendants testified
the Coectional
System LEARNING OBJECTIV
ES
1. Understand the rea sons
2. Discuss the purpo se of
3. Explain the relation shi
why we punish
corrections
p between corrections and the crim inal justice system 4. Identify why retrib ution is so widely accepted in the Unite d States 5. Understand the ext ent and consequence s of prison overcrowdin g 6. Discuss the cost of corrections 7. Describe what it me ans to be a professional in correc tions
Whether dealing with minor or major offenses, it is the government’s responsibility, established by both law and practice, to protect us from evildoers and reduce their potential for social harm. A key part of this mission is to prevent those convicted of crime from repeating their criminal activities. To accomplish this goal, a correctional system has developed to confine, manage, and provide rehabilitative programs for those convicted of crime, all within a safe, secure, and humane environment. To carry out this task, the correctional system utilizes the services of trained professionals who are committed to public safety, the rehabilitation of inmates, and, after completion of their sentence, the reentry of offenders into society. This chapter focuses on an overview of the correctional system, critical issues of corrections, and the development of professionalism in the field of correctional service. In reaching these goals, we are guided by the following principles and concepts: • While it is functionally independent, the correctional system is also a subsystem of a broader criminal justice system. • Corrections also takes place in particular social contexts—environments and situations that influence people’s response to events. • All the participants in the correctional process are important—victims, reformers, individuals who work within the system as well as the offenders who are sentenced into the system. Developing an understanding of corrections is critical today because a variety of correctional themes are gripping the attention of students, the public, and policy makers. The public is appalled by stories of an innocent person forced to spend years behind bars, but they are equally enraged when they learn that a killer earned early release from prison only to kill again. The public seems to be caught up in the debate over punishment and corrections that also occupies the thoughts of correctional experts: Are criminals deserving of harsh treatment and deserve to be punished in painful ways for their misdeeds? Or are they society’s victims who can be successfully treated and rehabilitated? Should we “lock them up and throw away the key” or provide them with the means to reenter society and become productive citizens? What can we do about the skyrocketing costs of corrections, costs that are taking away from needed education and social programs? These issues and questions are all part of the study of our system of corrections, which was developed to ensure that people respond to society’s rules. In Voices Across the Profession, James H. Bruton articulates a voice of contemporary corrections with his message that we can make a difference in the lives of those with whom we work.
Why Do We Punish?
CORRECTIONS The institutions and methods that society uses to correct, control, and change the behavior of convicted offenders.
4 PA R T ONE W HY DO WE PU N I SH ?
Throughout history, the response of society to crime has had one common element: the punishment of the offender. Punishment has sometimes been administered with horrifying brutality, sometimes with indulgent leniency. The purpose of punishment—or what rulers, legislatures, and judges claimed was the purpose—has changed over time. Depending on the era and the culture, offenders when found guilty were hanged or decapitated, tortured, mutilated, incarcerated, ostracized, publicly humiliated, or otherwise restrained from the enjoyment of life and freedom. Neither punishment nor any other response has succeeded in ending crime. What are the justifications for punishment in contemporary society? What purpose is served when a fellow human being suffers punishment? After all, punishment involves applying pain, often long after the evil deed has been committed, that results in harm to another human being. While
administration of prisons, this conceptual philosophy is often misunderstood. The public often is confused and wants standards set both ways. For example, they may want the prison system to expand the punishment with substandard conditions and limited resources James H. Bruton, Corrections Professional James Bruton has worked in corrections for 35 years, including 14 in correctional facilities, and served as the
The most important message I can give to anyone working in the field of corrections is to have an internal belief that every day you have the opportunity to make a difference in people’s lives.
for the inmates, and then want the offender to be completely rehabilitated upon release. It quite simply cannot work like that. Keeping in mind that 95 percent of offenders sent to prison will at some point be released, we must find ways for the environment to be filled with incentive-based programming. We must find ways for each inmate to
warden at the Minnesota Correctional Facility, Oak
to have a dedicated and committed desire
get up every day and look forward to doing
Park Heights, from 1996
to look forward to going to work, keeping
something positive and productive. Good
to 2001. He has been the vice chairman
in mind the philosophical belief of making a
behavior will bring about rewards, and
of the state parole board, and worked for
difference. In conjunction with this mindset,
negative behavior will result in consequences.
9 years as both a juvenile and adult proba-
whether you are working in a correctional
This philosophy is effective and it does
tion and parole officer. Bruton has also been
facility or individually with a client, you must
work.”
the deputy commissioner of corrections in
find a way to create an environment condu-
charge of institutions. He is the author of The
cive to rehabilitation for those offenders who
in corrections is not to punish offenders—the
Big House: Life Inside a Supermax Security
want to make a change in their lives. Your
courts have already done that. Bruton sug-
Prison (Osceola, WI: Voyageur Press, 2004).
job, along with all of the inherent duties and
gests that we resolve to go to work each day
Here is what he has to say about the field of
responsibilities that come with it, is to provide
believing that offenders can change and that
corrections:
a catalyst for the change in people’s behavior
we can have an impact on their lives. Bruton
to take place.
is espousing the goal of reform, but, as docu-
© James H. Bruton
“The most important message I can give to anyone working in the field of correc-
“It is important to recognize that the
James Bruton is saying that the purpose
mented throughout this chapter, the goal of
tions is to have an internal belief that every
courts administer the punishment to the
repression has also been a constant theme of
day you have the opportunity to make a
client. It is not the job of the corrections
corrections.
difference in people’s lives. In order to be
official to extend the punishment beyond
successful in this difficult business, you have
the court’s disposition. With respect to the
Source: Interviewed in 2008.
bringing harm and pain to others is something that is adverse to the moral values of modern societies, criminal punishment is considered justified because it is applied by a duly authorized governmental body. Yet, how can a practice that results in the loss of personal liberty and freedom be justified in a nation such as ours? Punishment is considered justified in modern society for the following reasons: • Punishment provides beneficial consequences. Although it can be harsh and demeaning, punishment creates more benefit than harm. It is a cost-effective means to an end: protecting the public, reducing disorder, and reducing social harm. Some might argue that punishing people to improve society is too heavy a price to pay. For example, would it be just and fair to execute a mentally ill criminal even if his execution helped lower crime rates? Those who believe that punishment is justified by its consequences counter that it is aimed only at controlling harmful behavior. To paraphrase Mr. Spock (in Star Trek II: The Wrath of Khan), “The needs of the many outweigh the pain of the few.” C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 5
According to this view, even a morally unjust punishment— isolating and torturing terrorists in a harsh prison—would be justified if it could really produce the best consequences: deterring potential terrorists. Critics might retort that it is unlikely that people willing to apply immoral and draconian punishments such as torture could be trusted to do so in a just and fair manner.
© AP Photo/Peter Morgan
• Punishment is deserved. Punishment is thought to be justified because those who voluntarily break the law forfeit some of the rights that citizens can normally claim. Their wrongdoing justifies treatment that under other circumstances would be considsion ered coercive and/or a violation mis com the outrage over thod of expressing public sup ir of rights, such as imprisonthe and Criminal punishment is a me f dof d Ma of disgraced financier Bernar r afte k, Yor of a heinous crime. Victims New ment or confiscation of wealth. in 9, 200 29, rthouse complex on June e. Madoff’s em sch porters gather near the cou d frau According to this justification of e ssiv ma his 150 years in prison for erate a lot of gen Madoff was sentenced to to t cien suffi punishment, the guilty should on, billi s an estimated $65 ponzi scheme cost investor be punished according to what outrage! they deserve, no more and no less. This concept is referred to as just deserts. Because law violations involve taking an unfair advantage over those who obey the law, the purpose of punishment is to remove or neutralize any benefit gained through illegal activity. For example, a person who does not pay his proper share of taxes gains an unfair advantage over another who meets this civic burden. The tax cheat can use his excess wealth to invest and make even more money. Therefore, if his scheme is uncovered, it would be fair not only to demand the taxes he owes, but to penalize him further to recover his ill-gotten gains from having use of the funds denied to the upstanding taxpayer. • Punishment expresses public outrage. Criminal punishment is a method of expressing public outrage over the commission of a heinous crime. Because such wrongdoing provokes anger and sorrow, the public demands that the perpetrator suffer to “pay for their sins.” While a private citizen may seek revenge for the pain they feel, the public demands retribution for their grief by forcing those who caused it to suffer in turn. In this sense, punishment embodies and expresses the public’s moral indignation aroused by crime and the hatred they feel toward its perpetrator. State-sponsored punishment justifies their anger. Their desire for vengeance is not savage or primitive because the state agrees and supports their sense of outrage.
RETRIBUTION Something given or demanded as repayment for wrongdoing; “getting even” for violating the social contract on which the law is based.
6 PA R T ONE W HY DO WE PU N I SH ?
• Punishment teaches a lesson. By punishing wrongdoers, the state demonstrates its disapproval of their behavior and in so doing teaches them not to repeat their misdeeds. Just as a parent punishes a misbehaving child so she won’t repeat her behavior, so too does the government punish a citizen who violates its rules. The educative effect of punishment is not lost on the general population, which learns from the mistakes of others. Correction serves as a substitute for language, and its important message is that society condemns the behavior committed.
• Punishment helps maintain the government. A state cannot survive unless it maintains a set of rules that create, support, and protect its structure and process. As the government becomes more structured, these rules are formalized into laws designed to control behaviors that threaten state security and well-being. The law provides that people may be corrected or punished if they engage in socially proscribed wrongs—conduct that is condemned as wrong and threatens the social norm. Even if directed against an individual citizen, these wrongs are not private but public because they threaten the social fabric. Criminal law is designed to protect the whole community, and the defendant must answer not just to the individual victim, but to the whole polity through its criminal courts.
The purpose of correctional institutions and the correctional process that serves them has been to provide sufficient consequences to individuals convicted by the courts for violating the law so that the public will be protected, fear of crime will be reduced, and offenders will learn that crime does not pay. Over the centuries, these goals have taken on various meanings and emphasis. Consequently, the tactics used to achieve correctional goals have shifted from one generation to the next. Emile Durkheim (1858–1917), a French sociologist, stated that crime is functional for a society because it helps unite citizens against lawbreakers. He contended that people react to crime by increasing their social contacts and pulling together, thereby enhancing the solidarity of the community. “Crime is, then, necessary; it is bound up with the fundamental conditions of all social life,” Durkheim asserted, “and by that very fact is useful, because these conditions of which it is ora part are themselves indispensable to the norea mal evolution of morality and law.”4 The idea he that the disorder of crime is necessary for the ort smooth functioning of society has little support he today. In the 1970s, catchphrases such as “the me crime problem,” “law and order,” and “crime ’s in the streets” came to symbolize the public’s as fear of the disorder of crime.5 Fear of crime has al prompted the expansion of the correctional system. e The general public’s reaction to crime has a major influence on the types of punish-e able behavior and the punishments that are acceptable at a given time. Today, the public’ss reaction to crime, intensified by the fear off terrorist attacks, encourages a conservative,, hard-line approach to correction of criminals. This approach affects the number of offenders sent to correctional agencies and institutions and the duration and severity of their Although it can be harsh and punishments. Because we fear terrorism and demeaning, punishment ma y create more benefit than harm. In this care little about the welfare of terrorists, the 2008 image, U.S. military guards escort a detainee at the open-air com mon area at the U.S. naval use of torture and secret prisons has not military base in Guantanamo Bay, Cuba. Wh ile some view the treatme brought about significant public protest. In nt of suspected terrorists as overly harsh, others believe that this climate of fear, we should not expect a it may deter others from planning attacks and convince detainees to give great deal of public sympathy for those who up important intelligence. commit violent crimes even if they have no association with terrorist activities.
© AP Photo/Brennan Linsley
The Purpose of Corrections
C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 7
While the correctional system may be used for punishment, it is also a venue for treatment and rehabilitation. In the midst of the sanctions given offenders because they have harmed society, there are those individuals who work with offenders to help them to become productive, law-abiding citizens. It is important to examine their roles and how they do their jobs. There are, of course, sad stories of corruption, abuse, and incompetence, but there are also thrilling stories of those who do their jobs with integrity.
The Criminal Justice System and Corrections Corrections today is an important cog in the contemporary criminal justice system. These agencies, located at the federal, state, and local levels of government, serve as society’s instruments of social control. They are designed to regulate behaviors considered so dangerous that they cannot be tolerated within the confines of society. The justice system is therefore designed to maintain and control people considered so destructive that they must be monitored and/or confined. The agencies of justice—law enforcement, the courts, and corrections—control these outlawed behaviors by apprehending, adjudicating, and sanctioning lawbreakers. Society maintains other forms of informal social control, such as religious institutions, but these deal with moral—not legal—misbehavior. Only the criminal justice system maintains the power to control crime and punish behavior in its role as the operational arm of criminal law. Criminal justice agencies are political entities lodged within the legislative, judicial, and executive branches of the government. • The legislature creates law, defines its content, and establishes criminal penalties. The legislative branch of government also appropriates funds for criminal justice agencies, thereby shaping their structure and mission. • The judiciary interprets the existing law and determines whether it meets constitutional requirements. It provides oversight on criminal justice practices and has the power to insist that they meet legal obligations. The courts have the right to overturn or ban policies that are in conflict with constitutional rights. • The executive branch helps set justice policy and appoints key leaders within the justice system, such as the head of the prison system and judges.
Agencies of the Criminal Justice System Because of its varied and complex mission, the contemporary criminal justice system in the United States is monumental in size. It now costs federal, state, and local governments about $200 billion per year for civil and criminal justice, up more than 300 percent since 1982.6 One reason the justice system is so expensive to run is because it employs more than 2.4 million people. The nation has almost 18,000 law enforcement agencies, including: • 12,766 local police departments • 3,067 sheriff’s offices • 49 primary state law enforcement agencies • 1,481 special jurisdiction agencies • 513 other agencies, primarily county constable offices7 8 PA R T ONE W HY DO WE PU N I SH ?
These police and law enforcement agencies employ more than 1 million people—732,000 sworn personnel (defined in the census as those with general arrest powers) and the rest civilian employees. Of these, about 600,000 are employed at the local level, 330,000 by county sheriff’s offices, and more than 90,000 by state police.8 There are nearly 17,000 courts, more than 8,000 prosecutorial agencies employing more than 80,000 people, about 1,200 correctional institutions such as jails and prisons, and more than 3,500 probation and parole departments. The system is massive because it must process, treat, and care for millions of people. Although the crime rate has been in decline for most of the past decade, more than 14 million people are still being arrested each year, including more than 2 million for serious felony offenses.9 In addition, about 1.5 million juveniles are handled by the juvenile courts. State and federal courts convict a combined total of over 1 million adults on felony charges each year.10 More than 7 million people are under some form of correctional supervision, including 2.2 million men and women in the nation’s jails and prisons and an additional 5 million adult men and women being supervised in the community while on probation or parole (see Figure 1.1 and Exhibit 1.1). Though the crime rate has declined substantially, this correctional population continues to grow, and the number of people in the correctional system has trended upward (see Figure 1.2). How can this trend be explained? Though there is less crime, people are more likely to be convicted than in the past and, if sent to prison or jail, more likely to serve more of their sentence.
EXHIBIT 1.1
Elements of the Correctional System
Probation
Court-ordered community supervision of convicted offenders by a probation agency. Offenders on probation are required to obey specific rules of conduct while in the community.
Parole
Community supervision after a period of incarceration.
Jail
A county correctional facility that holds people pending trial, awaiting sentencing, serving a sentence that is usually less than one year, or awaiting transfer to other facilities after conviction.
Prison
A state or federal correctional facility that houses convicted criminals sentenced to a period of confinement that is typically more than one year.
Parole 798,202
Probation 4,237,023
Jail inmates 755,896
The Formal Criminal Justice Process Prison inmates 1,566,518
FIGURE 1.1 Number of Offenders Involved in the Main Components of the Correctional System. Sources: The midyear 2006 prison inmates and jail inmates statistics are found in the Bureau of Justice Statistics, Prison and Jail Inmates at Midyear 2006 (Washington, DC: U.S. Department of Justice, 2007), p. 1. The year-end 2006 probation and parole statistics are from the Bureau of Justice Statistics, Probation and Parole in the United States, 2006 (Washington, DC: U.S. Department of Justice, 2007), pp. 1–2.
>
Another way of understanding criminal justice is to view it as a process that takes an offender through a series of decision points beginning with arrest and concluding with reentry into society. During this process, key decision makers resolve whether to maintain the offender in the system or to discharge the suspect without further action. This decision making is often a matter of individual discretion, based on a variety of factors and perceptions. Legal factors, including the seriousness of the charges, available evidence, and the suspect’s prior record, are usually considered legitimate influences on decision making. Troubling is the fact that extralegal factors such as the suspect’s race, gender, class, and age may also influence decision outcomes. Critics believe a suspect’s race, class, and gender determine the direction a case will take, whereas supporters argue that the system is relatively fair and unbiased.11 Few cases are actually processed through the entire formal justice system. Most are handled informally and with dispatch. The system of justice has been roundly criticized for its “backroom deals” and bargain justice.
C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 9
FIGURE 1.2 Adult Correctional
Number of adults in the correctional population (millions)
Populations. Sources: Bureau of Justice Statistics
5
Correctional Surveys (“The Annual Probation Survey,” “National Prisoner Statistics,” “Survey of Jails,” and “The Annual Parole Survey”) as presented in Correctional Prisoners in Correctional Populations
4
Probation
in the United States, Prisoners in 2007, and Probation and Parole in the United States, 2007, U.S. Department of Justice, http://ojp.usdoj.gov/bjs/
3
prisons.htm (accessed May 15, 2009). >
2 Prison
Parole
1
Jail 0 1980
1985
1990
1995
2000
2005
2010
Although informality and deal making are in fact the rule, the concept of the formal justice process is important because it implies that every criminal defendant charged with a serious crime is entitled to a full range of rights under law. The fact that most criminal suspects are treated informally may be less important than the fact that all criminal defendants are entitled to the full EXHIBIT 1.2 The Criminal Justice Process range of legal rights and constitutional protections. About 30 percent of people arrested on The System: Agencies of The Process felony charges are eventually convicted in crimCrime Control inal court; however, almost one-third of those Police 1. Contact convicted on felony charges are sentenced to 2. Investigation probation and released back into the community 3. Arrest without doing time in prison.12 For every 1,000 4. Custody crimes, about 20 people are sent to prison. In actual practice, many suspects are released Prosecution and defense 5. Complaint/charging before trial because of a procedural error, evi6. Grand jury/preliminary hearing dence problems, or other reasons that result in a 7. Arraignment case dismissal by the prosecutor (nolle prosequi). 8. Bail/detention Though most cases that go to trial wind up in a 9. Plea negotiations conviction, others are dismissed by the presidCourts 10. Adjudication ing judge because of a witness or a complainant’s 11. Disposition failure to appear or procedural irregularities. So 12. Appeal/postconviction remedies the justice process can be viewed as a funnel that holds many cases at its mouth and relatively few Corrections 13. Correction at its end. Exhibit 1.2 shows the interrelationship 14. Release of the component agencies of the criminal justice 15. Postrelease system and the criminal justice process.
Corrections as a System
NOLLE PROSEQUI A formal entry in the record of the court indicating that the prosecutor does not intend to proceed any further in this case.
10 PA R T ONE W HY DO WE PU N I SH ?
One of the major challenges affecting the ability of corrections to function as a system is overload. This problem of system overload, which is described further in the next section of the chapter, makes the handling of caseloads and jail and prison populations difficult. With record numbers sentenced to probation and placed on parole, and with more than 2 million offenders in jail or in long-term institutions, the capacity of the system is stretched more than ever before. The ongoing stress of mammoth caseloads and institutional overcrowding affects nearly all correctional workers having direct contact with offenders. Problems arising from overcrowding
challenge correctional administrators attempting to provide humane confinement for prisoners. System overload places pressure on the system in other ways besides personnel fatigue, administrative frustration, and quality of life issues. Prison crowding leads to increased inmate defiance and makes prisons (especially maximum-security and supermax prisons) more dangerous places to work. Correctional officers commonly complain that it is difficult to get the control and respect they used Myth to have.
The Business of Corrections
Many rural communities see prison construction as an economic boon and fight to have state governments build institutions in their community. Prisons provide jobs and bolster the local economy. Prison construction is especially welcome during tough economic times.
© Ted Soqui/Corbis
The place of the prison in American society has shifted somewhat in recent years. Imprisonment has become big business, and the community reaction “not in my backyard” has been replaced with welcome mats, such as Canon City, Colorado, calling itself the “Corrections Capital of the World.” In Leavenworth, Kansas—a community that recently added a private facility to its
No one wants a prison in their backyard, and most areas fight prison construction tooth and nail in order to preserve their communities.
Fact
The inmate population continues to grow despite a decade-long crime drop in America. Here, inmates are seen in the reception housing area of the California State Prison in Los Angeles County. California prison officials, grappling with severe overcrowding, are considering moving more long-term inmates to the only state prison in Los Angeles County. There are now more than 170,000 prisoners within a prison system built for fewer than half that many inmates. Some California residents are worried that additional permanent inmates living in the area would mean their relatives would flock to the area, bringing gang members and a criminal element to the area, an unforeseen consequence of the growth in the prison population. C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 11
PRISON-INDUSTRIAL COMPLEX A term given to describe the multibillion-dollar prison building boom in which powerful corporate interest groups, local businesses, and politicians join together to profit from the burgeoning corrections industry.
EXHIBIT 1.3
already well-known corrections stockade—a billboard reads, “How about doin’ some TIME in Leavenworth?” A prison has become a quick way to fix the economic struggles of small counties. Towns that are economically strapped know that if they can induce jail and prison construction, they will receive jobs and attract other businesses such as fast food chains, department stores, and motels—all of which contribute to their tax base. As a result, they are more than willing to offer land, cash incentives, and cut-rate deals on utilities.13 Today, correctional systems are involved in prison-building booms. Prisons are developing economically profitable relationships among politicians, corporations, and the private sector, and even becoming a commodity on the stock market. This configuration is why the term prison-industrial complex is sometimes used to describe correctional systems in the United States (see Exhibit 1.3).
Prison-Industrial Complex
The concept of the prison-industrial complex is derived from the military-industrial complex, a term used by President Dwight D. Eisenhower to describe the “conjunction of an immense military establishment and a large arms industry.” Drawing attention to the corporate interests behind the Cold War arms buildup, Eisenhower called for an alert citizenry to prevent “unwarranted influence” over national policy. The term prison-industrial complex was first used by California Assemblyman Mike Davis to describe the multibillion-dollar prison-building boom in California that, he argued, “rivals agribusiness as the dominant force in the life of rural California and competes with land development as the chief seducer of legislators in Sacramento.” The concept helped to explain why California pursued a hugely expensive prisonbuilding binge through the 1990s, in spite of falling crime rates and relatively low unemployment rates. If prisons not only cost money, but also generate large revenues for powerful corporate interests as well as local businesses and real estate owners in the towns where prisons are situated, then the seemingly illogical willingness of state legislators to spend billions of dollars on a failing social policy is transformed into a rational—if immoral—economic policy. The prison-industrial complex concept captures two related processes in the emerging relationships among state criminal punishment agencies, corporations, politicians, and other economic interests. The first is the transformation of prisoners into profits that takes place in a number of ways. Construction companies, architects, and the suppliers of high-tech surveillance equipment and other materials earn profits when a new prison is built to create beds for the swelling ranks of men, women, and children sentenced to institutional care. The practice of the Bureau of Prisons and states to contract with private corporations, such as the Corrections Corporation of America, to build and operate prisons has generated a burgeoning industry. New prisons also create profits for the companies that underwrite the costs of construction, with companies such as Lehman Brothers turning prisons into a commodity on the stock market. Publicly 12 PA R T ONE W HY DO WE PU N I SH ?
owned and operated prisons also generate profits for catering companies, suppliers, and telephone companies that charge high rates for reverse charge calls. The second process is the cementing of the prison into local economics. For rural towns that have been devastated by economic restructuring, prisons have become a panacea for economic stagnation and population loss. In the context of farm bankruptcies and factory closures caused by the rise of corporate agribusiness and the influx of foreign produce, the construction and job contracts offered by new public or private prisons have pitted small towns against one another in a bid to offer the most attractive package of cheap land, tax breaks, and other incentives. Politicians and business elites in rural towns have promoted a policy of “prison construction as economic development,” touting prisons as a recession-proof and nonpolluting industry. It can be argued that this prison-industrial complex is the main engine driving the nation’s prison-building boom. In view of the numbers of companies and communities profiting from the burgeoning corrections industry, it will not be easy to dismantle it. However, there has emerged in recent years a number of grassroots international movements focusing on ending the prison-building boom and on rebuilding communities devastated by three decades of gettough sentencing policies. Resistance to the prison-industrial complex has become the central organizing principle of these movements, which include Critical Resistance, with nine chapters throughout the United States; Families Against Mandatory Minimums; Justice Now; Schools not Jails; the Prison Moratorium Project; Justice Action and Critical Resistance in Australia; and Women 4 Justice and Joint Effort in Canada. Sources: Julia Sudbury, “A World Without Prisons: Resisting Militarism, Globalized Punishment, and Empire,” Social Justice 27 (1 and 2, 2004): 9–30; Dwight D. Eisenhower, “Military-Industrial Complex Speech,” Public Papers of the Presidents, Dwight D. Eisenhower, 1960, pp. 1035–1040; and Julia Sudbury, “Critical Resistance 10: Strategies and Struggle to Abolish the Prison Industrial Complex,” paper presented to a conference on Police State and Prisons, Oakland, CA, September 28, 2008.
Social, Political, and Legal Influences on Correctional Issues Corrections is interwoven in the social, political, and legal fabric of a society. What the public and policy makers want has a fundamental influence on the philosophy of punishment, the mission of corrections, and correctional programs. In fact, the prison, as Exhibit 1.3 indicates, is very much related to the economics of a community, which sometimes depends on the prison for its economic survival. In his classic study, Gresham Sykes points out how the external social environment influences what goes on within prison walls: The prison is not an autonomous system of power, rather, it is an instrument of the state, shaped by its social environment, and we must keep this simple truth in mind if we are to understand the prison. It reacts to and is acted upon by the free community as various groups struggle to advance their interests. At certain times, as in the case of riots, the inmates can capture the attention of the public . . . At other times, the flow of communication is reversed and the prison authorities find themselves receiving demands raised by a variety of businesses, political, religious, ethnic, and welfare interest groups.14
Law further defines what takes place in corrections. It is in the legal framework that individuals are arrested, tried and sentenced, and sent to community-based or correctional institutions. Sanctions can range from a fine to the death penalty. Sentencing structures have changed, with the result that offenders receive longer sentences for the same crimes that received shorter sentences in the past, and often they must serve a longer portion of those sentences. Inmates in all correctional sanctions, including probation, parole, and correctional facilities, are granted constitutional rights which if violated can result in their gaining relief from federal or state courts. The three most pressing correctional issues in the early years of the twenty-first century are the continuation of a retributive mood toward criminals that characterized the final three decades of the twentieth century, the prison population explosion and overcrowding, and the overall cost of corrections. These three issues affect corrections in nearly everything that takes place in both community and institutional contexts.
Retribution toward Criminals During the past 30 years, legislatures have become increasingly responsible for setting crime and punishment agendas that increasingly are based on the philosophy of retributive justice.15 The punitive turn in American criminal justice policy has also been well documented and exemplified by the exploding rates of incarceration, in the renewal and accelerated use of executions, in the proliferation of such mandatory sentencing laws as “three strikes,” in the use of juvenile waivers to adult court, in the war against crack cocaine, and in a variety of other attempts to punish criminals more severely.16 The result is that the expression of retribution has been directed toward certain groups, especially young minority males, which has led to their becoming marginalized and excluded. It is this type of marginality that has contributed to one out of three African American males in their 20s being caught up in some part of the correctional system. It could be argued that prisoners are the only group in society it is acceptable to hate.17 Resentment is often also expressed toward immigrants, welfare recipients, and the beneficiaries of affirmative action.18 Political theorist David Garland has documented the dramatic turnaround in the early 1970s, which involved an accelerating movement C HA P T E R 1 T HE CO R R E CT I ONAL S YS TEM 13
away from the assumptions that had shaped corrections and crime control for most of the twentieth century. For those who worked in corrections, the world was turned upside down. They saw objectives and priorities being reformulated and standard working practices being altered. New ways of thinking and acting on crime rapidly emerged that required a different way of viewing their jobs. From a previous emphasis on the rehabilitative ideal—what Garland calls “penal welfarism”—a get-tough mood began to characterize everything that took place in corrections. Many correctional facilities staff experienced a sense of crisis or even of anomie.19 Offenders had an even greater adjustment to make in the final decades of the twentieth century. They were arrested more frequently, especially for drug offenses, convicted by punitive sentencing matrixes, and incarcerated for longer periods of time. They also found that overcrowded and violent prisons, which now had racial tensions and warring gangs, made doing time more dangerous than in the past. In the 1990s, draconian sentencing structures in many states required them to serve 85 percent of their time before they could be released. Additionally, they were more likely to be executed. Inmates further began to lose privileges and programs that had helped them survive prison life. In some states the parole board was eliminated. Many inmates were glad to deal less with parole boards than in the past, but they were doing more time and it was harder to get released from prison. Public sentiment reduced the legal rights that ex-offenders had upon release, it became harder to get jobs, and the barriers they faced increased the likelihood that they would be returned to prison for technical violations of parole or for criminal activity. It is not surprising that this spirit of retribution has at times contributed to violating some offenders in ways that should result in the discipline or even termination of these inappropriate staff members. In the Correctional Life feature, one ex-offender describes how he feels he was inappropriately handled. Policy makers were caught up in this get-tough mood. It became increasingly apparent to them that public sentiment wanted retribution toward crime. If they intended to be elected or reelected to office, a get-tough posture to crime was necessary. It was assumed that they could not oppose measures having to do with the death penalty. They felt it was necessary to pass tougher and tougher sentencing laws. When it became apparent that this public retribution mood was resulting in skyrocketing prison populations, they then had to approve the construction of new prisons. Policy makers quickly found that this met with public approval, especially in those economically depressed communities where so many of the new prisons were built. Even with the rising costs of corrections, especially coming from the construction and operation of new prisons and the strain these costs placed on state and local budgets, it was necessary to continue approving these costs even if other services had to be cut. With the sentiment of the public to spur them on, policy makers took public vengefulness toward crime to new levels. They decided that too many frills existed in prison and that prison life needed to become more painful. “Let us make prisoners suffer in prison” soon became the mantra of policy makers across the nation.
Prison Overcrowding
MASS INCARCERATION A term given for the high rates of incarceration in the United States.
14 PA R T ONE W HY DO WE PU N I SH ?
The past four decades can be defined as a period of mass incarceration. The most dominant feature of this mass incarceration is the sheer size of the prison and jail populations. There are 2.2 million men and women who are serving time in jails and prisons in the United States. What this means is that nearly one in every fifty people in the United States, excluding the elderly and juveniles, are in prison. The U.S. prison population has increased nearly five-fold since 1980 (see Figure 1.2). Significantly, a
CORRECTIONAL A
FE LLIFE
Tim: An Ex-Offender Speaks Out One time I was placed in
didn’t leave bruises or anything. In the morn-
administrative segregation. And if this wasn’t
ing, one of the shift supervisors got me out
enough, I was taken to a special needs, or
jail and was still a little intoxicated. You never
of there and cleaned me up. I thought this
mental health, ward. In prison, if you have
want to cause problems in jail in the middle
was extreme punishment for lipping off a bit.
a mental health disorder, you are called a
Then there was the experience I had with
“bug.” You are not down there with the
of the night. I said something to one of them, and they took me in a side room. They
this civilian who worked in the prison. She
status of child molesters, but you don’t have
beat me until I s— on myself. Then they took
did not like me. One day, while I was work-
much higher status. This was the special sec-
me into a tiny cell, hog-tied me, and gave me
ing the chow line, she humiliated me in front
tion of the correctional facility where I would
mace, probably two inches from my face.
of other inmates. She tried to make me look
spend the rest of my time. The warden came
I was not giving up, and I told them that they
like an idiot. I simply turned to her and said,
and talked with me and told me that he was
were punks and coward. They gave me mace
“You can’t tell me s—.” She went into the
making an example of me.
a couple more times. I laid in there all night
office and called the goon squad. I did about
long. They knew what they were doing and
ten days in the “hole” as punishment, or
Source: Interviewed in 2009.
larger proportion of the U.S. adult population is in prison than anywhere else in the world. Myth With 5 percent of the world’s population, the United States has nearly a quarter of its prisThe United States, an enlightened oners. The U.S. incarceration rate of more than democratic nation, incarcerates 724 per 100,000 is five to twelve times the rate people far less often than dictator20 of Western European countries and Japan. ships and failed states. Since 1995 there has been nearly a 40 percent increase in the inmate population with a 33 percent increase in male prisoners and a 51 percent increase in female prisoners.21 A closer examination of prison overcrowding reveals that the rate varies significantly from one region to another and from one state to another. The South has the highest rate of imprisonment, followed by the West, Northeast, and Midwest.22 The Federal Bureau of Prisons has the largest number of inmates, followed closely by California and Texas; these three jurisdictions have nearly 34 percent of the U.S. prison population. See Table 1.1 for the number of state and federal prisoners in the seven largest jurisdictions as of December 2006.
Fact The United States leads the world in the use of incarceration. A larger percentage of the U.S. population is in prison than any other nation. We are far more likely to put people behind bars than most industrial nations.
CONSEQUENCES OF PRISON OVERCROWDING. One consequence of prison overcrowding is that the fundamental expectations and ideals of the system fall more and more by the wayside. Under the stress of overcrowding, the practical problem of finding room for prisoners within existing facilities has become critical. Two or more prisoners must be crammed into cells designed for single occupancy. Double bunks are routinely installed in dormitories so that 100 prisoners can be accommodated in space intended for 50. In some cases, day rooms and industrial facilities are vacated to convert those floors into dormitories. Even then, some prisoners may find themselves sleeping on mattresses spread out in corridors. The problems posed by crowded prisons include the difficulty of controlling large inmate populations, feelings of anxiety and stress among inmates, and increased levels of stress among all who work within the C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 15
walls. When the prison population increases, correctional officers are required to keep track of too many inmates, have inadequate space to Number of Prisoners Percent Change separate troublemakers, and deal 12/31/06 2005–2006 with unending daily problems. A Federal Bureau of Prisons 193,046 2.9 crowded prison tends to be a violent California 175,512 2.8 prison, which means that both inmates and staff are more likely to be Texas 172,116 1.8 injured or killed. In crowded prisons, Florida 92,969 3.6 correctional officers may be unwillNew York 63,315 0.9 ing to permit inmates to participate in programs when they are having Georgia 52,792 8.3 difficulty with basic security duties. Michigan 51,577 4.1 Moreover, individuals who live or work in a crowded prison experience Source: William J. Sabol, Prisoners in 2006 (Washington, DC: U.S. Department of Justice, 2007), p. 2. high levels of psychological stress and physical illnesses.23 The federal courts have intervened to mandate strict population ceilings for individual prisons and, in some cases, for entire state systems. Ironically, efforts to reduce prison crowding have led to the overcrowding of county jails, where convicted felons wait for vacant cells in a state prison. TABLE 1.1 Seven Largest Jurisdictions of Prisoners under the Jurisdiction of State or Federal Correctional Authorities
HOW CAN OVERCROWDING BE EXPLAINED? A number of explanations have been offered for prison overcrowding at a time of declining crime rates:
• Anxieties relating to crime and violence creating harsher sentences, with a greater percentage of the sentence served behind bars • The demand for public protection • The notion that concern for victims excludes concern for offenders • Political populism married to a distrust of the criminal justice system • The discrediting of social solutions to the problem of order • A stern disregard for the plight of the undeserving poor24 FUTURE TRENDS OF PRISON OVERCROWDING. Despite such ominous signs, the nation’s prison population may be “maxing out.” Budget cutbacks and belt tightening may halt the expansion of prison construction and the housing of ever more inmates in already crowded prison facilities. Although new modular construction techniques and double- and triplebunking of prisoners make existing prisons expandable, the secure population probably cannot expand endlessly. As costs skyrocket, some states are now spending more on prisons than on higher education. The public may begin to question the wisdom of a strict incarceration policy. There may also be fewer criminals to incarcerate. The waning of the crack cocaine epidemic in large cities may hasten this decline, because street crimes will decline and fewer offenders will be eligible for the long penalties associated with the possession of crack.25 In the final analysis, changes in the correctional population may depend on the faith judges and legislators place in incarceration as a crime control policy. As long as policy makers believe that incarcerating predatory criminals can bring down crime rates, the likelihood of a significant decrease in the institutional population seems remote. If there is little evidence that this costly system does lower crime rates, less costly and equally effective alternatives may be sought.
16 PA R T ONE W HY DO WE PU N I SH ?
In addition to personnel, there are also capital costs. State jurisdictions are conducting a massive correctional building campaign, adding tens of thousands of prison cells. It costs about $70,000 to build a prison cell, and about $22,000 per year is needed to keep an inmate in prison; juvenile institutions cost about $30,000 per year per resident. The expansion of this mass confinement has been a costly drain on government budgets. We now spend more than $160 billion each year on the criminal justice system, an increase of 165 percent in constant tax dollars since the early 1970s. The criminal justice system now accounts for 7 percent of all state and local government spending, which roughly equals to what was previously spent on health care and hospitals. Spending on corrections has grown more than all other items in state budgets except health care.26 See Figure 1.3 for the direct expenditure by criminal justice agencies and how this cost has risen in the past two decades. The building boom of new prisons has contributed a major part of corrections costs. More than half of prisons today are less than 20 years old. A major advantage of prison construction across the nation is that the new facilities permit the tearing down or closing of many of the old, dungeonlike prisons. Some of the new correctional facilities do not look like prisons (several pictures can be found throughout this text), and they clearly provide more humane settings for prisoners to do time than the archaic facilities they so frequently replaced. An example of the building boom can be illustrated by the state of Colorado. It has built 16 new prisons since 1990, including 4 private prisons. Colorado corrections officials are estimating that it will be necessary to build a new 800-bed prison each year into the indefinite future in order to warehouse new prisoners. It costs Colorado taxpayers about $28,000 a ut year per female prisoner and about n$26,000 per male prisoner. In conistrast to the rapid expansion of prisons, higher education has been on a estarvation diet since 1992. An indeapendent study revealed that Colorald do’s colleges and universities would need more than $830 million just to meet the average funding levels of peer institutions in other states.27 Another equally serious cost st is what this mass confinement hass n done to urban neighborhoods in the United States. Most immedi-ate is the effect on the families off prisoners. There are now aboutt 1.5 million children who have a par-n ent in prison. For African American children, one of every fourteen has There are many hidden cos a parent behind bars on any given ts of the correctional system . Here is a photo of the fortress-like San Quentin pris day. For these children, shame, on in San Quentin, Califor nia, taken on May 20, 2009. San Quentin, with 5,300 inmate stigma, and loss of financial and s, is located in upscale Ma rin County not too far from San Fran cisco. Rather than being tuc psychological support are profound ked away in the woods, it sits on some of the most prized waterfront land aspects of their life experience. in the country. Facing billion dollar budget deficits, eve few years someone propos ry es shutting down the prison According to Marc Mauer, and selling off the land at market rate. Some Califor nians, including Governor the effect on these communities Arnold Schwarzenegger, sug that it be torn down and sold gest to developers. It would be is compounded by the fact that more valuable as a condo complex than as a prison. imprisonment has become a commonplace experience of growing
© AP Photo/Eric Risberg
The Cost of Corrections
C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 17
up as an African American male in the United States. Government figures show that an African American male $100 420% born today has a one in three chance of spending at least a year in prison at some point in his life. While children $80 Police in well-off communities grow up with the expectations that they will go to 660% college, many in low-income commu$60 nities grow up with the prospect of Corrections doing time in prison.28 503% Todd R. Clear, challenging the $40 Judicial premise that removing offenders serves to strengthen a community, states that the communities where $20 these offenders live are particularly hard hit. 29 He says, “Imagine, for a moment, living in an area where one $0 in eight parent-aged males is removed 1985 1990 1995 2000 2005 2010 for confinement each year, and one in FIGURE 1.3 Direct Expenditure by Criminal Justice Function. Source: Bureau of four is locked up at any given time. It Justice Statistics, Justice Expenditure and Employment Statistics in the U.S., 2006 (Washington, DC: is not difficult to see that this social U.S. Department of Justice, 2007). process, over time, would be one of the truly important aspects of community life.”30 Brooklyn has 35 “million dollar blocks” where so many residents have been incarcerated in state prisons at an average cost of about $30,000 each that the total cost of their confinement will exceed $1 million. The expense for one Brooklyn block will be more than $5 million.31 >
Billions
The Corrections Professional
PROFESSIONALISM The conduct, aims, or qualities that characterize or make a profession or a professional person.
18 PA R T ONE W HY DO WE PU N I SH ?
For those who have been in a maximum-security prison or a supermax prison, with their tall walls or razor-wire fences, tiny cells, foreboding segregation units, and ever-present dangers, concepts such as valued career or professionalism may seem totally foreign, unrealistic, and idealistic. Certainly, corrections is not an easy job. Corrections is a complex field riddled with critical issues and deeply disturbing realities, focused on human tragedy and failure. It is a field so shaped by its social context that political and economic realities at times make it seem impossible either to maintain or to change. One of the themes of this text is that individuals can feel good about working in this field in spite of its challenges and obstacles. There are opportunities to make a positive difference in people’s lives and in correctional institutions at different levels of the system, in ways ranging from common decency and kindness to penal reform. At the same time, you can be well paid and receive excellent benefits. Norman C. Carlson, former director of the Federal Bureau of Prisons from 1970 to 1987, was an individual who did as much as anyone to introduce professionalism into correctional service. Carlson’s vision of corrections as a profession was one of the earliest themes he articulated once he became director. At that time, corrections was considered anything but a profession. In state departments of corrections, horror stories were commonplace—the inmate trusties in Arkansas who carried weapons and brutalized inmates, the backbreaking work of stoop, or field, labor in the fields of Texas, and the staff brutality that was an ever-present feature in American corrections. Even in the federal system, there were incidents of staff brutality, and Carlson wanted the bureau’s staff to know what would be tolerated and what would not be tolerated.
c a r e e r s
c o r r e c t i o n s
It was not long before signs of in professionalism began to appear in state correctional systems. State correctional training academies Throughout this book, we highlight a number of careers in corrections. These were established across the nation. careers are director of corrections, forensic psychologist, probation officer, Accreditation, spearheaded by the substance abuse counselor, jailor, warden, correctional officer, correctional American Correctional Association, counselor, corrections ombudsman, recreational therapist, parole officer, corwas developed and spread throughrectional supervisor, chaplain, social worker, and investigator. For each career, out community-based agencies and we discuss the nature of the job, qualifications and required education, job correctional institutions. Affirmaoutlook, and earnings and benefits. tive action policies were developed In addition to these careers, it is possible to obtain employment in correcand implemented throughout corrections in a number of other jobs, including accountant, office manager, secretary, tions. The abuse of inmates began to business manager, building-grounds maintenance staff, dental hygienist, denbe replaced by the belief that inmates tist, food service worker, registered nurse, physician, storekeeper, programmer/ were to be treated with dignity and analyst, boiler operator, and treatment plant operator. respect. Some states moved more quickly than others, but this spirit of professionalism is now found throughout the nation. The characteristics and attitudes of what it means to be a corrections professional can be summarized as follows: • To see yourself as a person of integrity and to live at integrity level. A definition of integrity is to do the right thing even when no one else is around. • To treat offenders with dignity and respect. As one corrections professional puts it, treat inmates as you would want your father or brother to be treated in a correctional setting.32 • To model positive behaviors. One way this can be done is to adhere to the ethical principles set forth by the American Correctional Association.33 • To be a person committed to a learning model and to be open to new ways of doing things. Such a person seeks to learn throughout his or her career and is always willing to pursue all the training opportunities available. • To believe that it is possible to make a difference. Believe that you can have an impact and are not limited by what others have done. • To keep your personal stuff from getting in the way. Do not permit your personal problems or issues keep you from doing an effective job.34 • To refuse to accept unethical behavior from fellow staff members. • To stay positive and do what is possible to create a workplace that is safe, healthy, and free of harassment in any form.35
Summary 1. The justifications for punishment are that it provides beneficial consequences, it is deserved, it expresses public outrage, it teaches a lesson, and it helps maintain the government.
5. One of the major issues in corrections today is prison overcrowding. There are currently more than 2.2 million inmates in U.S. prisons and jails.
2. The purpose of corrections is to provide sufficient consequences to individuals convicted by the courts so that the public will be protected, crime will be reduced, and offenders will learn that crime does not pay.
6. The increased costs of corrections are staggering and have outpaced the cost of education, health care, and natural resources.
3. Corrections in the United States has developed as part of the larger criminal justice system, of which the police, the court system, and corrections are the three components or subsystems.
7. A major theme of this text is that one can feel positive about what he or she is accomplishing in working in a correctional position. As part of feeling positive, a correctional professional has certain values, treats inmates and offenders with dignity and respect, and believes that it is possible to make a difference.
4. In recent years, the popularity of retribution rests in the desire to get even with those who do social harm. One way to do this is to increase the consequences of criminal behavior. C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 19
Key Terms corrections, 4
nolle prosequi, 10
mass incarceration, 14
retribution, 6
prison-industrial complex, 12
professionalism, 18
Critical Thinking Questions 1. Which of the reasons why we punish has the greatest influence on the public and its policy makers today? 2. Do you think retribution will continue to be as popular as it has been in recent years? Will the costs of corrections affect this desire to incarcerate so many, for so long, and in long-term institutions?
4. In Voices Across the Profession, Jim Bruton, who has been a correctional professional throughout his career, claims that we can make a difference. Do you agree that it is possible to make a difference in corrections?
3. With the rise of professionalism in corrections, what can be done about those who continue to demonstrate a retributive spirit and express brutality toward inmates?
Thinking Like a Corrections Professional The governor has appointed you chairman of a task force to bring reform to your state’s correctional efforts. She is particularly concerned that you find ways to reduce prison population, without compromising
public safety. Whom will you appoint to your committee? What is your strategy for developing this plan of reform? What is your plan to disseminate the results of your report?
Career Destinations If you want to follow in the footsteps of the former director of the Federal Bureau of Prisons, go to: www.bop.gov/jobs/ Most state departments of correctional services post job listings. Here is New York State’s: www.docs.state.ny.us/jobs/jobs.html
And Minnesota’s: www.doc.state.mn.us/employment/
Notes 1. “O. J. Simpson Trial Nears Conclusion in Las Vegas,” Reuters, October 3, 2008. 2. “O. J. Simpson to Serve at Least Nine Years in Prison,” CNN.com, December 5, 2008. 3. “O. J. Simpson Sentenced to Long Prison Term,” Associated Press, December 5, 2008. 4. Emile Durkheim, The Rules of Sociological Method, trans. Sarah A. Solovay and John H. Mueller, ed. George E. G. Catlin (New York: Free Press, 1938), pp. 67–69; originally published as Regles de la Methode Sociologique (1895). 5. These phrases captured the attention of both the public and policy makers. 6. Brian A. Reaves, Census of State and Local Law Enforcement Agencies 2004 (Washington, DC: Bureau of Justice Statistics, 2007).
20 PA R T ONE W HY DO WE PU N I SH ?
7. Federal Bureau of Investigation, Crime in the United States, 2005 (Washington, DC: Government Printing Office, 2006), Table 29. 8. Matthew R. Durose and Patrick A. Langan, Felony Sentences in State Courts, 2002 (Washington, DC: Bureau of Justice Statistics, 2004). 9. Federal Bureau of Investigation, Crime in the United States, 2005. 10. Durose and Langan, Felony Sentences in State Courts, 2002. 11. For an analysis of this issue, see William Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/ Cole, 1987); Stephen Klein, Joan Petersilia, and Susan Turner, “Race and Imprisonment Decisions in California,” Science 247 (1990): 812–816; Alfred Blumstein, “On the Racial Disproportionality of the United States
Prison Population,” Journal of Criminal Law and Criminology 73 (1982): 1259–1281; Darnell Hawkins, “Race, Crime Type, and Imprisonment,” Justice Quarterly 3 (1986): 251–269. 12. Durose and Langan, Felony Sentences in State Courts, 2002. 13. Michael Welch, “Force and Fraud: A Radically Coherent Criticism of Corrections as Industry,” Contemporary Justice Review 6 (2003): 234. 14. Gresham Sykes, The Society of Captives (Princeton, NJ: Princeton University Press, 1958), p. 7. 15. For the development of this movement of retribution, see David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001), Ch. 3.
16. Michael. J. Hogan, Ted Chiricos, and Marc Gertz, “Economic Insecurity, Blame, and Punitive Attitudes,” Justice Quarterly 22 (2005): 393. For other documentation of the punitive turn in American criminal justice policy, see Katherine Beckett and Theodore Sasson, The Politics of Injustice (Thousand Oaks, CA: Pine Forge Press, 2000); J. Q. Whitman, Harsh Justice (New York: Oxford University Press, 2003); J. Irwin and J. Austin, It’s About Time: American Imprisonment Binge (Belmont, CA: Wadsworth, 2000). 17. Marie Gottschalk, The Prison and the Gallows: The Politics of Mass Incarceration in America (England: Cambridge University Press, 2006), p. 26. 18. Hogan, Chiricos, and Gertz, “Economic Insecurity, Blame, and Punitive Attitudes,” pp. 392–412. 19. David Garland, “Epilogue,” Punishment and Society 3 (2001): 197. 20. Gottschalk, The Prison and the Gallows, p. 1.
21. Prison and Jail Inmates at Midyear 2006 (Washington, DC: Bureau of Justice Statistics, 2007), p. 1. 22. Ibid. 23. For a review of these findings on the adverse effects of prison crowding, see Benjamin Steiner and John Wooldredge, “Comparing State- versus Facility-Level Effects on Crowding in U.S. Correctional Facilities,” Crime and Delinquency 54 (April 2008): 259–290. 24. Garland, “Epilogue.” 25. Andrew Lang Bolub, Farrukh Hakeem, and Bruce Johnson, Monitoring the Decline in the Crack Epidemic with Data from the Drug Use Forecasting Program, Final Report (Washington, DC: National Institute of Justice, 1996). 26. Gottschalk, The Prison and the Gallows, p. 20. 27. “Denver and the West,” Denver Post, November 20, 2006, p. B-07. 28. Marc Mauer, “Don’t Throw Away the Key: Lessons from the ‘Get Tough on Crime’
Initiates,” Resist Newsletter (March–April 2006). 29. Todd R. Clear, “The Problem with ‘Addiction by Subtraction’: The Prison-Crime Relationship in Low-Income Communities,” in Invisible Punishment: The Collateral Consequences of Mass Imprisonment, ed. Marc Mauer and Meda Chesney-Lind (New York: W. W. Norton, 2002), p. 184. 30. Ibid. 31. Gottschalk, The Prison and the Gallows, p. 20. 32. Clemens Bartollas, Becoming a Model Warden: Striving for Excellence (Landham, MD: American Correctional Association, 2004), p. 26. 33. The Code of Ethics for the American Correctional Association can be found online at www.aca.org/pastpresentfuture/ ethics.asp (accessed June 4, 2009). 34. Bartollas, Becoming a Model Warden, p. 83. 35. Code of Ethics for the American Correctional Association.
C HA P T E R 1 T HE C O R R E C T I O NAL S YS TEM 21
ON JANUARY 7, 2008,
April 2007, Purnell Peace, Phillips,
dogfighting operation with two
and Vick “executed approximately
other defendants, Quanis Phillips
eight dogs that did not perform
and Tony Taylor. The indictment
well in testing sessions by vari-
goes on to say that this property
ous methods, including hang-
was used as the main staging
ing, drowning, and/or slamming
area for housing and training the
at least one dog’s body to the
pit bulls involved in the dogfight-
ground.”3 On February 8, 2008, a
ing and housing dogfights.2 The
federal judge ruled that Vick could
indictment also states that in
keep all but $3.75 million of the
Michael Vick left Richmond to
nearly $20 million in bonus money
enter a drug treatment program
he received from the Atlanta
at the federal minimum security
Falcons.4 On November 26, 2008, Vick
unit at Leavenworth, Kansas, a
pleaded guilty to a state dogfight-
National Football League star’s
ing charge and received a three-
23-month sentence on a federal
year suspended prison sentence
dogfighting conviction. Vick
and a $2,500 fine on a charge of
© Haraz N. Ghanbari/AFP/Getty Images
move that could reduce the former
tested positive for marijuana in September 2007 while he was on supervised release following his guilty plea for dogfighting.1 A federal grand jury in Richmond on July 18, 2007 indicted Michael Vick and three other men on charges related to their alleged operation of a dogfighting ring based at a property that Vick owns in southeastern Virginia. According to the indictment, Vick decided in his
22
Escorted by U.S. Marshals, Atlanta Falcons’ quarterback Michael Vick leaves the federal courthouse following his arraignment, July 26, 2007, in Richmond, Virginia. Vick and three associates were convicted on charges related to their role in an interstate dogfighting ring. Should someone like Vick be imprisoned for his crimes or might another correctional method be more appropriate? After all, he is not a danger to society and is unlikely to ever engage in animal cruelty again. What is the purpose of locking him in prison? Or do you believe incarceration in his case serves the needs of justice?
attending, sponsoring, and participating in dogfights. He also received four years of probation, and the fine will be dismissed if Vick pays court costs and keeps his probation terms.5 Vick was released from Leavenworth Penitentiary on May 21, 2009, and arrived home in Hampton, Virginia, that same day. Vick was released from home confinement in July of 2009 and signed a contract to play for the Philadelphia Eagles.6
© Scott Houston/Corbis
2
rookie season of 2001 to start a
FrOm VENGEANCE to ReForm A HIstOrICal PErsPECTIVE
LEARNING OBJECTIV
ES
1. Understand how the early legal codes influenced the develop ment of corrections 2. Describe the role of punishment durin g the Middle Ages 3. Define what role impri
sonment had in rections
the early history of cor 4. Identify the ideas fou
nd within
Enlightenment think influence corrections
ing and how they
5. Define the early pri son what they contribute
reformers and
d
6. Discuss the origins of American correctio ns 7. Understand the rol e of religion in the formulation of correc tions 8. Understand how the Pennsylvania and Auburn models differ from one another 9. Explain how reform atories contributed to the rehabilitation mo vement 10. Discuss the punis hment of female offenders and compa re their treatment with male inmates 11. Identify the major features of U.S. corrections in the tw entieth century
expected excellence, their chance of success improved greatly. I left probation when I was chosen to become an internal affairs investigator for the Georgia Department of Corrections. I left this position after four years to become a chief Ray Stanelle, Georgia Department of Corrections, Senior Investigator for Drug Interdiction and Intelligence
Corrections is in my blood, and I am quite passionate about it. It is a great career.
counselor, then became an acting deputy warden. I missed working in the field and jumped at an opportunity to return to internal affairs, where I investigated everything from
I joined the Georgia De-
officer, I supervised inmates in the dormitory
excessive force to assaults, rapes, suicides,
partment of Corrections
and also on inside details. The atmosphere
and inmate deaths. I have found this to be
as a correction officer in
of a dormitory changes with each shift, and
meaningful work. For example, I worked with
June of 1994 when I was
each shift is a world unto itself. I was later
one of my investigators for eight months and
45 years old. I attended
assigned the position of disciplinary inves-
finally solved how a death row inmate was
Georgia College and State
tigator where I remained until leaving to
getting Internet pagers smuggled to him. The
University and earned my B.S., with a major
become a probation officer in 1997. I loved
investigation took us from Georgia to Italy
in criminal justice. During this time, I also
my probation officer job, which was very
and then on to Singapore. The reward was
completed a course in comparative law and
demanding and challenging. I ran a tight
the day we arrested the culprit who had been
corrections in England and Spain, next earn-
ship and expected all probationers to adhere
smuggling the pagers into the prison. I be-
ing my M.P.A. with criminal justice as my
to the terms and conditions of their proba-
came a senior investigator for drug interdic-
discipline of concentration.
tion. For all the tough talk, I discovered that
tion and intelligence, a job I still hold today.
by being consistent and fair, and by setting
Corrections is in my blood, and I am
and prisons and policy and procedures as
high standards, I had probationers complet-
quite passionate about it. It is a great career.
a correction officer than I could have ever
ing probation who had never completed
I would recommend it to students reading
learned in a classroom. As a correction
anything in their lives. I learned that if you
this book.
© Ray Stanelle
I must say I learned more about inmates
Michael Vick is one of the most promising athletes to come into the professional ranks in recent years. As quarterback for the Atlanta Falcons, beginning in the 2001 season, he had exciting moments on the football field. Then he was arrested, charged, convicted of dogfighting and housing dogfights, and sentenced to federal prison. Should a person like Vick have been incarcerated? Does he present a danger to society? Or should his punishment serve a symbolic purpose, letting people know that no one is above the law? Is his case similar to style guru Martha Stewart, who was convicted in a stock market scheme and sent to prison? Though no threat to society, some say she was incarcerated to set an example for others contemplating white-collar crimes. Is it fair to punish someone to send other people “a message”? Throughout history, people have struggled to determine the proper punishment for crime, hoping to find a formula that is neither too harsh nor too lenient. In nearly every age, some people continue to cry out for draconian punishments against criminals while others have urged the humane treatment of those who violate the law. This chapter examines the history of punishment and corrections, beginning with the early criminal codes and ending with the development of the correctional system in the United States. It is a history full of correctional heroes and victims, of hopeful innovations and humane service and sometimes disastrous
24 PA R T ONE W HY DO WE PU N I SH ?
results, and of individuals convicted by the courts of well-known violations, such as murder and robbery, and lesser-known violations, such as dogfighting. In Voices Across the Profession, Ray Stanelle, a senior investigator for drug interdiction and intelligence with the Georgia Department of Corrections, discusses his work in the contemporary correctional system.
The Legal Codes of the Ancient World As states, kingdoms, and empires superseded clan and tribal societies, the state assumed the role of punishing violators of societal norms. For the state to take over private vengeance, it was necessary to formalize the system of government, and written laws accomplished this purpose. The importance of the early codes, or written laws, is that they embodied the customs by which organized societies dealt with violators of the norms of conduct. The kings and prophets who were the early lawgivers intended that the state or other legitimate authority replace the individual in exacting restitution or revenge. The early kings of the Assyrians, Hittites, Babylonians, and Hebrews, for example, defined the laws of their societies. Today, the modern state assumes the exclusive right to respond to criminals; it denies the victims of crime the liberty of taking the law into their own hands. Thus, throughout history the state’s retribution has officially replaced private vengeance. 7 See the Timeline for the development of corrections from ancient times to the nineteenth century.
Code of Hammurabi We know that Sumerian codes were the first ones, but the first code of which we have records is that of Hammurabi, who reigned as king of Babylon (modern day Iraq) during the eighteenth century BCE . It is thought that he succeeded his father in 1792 BCE . 8 Hammurabi used military means to expand the authority of Babylon throughout Mesopotamia. Written laws had the effect of stabilizing his kingdom as well as standardizing custom and tradition. Like other early kings, Hammurabi was the unchallengeable chief executive, sole legislator, and supreme judge. The Code of Hammurabi was issued in about 1780 BCE. Its influence throughout the Fertile Crescent was enormous. Take for instance the crime of robbery. The Hammurabi code called for compensation to the victim of a robbery by the authorities of the city in which the robbery occurred, if the thief was not caught. In such a case, the victim would declare his loss to the mayor of the city and certify the amount of his loss. Thereupon the authorities were required to provide compensation because they had failed to maintain law and order. By making the state directly responsible for restitution, Babylonian law reduced intergenerational feuds and blood vengeance between families. This idea of justice has been characteristic of all criminal codes since that time.9
Law of the Greeks Ancient Greek civilization was famous for its legal system. Though Greek law has not survived intact, we know that it covered criminal matters, inheritance, adoption, commerce, contracts, and other legal agreements. In addition, the jury system traces its beginnings to the participation of the Greek public in legal proceedings.10 The codes of Draco and Solon are those for which the law of the Greeks is best known.
CODE OF HAMMURABI Law code issued during the reign of Hammurabi of Babylon. The law of talion (lex talionis) makes its appearance in this code, one of the first comprehensive views of the law.
CHA P T E R 2 F R O M VE NGE A NCE TO R E F O R M : A HI S TO R I C A L P ERS P ECTIV E 25
TIMELINE Deve Development velopment e of Corre Corrections recttio ions onss ffrom rom m An Ancient ncient Time Times es to tthe he Nineteenth Cent Century tur ury
Code of Hammurabi 1795– 1750 BCE
Code of Draco
1650– 1300 BCE
Twelve Tables
624 BCE
Mosaic Law
Law of Solon
451– 450 BCE
565– 529 BCE Justinian Code
Fact
Myth Restitution is a contemporary practice that requires offenders to pay back their victims or do service in the community.
594 BCE
The English lock up their poor in institutions known as workhouses and hold their criminals in bridewells.
Restitution began more than 4,000 years ago and is part of the Code of Hammurabi. It also appears in the Old Testament (Exodus 21:18–19): “And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed.”
1500s
Protestants of Amsterdam build a house of corrections for women.
1558–1603 During the rule of Elizabeth I, roughly a dozen English common law crimes are punishable by execution.
1593
1603 Protestants of Amsterdam build a house of corrections for men.
CODES OF DRACO AND SOLON. The code of
Athenian ruler Draco, first transcribed in 621 BCE when he was eponymous archon (i.e., highest magistrate in Athens), was extremely harsh: the death penalty was routinely used as punishment for even minor offenses. Any person who could not pay his or her debts could be forced into slavery, especially if the debt was owed to a highborn person. The Code of Draco was so severe that the terms “draconian punishment” and “draconian laws” still are used to describe an overly harsh legal code.11 Solon, an aristocrat and respected merchant, was elected eponymous archon in 594 BCE . Solon’s vigorous administration did much to cor rect economic inequity. He also undertook a thorough revision of the criminal laws of Athens, abolishing most of Draco’s code save the punishment for homicide.12
Criminal Law in Ancient Rome
CODE OF DRACO Exceedingly harsh law code issued in Athens by Draco; death was the punishment for nearly every offense. TWELVE TABLES The foundation of Roman civil and criminal law, legislated in 450 BCE, by a commission of both patricians and plebeians.
26 PA R T ONE W HY DO WE PU N I SH ?
Roman law began with the Twelve Tables, written around 450 BCE when Rome was changing from a kingdom to a republic. Brutal methods of punishment, similar to those spelled out in the Code of Draco, were incorporated in the Twelve Tables, the foundation of all Roman law. Roman criminal law required the death penalty in 9 of the 27 sections on criminal behavior set out in the Twelve Tables. The Romans inflicted the death penalty with terrible brutality.13 However, punishment was based on class: Upper-class men were typically exiled, subject to a loss of status, or privately executed. For those in the lower classes or slaves, the punishments were much worse: impalement on a sharpened stake, crucifixion, death by wild beasts, or quartering. In some instances, people convicted of crimes were used in the games at the coliseum as entertainment.
The French create the largest and most complex web of penal institutions when Louis XIV establishes the Hospital General hospital-prison complex. 1656
England begins transporting all felons serving sentences of three years or more to New South Wales (Australia). 1703
In Rome, Pope Clement XI builds the famous Hospice of San Michele Prison as a house of correction for younger offenders.
1718
Transportation of criminals to the America colonies ends.
Damiens is executed. 1748
1757
Montesquieu writes The Spirit of the Laws.
1764
1776
Beccaria writes Of Crimes and Punishment.
Transportation of criminals to Australia ends. 1777
1857
Howard writes The State of the Prisons in England and Wales.
JUSTINIAN CODE. In 527 CE, Emperor Justinian I succeeded to the throne of a declining Roman Empire, the capital of which had been moved from Rome to Constantinople. Justinian wanted to restore the empire to its former glory and undertook a review and revision of Roman law, which had become a huge and confusing mass of laws compiled by the Roman senate, imperial edicts, judges’ decisions, and the opinions of lawyers and legal scholars. This enormous task was accomplished over a 40-year period, from 529 to 565 CE. The result, now known as Corpus Juris Civilis (“body of civil law”), became the recommended textbook of legal codes in Europe. The Justinian Code was lost after the fall of Rome, only to be rediscovered in the eleventh century at the University of Bologna in Italy. Scholars from all over Europe flocked to study Roman law, and it became the basis for much of the law of the Middle Ages. Its principles still profoundly influence law in Europe.14
Punishment During the Middle Ages A number of punishments were used for criminals in medieval Europe. The most widely used of these means of punishment were flogging and branding, torture, servitude as galley slaves, the gallows or other forms of execution, and banishment and transportation. Criminals were seen as menaces to the community and as insults to God. Punishments of appalling cruelty were administered to make certain that the contrast between the riches of the few and the miseries of the many did not diminish.
Flogging and Branding The medieval punishment of flagellation was the act of whipping (Latin flagellum, “whip”) or flogging the human body with implements such as rods, switches, and the cat-o’-nine-tails. The cat-o’-nine-tails consisted of nine knotted cords that were fastened to a wooden handle. The “cat” got its name from the marks it left on the body, which resembled the scratches of a cat. Flagellation likely originated in the Near East but quickly spread
JUSTINIAN CODE Law code compiled by order of the Roman emperor Justinian in the sixth century. It revised, reorganized, and updated Roman law. Also known as corpus juris civilis (“body of civil law”).
CHA P T E R 2 F R O M VE NGE A NCE TO R E F O R M : A HI S TO R I C A L P ERS P ECTIV E 27
throughout the ancient world. Mosaic law limited flagellation to 40 strokes, and in practice delivered 40 strokes minus one, so as to avoid any possibility of breaking the law due to a miscount. In the Roman Empire, flagellation or flogging was often referred to as “scourging.” Whips with small pieces of metal or bone at the tips were commonly used, which could easily cause disfigurement and serious trauma by ripping pieces of flesh from the body.15 Branding was a mode of punishment that marked the offender by using a hot iron. The Greeks branded slaves, the Romans branded runaway slaves, the French branded convicts on galleys, and the English branded convicts in penal colonies and slaves to mark ownership. Branding was also practiced by the early American colonies. Criminals were branded with a mark or letter that signified their crimes, such as T for thief or B for blasphemer. In the Lancaster (England) criminal court, a branding iron is still preserved. It has a long bolt with a wooden handle at one end and an M (for malefactor) at the other. Two iron hooks are close by for firmly securing the criminal’s hands during the operation. The brander, after branding, was supposed to turn to the judge and exclaim, “A fair mark, my lord.” Branding was abolished in England in the last half of the eighteenth century and was used infrequently after that elsewhere.16
Torture Developed in the Roman Catholic Church’s fight against heresy (reaching its most notorious peak during the Spanish Inquisition), torture reflects a fundamental shift in criminal justice. Today, many museums show us the legacy of this period. Racks in the form of a table or a wheel were used to stretch the accused’s body. At first, one’s limbs would pop from their joints, then the tendons and ligaments would be further stained and frequently broken. Thumbscrews applied massive amounts of pressure to a small point on the thumb, shattering the bone. The infamous iron maidens were body-size devices lined with iron spikes. The tortured would be placed inside and the door slowly closed, driving the spikes into the body. One extreme tool was the pear, a metal device shaped like its namesake, with the addition of a spike on the end. It was hinged with a crank and would be inserted in the accused’s mouth, anus, or vagina and opened. During the thirteenth century (and continuing into the eighteenth century), the English frequently extracted confessions via pressing. Here the accused’s limbs were stretched out and tied, as if the individual were going to be drawn and quartered, and a board was placed upon his or her chest. Weights were added to the board until a confession was forthcoming.17
Galley Slavery
GALLEY SLAVERY Forced rowing of large ships called galleys; an example of punishment as a source of labor.
28 PA R T ONE W HY DO WE PU N I SH ?
Naval vessels called galleys were propelled by oars manned by galley slaves. As many as 200 might be required to propel a ship. The conditions of galley slavery were harsh. Slaves were chained to their benches, four men to an oar, beaten, whipped, and denied the basic comforts of human life. In England and France in the sixteenth century, galley oarsmen were criminals convicted of less-than-capital crimes. Queen Elizabeth I proclaimed in 1602 that prisoners, “except when convicted of willful Murther, Rape and Burglarye,” might be reprieved from execution and sent to the galleys, “where in, as in all things, our desire is that justice may be tempered with clemency and mercy . . . and the offenders to be in such sort corrected and punished that even in their punishments they may yield some profitable service to the Commonwealth.”18 In France, the courts
were instructed to refrain from executing, torturing, or even fining criminals so that the king’s galleys would be filled with oarsmen. Galley service was a lifetime assignment. There was little concern about the oarsmen’s well-being because there always were more recruits in the jails. By the end of the seventeenth century, the development of manof-war ships under sail gradually put an end to galley service.19
Gallows It was not unusual for a ruler who felt that the nation was under attack by internal dissidents to order mass executions to deter additional civil discord. Mass executions also could be used when particular crimes seemed to be a problem. During the reign of Henry VIII in England (1509 to 1547) more than 72,000 thieves were hanged. During the reign of his daughter Elizabeth I (1558 to 1603), “vagabonds were strung up in rows, as many as three or four hundred at a time.”20 In France, Louis XV believed in the divine right of kings, so an attempt on his life by Robert Damiens not only threatened the state but was an affront to God. Undoubtedly Damiens’s fate was intended to be a deterrent example to the restive French populace (see Exhibit 2.1). That example, however, did not deter the French from guillotining Louis’s successor, Louis XVI, 36 years later, as well as thousands of the French nobility. If an effort had been made to reform rather than to repress political dissenters such as Damiens, King Louis XXX might be ruling in Paris today! Public viewing of criminals about to be executed for their crimes was intended to be another form of deterrence. In the eighteenth EXHIBIT 2.1 Brutal Execution of Robert Damiens century, about 200 crimes were lawfully punishable by death. These crimes ranged from murDamiens was condemned to “make the amends honorable for the der to stealing from a shopkeeper objects valued main door of the Church of Paris,” where he was to be “taken and at five shillings or more (about $600 in today’s conveyed in a cart, wearing nothing but a shirt, holding a torch of money). Hangings were public and usually burning wax weighing two pounds”; then “in the said cart, to the conducted like theatrical performances. CritiPlace de Grace, where on a scaffold that will be erected there, the cal attention was paid to how the hangman, the flesh will be torn from his breasts, arms, thighs, and calves with chaplain, and the condemned played their roles. hot-hot pincers, his right hand holding the knife with which he The hangman’s part was played without words committed the said parricide, burnt with sulphur, and, on those but had to be performed deftly and without misplaces where the flesh will be torn away, poured molten lead, takes. The chaplain had a sermon to preach to the boiling oil, burning resin, wax and sulphur melted together and person who was about to die and to the attendthen his body drawn and quartered by four horses and his limbs ing crowd, to impress on all the wages of sin. and body consumed by fire, reduced to ashes and his ashes thrown The condemned person was at liberty to say anyto the winds.” thing he or she pleased, including a protestation “Finally, he was quartered,” recounts the Gazette d’Amsterdam of innocence. If the demeanor of the condemned of April 1757. “This operation was very long, because the horses at this awful time was marked by contrition and used were not accustomed to drawing; consequently, instead of courage, he or she would be applauded but nevfour, six were needed, and when that did not suffice, they were ertheless would swing from the gallows.21 forced, in order to cut off the wretch’s thighs, to sever the sinews
Exile and Banishment Criminals also have been subject to exile and banished from one country to another. Throughout the eighteenth century and far into the nineteenth century, England sent convicted criminals to colonies abroad, first to North America and then, after the American Revolution, to Australia. This sentence was referred to as transportation. Men and women transported to America were
and hack at the joints. It is said that, although he was always a great swearer, no blasphemy escaped his lips, but the excessive pain made him utter horrible cries, and he often repeated: ‘My God, have pity on me! Jesus, help me!’ The spectators were all edified by the solicitude of the parish priest of St. Paul’s, who, despite his great age, did not spare himself in offering consolation to the patient.” Source: Reprinted from Michel Foucault, Discipline and Punish: The Birth of the Prison, trans. Alan Sheridan (New York: Pantheon Books, 1977), pp. 3–6, quoting an article in the Gazette d’Amsterdam, April 1, 1757.
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indentured to planters and tradesmen for five to ten years. Their circumstances were little better than slavery. They were forbidden to return to England before the expiration of their sentences, and they were hanged if caught in the attempt.22 Thirty thousand individuals were transported to America between 1718 and 1775. Despite its popularity with legislatures because it was costeffective, transportation began to fall in favor by the middle of the eighteenth century. Ironically, one of the key reasons for transportation decline was the persistent rumor that many of those transported to America prospered rather than suffered in the New World. Transportation to North America ended with the American Revolution in 1776.23
The Development of Penal Confinement Prisons as a place of confinement can be traced to the ancient Greeks. In 399 BCE, Socrates was condemned by a jury of 500 members in a trial that lasted a single day. Socrates had the right to propose his penalty, and he said that what he really deserved was maintenance for life as a public benefactor but that he would agree to a fine. The jury was insulted and ordered him to commit suicide. He was confined in prison because of a delay imposed by the Athenian religious calendar, and it was there that he drank poison.24 The early Romans had little use of imprisonment, but the Romans later used prison more extensively, both in and outside of Rome. The quarry prisons in Rome were known as latumiae, which were part of a prison complex located on the southern slope of the Capitoline Hill. They were adjacent to an underground chamber called the Tullianum; this lower chamber was used as a place of confinement as well as an execution chamber. The Mamertine Prison, a vast system of primitive dungeons built under the main sewer of Rome, was one of these Roman prisons.
Early Prisons During the medieval period and early modern era, a number of institutions that at times served several functions were used to confine individuals. These institutions included (a) monastic confinement for violations of penal law; (b) jails, which were used for the temporary detention of debtors and those who had committed minor offenses; (c) bridewells or poorhouses, almshouses, and hospitals intended primarily for those incapable of looking after themselves; and (c) workhouses or houses of corrections where vagrants, beggars, and delinquents would be forced to work by way of discipline and punishment.25 As a general rule, imprisonment was not used as a means of correction but as a secure detention of suspected wrongdoers until they could be punished by execution, corporal punishment, or exile. Imprisonment was also used to temporarily constrain the liberty of high-status persons who had fallen out of favor or simply to get political opponents out of the way, sometimes on a permanent basis.26 MONASTIC CONFINEMENT. Religion, as we will later discuss, has had considerable influence on the development of correctional punishment. Some church councils in the eighth and ninth centuries began to insist on punitive incarceration for the laity who were involved in particularly offensive acts, such as incest and magic. The role of the church in prisons increased significantly following the period of the Inquisition. For those who deviated from orthodoxy, it was decided to construct special inquisitorial prisons. The inquisitors’ frequent use of imprisonment brought attention to the prisons’ disrepair, and from the fourteenth century on, inquisitors’ prisons were the best-maintained prisons in Europe.27
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JAILS. The years 1000 to 1300 have been described as a time of expansion,
self-confidence, and optimism in western Europe. The economy grew, towns developed, and communications expanded across the continent. By 1300, custodial punishment in jails of those awaiting punishment had become a normal part of the criminal process.28 One of the problems with these early jails, or gaols, was that prisoners were forced to live in horrible conditions. Many prisoners were half starved and came out so famished that they were scarcely able to move. They often had no bedding or straw to sleep on; some were forced to lie on the bare floor. The insane were frequently not separated from other prisoners. Another problem was that jailers were not paid salaries but instead were dependent on their income from prisoners. Penniless prisoners who were acquitted of the offenses for which they were charged and were eligible for release were frequently held until they paid “sundry fees” to the jailer and the clerk of the court. The conditions in jails called for radical reform, and John Howard, a pious county sheriff who is discussed later in this chapter, began that process in 1777.29 BRIDEWELLS. In sixteenth-century England, minor offenders were sent to local prisons managed by county sheriffs. Called bridewells, these houses
of corrections were established under local authorities, beginning with the London Bridewell in 1555, to teach habits of industry to vagrants and idlers. There were also debtors’ prisons, to which individuals who were unable or unwilling to pay their creditors were sent. Laws established standards of treatment of prisoners that sheriffs and magistrates were supposed to meet, but local authorities everywhere ignored those laws with impunity. Other English cities over the next decades established bridewells, and the idea spread to the continent, with Amsterdam in 1596 soon followed by other Dutch cities, Copenhagen in 1605, and then several northern German cities.30 WORKHOUSES. Workhouses were seen as places to put beggars and minor criminals to work. The workhouses were modeled after the bridewells in England and also followed a pattern of hard work. There was little difference between bridewells and workhouses, other than bridewell was the term commonly used in England. One of the most important of these early workhouses was Amsterdam’s Tuchthuis (“discipline house”), which later became known as the Rasphuis. Established in 1596 to house beggars and vagrants, by the 1650s the Rasphuis was a prison workshop for males who had been convicted of noncapital crimes. The Rasphuis was the most important postmedieval development in incarceration and stemmed from responses to poverty and economic displacement rather than to crime and civil disorder. The Spinhuis, a related institution, was established for female offenders shortly after the Rasphuis.31 Two other impressive workhouses were the Maison de Force and the Hospice of San Michele.32 The Maison de Force separated felons from minor offenders and women and children from hardened offenders. What was different about this facility was the notion that labor could be a positive technique to reform the offender.33 The Hospice of San Michele was one of the first institutions to handle juvenile offenders (unlike today, where a hospice is generally a place for the terminally ill). In 1704, Pope Clement XI opened this institution for criminal boys in a hospice in Rome that had been founded in 1582 and had quarters for the aged, orphans, and poor.34 Prisoners slept in single cells and worked in a large central hall with the rule of strict silence, a model of penal institutions that was also used in the American colonies. The rule of strict silence was enforced by flogging violators. The Hospice of San Michele is still used today, with somewhat different policies, as a reformatory for delinquent males.35
GAOLS Early name for jails, a temporary placement for prisoners characterized by horrible conditions. BRIDEWELLS Houses of corrections run by local authorities to teach habits of industry to vagrants and idlers. WORKHOUSES Workhouses provided support for those unable to provide for themselves; individuals were to be taught a trade and good work habits in a workhouse. Eventually, workhouses included a variety of individuals, including the poor, debtors, unemployed, and the unruly. MAISON DE FORCE A combination of workhouse, poorhouse, and reformatory which required all occupants to work. HOSPICE OF SAN MICHELE An early institution for youthful offenders, which also had quarters for the aged, orphans, and poor.
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In sum, for beggars, vagrants, and less serious offenders, a variety of institutions were used in the European states. Criminals who committed more serious offenses received sentences to the galleys and gallows or were transported to one of the penal colonies.
Enlightenment Thinkers and the Development of Corrections The philosophical ideas that underlie modern corrections can be traced to three Enlightenment philosophers: Charles-Louis de Secondat, Baron de Montesquieu; Cesare Bonesana Beccaria; and Jeremy Bentham. Montesquieu wrote about the need to moderate punishment. He contended that in a moderate and lenient government, “the greatest punishment of a bad action is conviction. The civil laws have therefore a softer way of correcting, and do not require so much force and severity.”36 Beccaria based the legitimacy of criminal sanctions on the social contract. The authority to make laws rested with the legislator, who should have only one view in sight: “the greatest happiness of the greatest number.” Beccaria considered punishment as a necessary evil and suggested that “it should be public, immediate, and necessary; the least possible in the case given; proportioned to the crime; and determined by the laws.”37 Jeremy Bentham (1748–1832) believed that the law should accomplish some utilitarian purpose, and the socially desirable outcome from criminal sanctions was the protection of society. He contended that punishment would deter criminal behavior if it was made appropriate to the crime. Beccaria and Bentham believed that offenders are responsible for their behavior and should be punished, but they also believed that the goal of the state should be deterrence, not revenge.
The Early Prison Reformers The harsh and demeaning conditions of confinement in the eighteenth century inspired some leaders to call for prison reform. John Howard (1726–1790) was the first English prison reformer. Appointed high sheriff of Bedfordshire in 1773, Howard inspected the county prison and was shocked by the squalor in which inmates lived. He went on to inspect prisons throughout England and was particularly concerned about prisoners who were held indefinitely because they could not pay the jailer’s fee— money paid to the owner or keeper of the prison for upkeep. In addition, terrible living conditions and poor hygiene produced plagues and other illnesses. Indeed, jail fever or typhus was endemic in most jails, and Howard himself died of typhus following his inspection of a jail in Russia. Before his death, Howard provided the English government with detailed proposals for improving the physical and mental health of prisoners, including where prisons should be located, the provision of clean water, proper diet and adequate hygiene, and guidelines for hiring qualified prison personnel. He also advocated an independent inspection process to make sure reforms were being implemented. How successful was Howard as a reformer? On the one hand, cost kept the government from addressing most of Howard’s recommendations, and few of the reforms he advocated were put into practice during his lifetime. On the other hand, Howard’s name is still associated with prison reform in Britain and the United States where Howard Leagues have long been established to maintain vigilance over the standards set for prison and jail operations.38 Alexander Maconochie (1786–1860) served as director of the prison colony on Norfolk Island in Australia. There inmates were “doubly convicted,” having been convicted of a crime after being transported from Britain for a 32 PA R T ONE W HY DO WE PU N I SH ?
previous crime. Norfolk Island was considered the end of the line for both inmates and prison administrators. Instead of continuing the previous brutal treatment of prisoners, when Maconochie took up duties as commandant of the penal settlement in 1840, he set up a system where newly arriving convicts were awarded marks to encourage effort and thrift. Sentences were served in stages, each increasing in responsibility. Cruel punishments and degrading conditions were reduced, and convicts’ sense of dignity was respected. In many ways, Maconochie succeeded far better than could be anticipated, but the political unpopularity of what he was doing eventually resulted in his recall to England. Maconochie left his post certainly feeling that his experiment had not worked the way he had hoped. Walter Crofton, a retired army officer, developed what became known as the “Irish mark system,” an innovation that made him a celebrity in international penology circles. Crofton believed in reformation, and inmates could earn early release or “tickets-of-leave” if they demonstrated achievement and positive attitude change. The system applied to convicts serving terms of three years or more. It was separated into three stages. The first stage lasted eight or nine months, depending on the man’s conduct. The second stage included four classes, and in each class, a prisoner had to earn marks for a maximum of nine per month. The third stage was spent at Lusk Commons, where convicts were housed in dormitories and given vocational training to fit them for employment when finally released. Aided by widespread foreign interest, Crofton’s system became the standard in England. It was adopted at the Elmira Reformatory in the 1870s in the United States, and parole, as it was called in America, soon spread across the nation.39
The Origins of American Corrections The American experience of corrections was shaped from a particular context, both from the culture that existed in this nation and from what had taken place in Europe. For the most part, punishments were derived from European methods, which featured harsh criminal codes and often sadistic punishments. But the idealism and social activism upon which the American colonies were founded led to the development of distinctly American legal practices, such as the penitentiary.40
Colonial Punishment The Puritans in New England used correctional punishment as a means to enforce their strict legal codes. They viewed the deviant as willful, a sinner, and a captive of the devil. Informal community pressures, such as gossip, ridicule, and ostracism, were found to be effective in keeping most citizens in line. However, to punish more serious crimes, the founding fathers did not hesitate to resort to mutilations, hangings, burnings, and brandings. Fines, confinement in the stocks and the public cage, and whippings were other frequently used methods of control. Nor did the early settlers hesitate to banish offenders, forcing them to leave the settlement and make their own way in a hostile land. The jail, which was introduced to the colonies soon after the settlers arrived from England, was used to detain individuals awaiting trial and those awaiting punishment.41
The Quakers and Criminal Law In the seventeenth century, the Quaker colonies of Pennsylvania and West Jersey rejected English criminal law. Legislation enacted in 1682 by the first assembly in Pennsylvania provided that only murderers were subject to the gallows.42 The other traditional felonies were punishable by hard CHA P T E R 2 F R O M VE NGE A NCE TO R E F O R M : A HI S TO R I C A L P ERS P ECTIV E 33
© Getty Images
l labor. William Penn, the founder of tthe Pennsylvania colony, drafted tthese comparatively mild statutes eexpressing the Quaker aversion to ccruelty and bloodshed. In addition tto the pillory, the stocks, and the w whipping post, Pennsylvania’s law of 1682 required the first prisons and specified the care of inmates.43 After the adoption of the Declaration of Independence, the Pennsylvania legislature repealed the British laws that the colonies had enacted. A series of statutes abolished capital punishment the early to k bac ed trac be for all crimes other than firstcan ent in the United States The use of severe punishm ng mutilations, udi incl s, ent ishm degree murder. 44 For the major pun al strict correction ed view y The es. settlers who routinely used cod l t lega felonies, terms of imprisonment ndings, to enforce their stric to hangings, burnings, and bra il, so they did not hesitate dev the of tive cap a were provided. Fines or jail terms and er, ents were the deviant as willful, a sinn 6 public hanging. Punishm 167 this as h suc replaced the whipping post, the s, ent deterring resort to tough punishm punishing the wicked and of e pos pur l dua the pillory, and the stocks. A system ed often public and serv mit crime. com to g nin plan be of state prisons was established ht mig those who to accommodate felons avoiding the gallows under the terms of the new laws. It has been argued that “a more thorough transformation in the character of a penal code, by peaceful legislation, is not recorded in the world’s history than that which took place in Pennsylvania during the eighteen years immediately following the Declaration of Independence.”45 Inmates began to be held in the city jails, including a new one located on Walnut Street in Philadelphia.
Pennsylvania Prison Society and the Walnut Street Jail While the new laws were considered humane, public reaction against the display of convicts on the streets of the city and the disgraceful conditions in city jails led to the formation in 1787 of the Philadelphia Society for Alleviating the Miseries of Public Prisons (renamed the Pennsylvania Prison Society in that same year).46 Members of the society were appalled by the overcrowded, unsanitary, and corrupt conditions of the Walnut Street Jail and appealed to the legislature for reform. In 1790, an act was passed that brought about sweeping reforms. The act authorized a penitentiary house with 16 cells to be built in the yard of the jail to carry out solitary confinement with labor for “hardened atrocious offenders,” thus removing them from the general inmate population.47
The Role of Religion in the Development of Corrections The role of religion has been important throughout the history of corrections. The church developed imprisonment during the Middle Ages as a substitute for imposing the death penalty. Three religious aspects of the early prisons were monastic confinement, special inquisitorial prisons, and the Hospice de San Michele. Monastic confinement arose when the early church councils used incarceration as punishment for such acts as incest and magic. Sections of monasteries, along with prisons built during the Inquisition, were used to intern religious heretics. The Hospice de San 34 PA R T ONE W HY DO WE PU N I SH ?
Michele was an institution developed by the church to handle juvenile offenders. It had an inscription over the door that read, “It is insufficient to restrain the wicked by punishment unless you render them virtuous by corrective discipline.” A program of silence, work, and prayer was used to express penance (an act of self-punishment to show repentance for a sin or wrongdoing). In this early history, we can see that both the brutal measures of punishment as well as the emerging theme of reform can be traced to religious origins. Religious influence was dominant in the early New England colonies. The Puritans viewed the deviant as a sinner and were able to justify mutilations, hangings, burnings, and brandings. In the development of American corrections, however, the Quakers had an aversion to cruelty and bloodshed. Under the leadership of the Pennsylvania Prison Society, the Quakers took a prominent position in the abolition of brutal punishments, including the death penalty, and the development of the penitentiary. The penitentiary itself was based on the notion that penal solitude and isolation would lead to penitence and the correction of criminal behavior. In the nineteenth century, the emergence of the scientific study of criminal behavior and its treatment deemphasized the prominent role of religion, but from time to time, religion’s influence could still be seen in corrections. For example, the first American Prison Congress in 1870 was seen as a kind of mountaintop spiritual experience to nearly everyone present. The most recent example of religious influence on corrections can be found in faith-based prisons (discussed in Chapter 11).
Development of the Penitentiary Pennsylvania’s major innovation in penal reform, the penitentiary, had actually a long process of development.48 The word penitentiary was first used in the English Penitentiary Act of 1779, which authorized the building of national penitentiaries in which convicts would be kept in order with strict discipline and hard labor. But the buildings were never actually constructed. Not until 1818 did the legislature authorize construction of two new penitentiaries, one near Pittsburgh and the Eastern State Penitentiary in Philadelphia.49 The American version of the penitentiary was designed to isolate people found guilty of a felony from normal society. It was believed that penitence, pastoral counseling, and reasonable discipline would correct antisocial behavior. The Eastern State Penitentiary was finished in 1829 and became a model for prisons in several European countries. It had a radial design, with seven wings, each containing 76 cells, radiating from a central hub, where control personnel were stationed (see Figure 2.1). Each cell was 12 feet long, 8 feet wide, and 10 feet high, designed for single occupancy.50 A separate exercise yard, in which the prisoner was allowed to be in the open air for an hour a day, was provided adjacent to the cell. Cells were separated by stone partitions 18 inches thick, which effectively prevented communication from prisoner to prisoner. Solitude was the goal, and prisoners spent their days alone. Even at compulsory chapel services they could not see one another, because they were seated in chairs that looked like up-ended coffins. The building was a massive fortress, resembling a medieval castle, intended to deter would-be offenders. The Pennsylvania model was a penal system based on the belief that most prisoners would benefit from the experience of incarceration. According to the first warden, Samuel Wood: When a convict first arrives, he is placed in a cell, and left alone, without any work and without any book. His mind can only operate on itself; generally but a few hours pass before he petitions for something to do and for a Bible. No
PENITENTIARY A prison in which persons found guilty of a felony are isolated from normal society. EASTERN STATE PENITENTIARY A fortresslike prison in Philadelphia consisting of seven wings radiating from a central control hub. Prisoners were kept in solitary confinement. It became a model for prisoners in several European countries. PENNSYLVANIA MODEL A penal system based on the belief that most prisoners would benefit from the experience of incarceration.
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© Bob Krist/Corbis
in instance has occurred in which such a petition has been delayed beyond a day pe or two. If the prisoner have [sic] a trade that th can be pursued in his cell, he is put p to work as a favor; as a reward for good behavior, and as a favor, a Bible is g allowed him. If he has no trade, or one a that th cannot be pursued in his cell, he is i allowed to choose one that can, and he h is instructed by one of the overseers, all a of whom are master workmen in the trades they respectively superint tend and teach. Thus work and moral t and religious books are regarded and a received as favors, and are withheld as punishment.51
Within a few years, when crowding became a problem, prisoners were doubled up in cells, and solitude was no longer poslphia, Pennsylvania. Opened ade Phil in ted loca y, sible. It was not long before the tiar iten d solitary A cell at Eastern State Pen rld’s first penitentiary. It use wo the was te Sta tern conditions of imprisonment at Eas ich comes from on October 25, 1829, . The term penitentiary, wh ion itat abil reh of the Eastern State Penitentiary form d a confinement as oners were expecte institution’s original goal: pris the at ted hin ce,” ary nan were investigated, and charges por “pe the word reform. As this contem k salvation as a method of see and God s to glas up le of brutality were launched and n sing ope to m contained a e concrete and many of the g chin wat substantiated against it at hearphoto shows, the cells wer ays God was alw the prisoners believe that h hig by d lose skylight, designed to make enc e, ings that took place in 1834. 52 rcis exe re was an individual area for them. Outside the cell, the By the end of the Civil War, the communicate. walls so prisoners couldn’t penitentiary’s population had reached 1,117 prisoners.53 The Pennsylvania penitentiary, with its solitary confinement and penitence model, was widely hailed, both in the United States and in Europe. Yet the system was very costly and, as some critics realized at the time, forcing inmates to reform in repressive conditions (solitary confinement for extended periods) was far more likely to result in insanity rather than rehabilitation.
The New York Penal System
Myth The fifirst rst large prisons to hold convicted criminals can be traced back to European dungeons of the Middle Ages.
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The New York penal system eventually replaced the Pennsylvania system. Its influence on both the design of prisons and the philosophy of imprisonment is still evident. In 1796, New York enacted legislation abolishing capital punishment for all offenses other than first-degree murder and treason. To accommodate felons who now would do time rather than be subjected to flogging or the gallows, Newgate Prison was built in 1797 in Fact what is now Greenwich Village in Manhattan. A crime wave at the end of the War of 1812 led The pri prison ison is an American instituto overcrowding at Newgate Prison, and in 1816 tion. Before their creation in the the legislature authorized a new prison at the United States, penal institutions western New York town of Auburn. It became were used mostly to house crimia model for maximum-custody prisons. When nal defendants before their trial, Auburn filled up in 1825, the legislature authowhile they arranged to pay back a rized the building of Sing Sing Prison at Ossining debt, or while they were awaiting on the Hudson River. Sing Sing was built in execution. The use of prison for three years by convict labor, except for three reform is an American invention. civilians—a master carpenter, a blacksmith, and a mason.54
Courtesy of the Library Company of Philadelphia
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FIGURE 2.1 The Layout of Eastern State Penitentiary in Philadelphia. An early print showing the “hub and spoke” model of prison design. In this model, guards could patrol the penitentiary from a central location. A floor plan of Eastern State Penitentiary, created in 1836. The prison would see additions over the next century. > Source: Norman Bruce Johnston, Kenneth Finkel, Jeffrey A. Cohen, and Norman Johnson, Eastern State Penitentiary: Crucible of Good Intentions (Philadelphia, PA: Philadelphia Museum of Art, 1994).
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The Auburn Silent System Two years after the completion of the prison at Auburn, a new wing was built that became famous as the “Auburn cellblock.” At its center was an island of cells, 5 tiers high and 20 cells long, surrounded by 11 feet of vacant space on all four sides. It was build for long-term solitary confinement, from which inmates would not emerge until the end of their terms. The cells were 7 feet long and 3.5 feet wide, or 24.5 square feet. Each tier consisted of two rows of cells, back to back.55 Prisoners assigned to this block, first occupied Christmas Day in 1821, were not allowed to work nor were they permitted to sit or lie down during daylight hours.56 The rationale for this austere program was simple: “[The penitentiary system could not be preserved] unless the convicts are made to endure great suffering, and that applied, as much as possible, to the mind.”57 Suicides, attempted murders, and various mental and physical infirmities attributed to the requirement that men be on their feet all day became so prevalent that this regimen was ended in 1825. Auburn officials were committed to the idea that solitude is essential to prison discipline. The challenge was to maintain solitude while large numbers of prisoners were eating together, working together, and moving together through the prison. An ingenious deputy warden, John D. Cray, found a solution, which became known as the Auburn Silent System. It was the successful alternative to the Pennsylvania model, and, like the Auburn cellblock, was the basis of practical penology until the mid-twentieth century. This system demanded silence from all convicts at all times. They marched in lockstep from the cellblock to the mess hall and to the factory. With right hand on the right shoulder of the person immediately ahead, face turned toward the watching guards, each convict in the platoon of silent offenders was watched for any attempt to communicate.58 Captain Elam Lynds was in charge of the Auburn Silent System for many years. He became a prison superintendent at a time when prison officials enjoyed great latitude in the methods they could use to inflict punishment on criminals. Corporal punishment was an accepted component of inmate control, but Lynds, in the opinion of increasing numbers of people, seemed to carry it to extremes. He insisted that flogging “was necessary to begin with curbing the spirit of the prisoner, and convincing him of his weakness. This point attained, everything becomes easy, whatever may be the construction of the prison or the place of labor.” Lynds would not stand for individual treatment of convicts. Each was to be treated exactly like all the others. Inmates were known only by number. Good behavior was not rewarded in any way. He made every effort to divest prisoners of self-respect and personality. They were dressed in black-and-white-striped uniforms, and no visitors were permitted. Prisoners were not allowed to send or receive letters; indeed, they could read nothing but the Bible. The brutal treatment of prisoners, in which corporal punishment was widely administered, resulted in an investigation, but Lynds was cleared of all charges. The prison was renamed the Auburn Correctional Facility in the 1970s and is still in use today. AUBURN SILENT SYSTEM A system, first used in the prison in Auburn, New York, that demanded silence from all prisoners at all times, even when they were eating or working together. FIRST CORRECTIONAL CONGRESS A congress held in Cincinnati in 1870 that presented progressive ideas about corrections and formulated the Declaration of Principles.
38 PA R T ONE W HY DO WE PU N I SH ?
The Rehabilitation Movement Begins In 1870, a group of reformers, including wardens and politicians, unhappy with the Auburn system, convened the leading figures in penology to hear proposals for change in the management of prisons. The First Correctional Congress, held in Cincinnati in 1870, was carefully planned and chaired by Ohio’s Governor Rutherford B. Hayes, who was later to become the nineteenth president. Speakers from the United States and abroad were invited to present new and progressive ideas, such as giving prisoners educational
opportunities and religious instruction. Practical prison men from 22 states, Canada, and Latin American nations enthusiastically “rose above the monotony of four gray walls, men in stripes shuffling in lock-step, sullen faces staring through the bars, coarse mush and coffee made of bread crusts, armed sentries stalking the walls. They forgot it all and voted their remarkable Declaration of Principles.”59 The Declaration of Principles passed by this correctional congress emphasized that the Myth reformation of prisoners should be the goal of corrections. To achieve it, prisoners should be classified on the basis of a marks system, rewards Correctional rehabilitation is a should be provided for good behavior, and indemodern concept and did not terminate sentences should be substituted for exist in harsh nineteenth century fixed sentences. The prison’s aim should be to prisons. create industrious free men, rather than orderly and obedient prisoners. Prisons should be small, and separate institutions should exist for different types of offenders.60
Fact Correctional rehabilitation is far from a contemporary concept. Efforts to treat and reform inmates began in the nineteenth century when educational and early release programs were adopted.
The Reformatory Model at Elmira Zebulon Brockway, warden of the Detroit House of Correction, attended the First Congressional Congress and presented a paper entitled “The Ideal Prison System for a State.” In this paper, he urged that the very word “prison” be stricken from the statutes: “The true attitude of government is that of guardian; its true function to shelter, shield, help, heal.”61 In 1876, Brockway became superintendent of the Elmira Reformatory in New York, where his proposals for a model reformatory were to have full rein. Brockway felt strongly about the merits of what has been called the reformatory model. He advocated indeterminate sentencing as “quite indispensable to the ideal of a true prison system” and an essential part of his rehabilitative model.62 Admission was restricted to first offenders
