Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Prisons and Jails Chapter 13 Copyright ©2011, 2009, 2007, 2005 by Pearson

Criminal Justice Today: An Introductory Test to the 21st CenturyFrank Schamalleger

Prisons and Jails

Chapter 13

Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc.publishing as Pearson [imprint]



Prisons

• A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement.

• The use of prisons as a place to serve punishment is a relatively new way to handle offenders.



Early Punishments

• Were often cruel and torturous: Generally fit the doctrine of lex talionis: – Law of retaliation– “An eye for an eye”



Early Punishments

• Early forms of punishment included:– Flogging– Mutilation– Branding– Public humiliation– Workhouses– Exile



The Emergence of Prisons

• It is unknown when the first prison was established.

• Punitive imprisonment noted in Europe in the Middle Ages.

• American prisons began in the late 1700s.

• Early confinement facilities stressed reformation over punishment.



Stages of Prison Development in the United States

FIGURE 13–1 Stages of prison development in the United States.



The Penitentiary Era

• 1790--1825– Philadelphia Penitentiary begun by

Quakers for humane treatment of offenders.

– Rehabilitation through penance (solitary confinement and Bible study).

– Known as the “Pennsylvania System.”



The Mass Prison Era

• 1825--1876– Auburn Prison (New York) featured

group workshops and silence enforced by whipping and hard labor.

– This Auburn system was the primary competitor to the Pennsylvania system.



The Reformatory Era

• 1876--1890– The reformatory style was based on

the use of the indeterminate sentence.

– Elmira Reformatory attempted reform rather than punishment.

– Used a system of graded stages– Gave way to the system of “parole.”– Ultimately considered a failure, since

recidivism was still a problem.



The Industrial Era

• 1890--1935– Prisoners used for cheap labor in the era of

the industrial prison.– Six systems of inmate labor: contract

system, piece-price system, lease system, public account system, state-use system, and public works system.

– Labor unions complained that they could not compete.

– The passage of the Hawes-Cooper Act and Ashurst-Sumners Act limited inmate labor.



The Punitive Era

• 1935--1945– Characterized by belief that prisoners

owed a debt to society.– Custody and institutional security the

central values.– Few innovations.



The Treatment Era

• 1945--1967– Medical model suggested inmates were sick

and needed treatment.– Most treatments include individual or group

therapy.– Other forms of therapy include:

• Behavior therapy• Chemotherapy• Neurosurgery• Sensory deprivation• Aversion therapy



The Community-Based Era

• 1967--1980– Based on premise that rehabilitation cannot

occur in isolation from the real world.– Prisons considered dehumanizing.– Led to innovations in the use of volunteers

and the extension of inmate privileges. – Programs include:

• Half-way houses• Work-release• Study-release



The Warehousing Era

• 1980--1995– Public and judicial disapproval of release

programs and recidivism led to longer sentences with fewer releases.

– Nothing works doctrine– Warehousing of serious offenders designed

to protect society.– Prison overcrowding became widespread.– Greater emphasis on incarcerating non-

violent drug offenders.



The Just Deserts Era

• 1995--present– Based on the justice model. – Emphasis on individual responsibility

and punishment.– Imprisonment is a proper

consequence of criminal and irresponsible behavior.

– Chain gangs, “three-strikes,” and reduced parole.



Prisons Today: Race

• The rate of imprisonment for African American males is seven times that of white males.

• Bureau of Justice Statistics states that a black male in America has a 32.3% lifetime chance of going to prison; white males have a 5.9% chance.



Prisons Today: State Usage

• Use of imprisonment varies considerably between states.

• Factors contributing to the variation: – Violent crime rate– Political environment– Funding for prisons– Employment rate– Percentage of African American males– Level of welfare support



Prisons Today: Facility Size

• The size of prisons vary.

• One out of every four prisons is a large, maximum-security prison house almost 1,000 inmates.

• The typical state prison is small.

• It costs about $62 a day per inmate.



Prisons Today: Typical System

• The typical state prison system has:– 1 high security– 1 or more medium security– 1 for adult women– 1 or 2 for young adults– 1 or two specialized mental hospital-

type security prisons– 1 or more open-type institutions



Overcrowded Prisons

• Overcrowding is a serious issue.– Prison capacity—The size of the

correctional population an institution can effectively hold. There are three types of prison capacity:

• Rated• Operational• Design

– Rhodes v. Chapman (1981)—Overcrowding is not by itself cruel and unusual punishment.



U. S. Prison Population, 1960 - 2008

FIGURE 13–2 U.S. prison population, 1960–2008.



Selective Incapacitation

• Selective incapacitation:– Is a strategy to reduce prison population.– Seeks to identify the most dangerous

offenders and remove them from society.

– Is reflected by career offender statutes.



Security Levels in State Prison Systems

• There are three security levels:• Maximum• Medium

• Minimum• The typical American prison is

medium or minimum custody.



Maximum Security

• Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates.

• They provide a high level of security with:• High fences/walls of concrete• Several barriers between living area• Secure cells• Armed guards• Gun towers



Medium Security

• Medium security prisons are similar in design to maximum security facilities; however, they:• Usually have more windows.• Tend to have barbed wire fences instead of

large stone walls.• Sometimes use dormitory style housing.



Medium Security

• Medium security prisons allow prisoners more freedom, such as: • Associating with other prisoners• Going to the prison yard or exercise room• Visiting the library• Showering and using bathroom facilities with less

supervision• An important security tool is the count.



Minimum Security

• In minimum security prisons:– Housing tends to be dormitory style.– Prisoners usually have freedom of movement

within the facility.– Work is done under general supervision only.– Guards are unarmed, and gun towers do not

exist.– Fences, if they exist, are low and sometimes

unlocked.– “Counts” are usually not taken.– Prisoners are sometimes allowed to wear their

own clothes.



Prison Classification System

• Classification systems determine which custody level to assign an inmate to. Assignments are based on:• Offense history• Assessed dangerousness• Perceived risk of escape • Other factors

Inmates may move among the security levels depending on their behavior.

Internal classification systems determine placement and program assignment within an institution.



Federal Prison System

• History– 1895—Leavenworth, Kansas—First

non military federal prison opens.– 1906—Second federal prison opens in

Atlanta.– 1927—Alderson, West Virginia—First

federal prison for women.– 1933—Springfield, Missouri—Medical

Center for federal prisoners.– 1934—Alcatraz begins operations.



Today’s Federal Prison System

• Today’s federal prison system consists of:• 103 institutions• 6 regional offices• The Central office (headquarters)• 2 staff training centers• 28 community corrections offices



Federal BOP Facilities, 2009

FIGURE 13–3 Federal Bureau of Prison facilities by region, 2009.



Federal Prison System

• The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels.1. Administrative maximum (ADMAX)2. High security (U.S. penitentiaries)3. Medium security (federal correctional institutions)4. Low security (federal correctional institutions)5. Minimum security (federal prison camps)

• Additionally, there are administrative facilities, like metropolitan detention centers (MDCs) and medical centers for federal prisoners (MDFPs).



Federal Correctional Complexes

• Federal correctional facilities exist either as single institutions or as federal correctional complexes (FCCs)—sites consisting of more than one type of correctional institution. • Example: FCC at Allenwood, PA. (consists

of one U.S. penitentiary and two federal correctional institutions (one low and one medium security).



Federal Prison System: Administrative Facilities

• The federal prison system’s administrative facilities are institutions with special missions.– Metropolitan Detention Centers

(MDCs)• Generally located in large cities, close to

federal courthouses• Hold inmates awaiting trial (like jails)

– Medical Centers for Federal Prisoners (MCFP)



Administrative Maximum (ADMAX)

• In 1995, the federal government opened its only ADMAX prison: – Located in Florence, Colorado– $60 million ultra-high security– 575 bed capacity – Inmates confined to cells 23 hours per day– Only toughest 1% of federal prison

population is confined there– Holds mob bosses, spies, terrorists, escape

artists, murderers, etc.



Improvements

• Improvements to our nations prisons can be found in:– Accreditation by the American

Correctional Association’s (ACA)– Training though the National

Academy of Corrections



Jails

• Jails—Locally operated, short-term confinement facilities.• Original purpose—confinement of suspects

following arrest and awaiting trial. • Current use—confinement of those

convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial.



Jails

• There are 3,365 jails in the U.S.– Most jails are small, designed to hold 50 or

fewer inmates. – Some jails are very big, like “mega-jails” in

LA and NYC.

• There are 207,600 correctional officers.– 3:1 inmate/staff ratio

• The average cost to jail a person for a year is $14,500.



Jails

• Most people process through jails are members of minority groups:– 56% minority

• 38.6% African American• 15.6% Hispanic

– 44% Caucasian

• Typical charges:– 12.1% drug trafficking– 11.7% assault– 10.8% drug possession– 7% larceny



Women and Jail

• Women comprise 12.9% of the jail population.

• They’re the largest growth group nationwide.

• Women face a number of special problems, including:• Inadequate classification systems• Lack of separate housing• Low educational levels • Substance abuse• Pregnancy/Motherhood• Inadequate substantive medical programs



Women and Jail

• Women make up 22% of correctional officer force in jails.

• Female officers are committed to their careers and tend to be positively valued by male counterparts. However,• A disproportionate number of female

personnel held lower ranking jobs.• 60% of support staff is female• 10% of chief administrators is female

• Issues can arise when member of the opposite sex are assigned to watch over inmates.



Growth of Jails

• Many jails are old and overcrowded. • By the end of 1980s, many jails were so

overcrowded that court-ordered caps forced some early releases.

• By 2006, national jail occupancy was at 94% rated capacity. Larger jails are more crowded than smaller ones. Some individual facilities are desperately overcrowded.



Jail Facts

TABLE 13–1



Direct Supervision Jails

• A new jail architecture and management strategy is called direct supervision. These jails:• Use a system of pods or modular self-

contained housing areas• Have a more open environment, using

Plexiglas instead of thick walls to separate areas

• Use softer furniture• May use “rooms” instead of cells



Benefits of Direct Supervision Jails

• Direct supervision jails• Reduce inmate dissatisfaction• Deter rape and violence• Decrease suicide and escape attempts • Eliminate barriers to staff-inmate

interaction• Give staff greater control• Improve staff morale • Reduce lawsuits



Jails and the Future

• National efforts are underway to improve quality of jail life by:• Adding critical programs for inmates• Increasing jail industries • Jail “boot camps”• Creating regional jails• Implementing jail standards



Privatization

• A private prison is a correctional institution operated by a private firm on behalf of the government.

• The movement toward greater use of private prisons began in the 1980s. • Private prisons operate in 34 stated and

the District of Columbia. • 35% annual growth rate



Benefits of Privatization

• Private prisons can:– Reduce overcrowding– Lower operating expenses– Avoid lawsuits



Hurdles to Large-Scale Privatization

• Large scale privatization is hindered by:– Laws prohibiting private sector

involvement in correctional management

– Possibility of public employees striking

– Liability and other legal issues



NIJ Recommendations

• The National Institute of Justice (NIJ) recommends that those states that privatize corrections:– Regularly survey former inmates about

conditions– Annually visit and inspect facilities – Station state monitors inside large facilities– Review all services before renewing

contracts

Documents

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Prisons and Jails Chapter 13 Copyright ©2011, 2009, 2007, 2005 by Pearson