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More than 1,600 adult correctional facilities in US
Many facilities are old and decrepit Institutions holding a thousand or more
inmates still predominate the system
After sentencing Classification: deciding what type of
prison to be sent to◦Based on assessment of risk, seriousness of
offense, rehabilitation potential Types of prisons
◦Supermax, maximum, medium, minimum (“country clubs”)
Entry procedures ◦ Depends on type of prisons◦ E.g., Maximum security prison: strip search,
health checks, issuing of materials, personal belongings saved in property room, lecture on procedures to be followed (do what the guards tell you)
◦ Symbolic and real humiliation during entry – body cavity searches; strip of conventional identity (clothing, haircuts)
◦ Basic message: “you are ours,” “you are powerless,” “you ain’t nobody now”
◦ Assignment to job Regimes (how to behave)
◦ If behave, no problems, earning good time; privileges (e.g., conjugal visits)
Prisons in the U.S. are “total institutions” –the lives of prisoners are totally controlled
Living in prison◦ Personal losses include deprivation of liberty,
goods and services, heterosexual relationships, autonomy, and security.
◦ Inmates must learn to cope with loneliness and dangers of prison life
Inmate’s methods of coping◦ Inmate Subculture: loosely defined culture that
pervades prisons and has its own norms, rules, and language
◦ Inmate Social Code: unwritten guidelines that express values, attitudes, and types of behavior that older inmates demand of younger ones. Represents values of interpersonal relations within the prison
◦ Prisonization: assimilation into the inmate subculture.
What do prisoners learn in the inmate culture?◦Criminal skills (e.g., how to burglarize a
house)◦Disrespect for authority (do not trust guards
and staff)◦Crime as a way of life (hustling, smuggling,
illegal commerce)◦Force is necessary to solve some problems ◦The need for group support and loyalty
(hard to survive by yourself; do not rat)
◦Make reintegration into society difficult The skills learned on how to survive in
prison do not work well outside◦Leads to recidivism (parole violations, new crimes)
◦Research shows the most prisoners have become prisonized, have adjusted to life inside, after two years
The new inmate culture◦ Precipitated by black power movement in the
1960’s and 70’s◦ African American and Latin inmates are now more
organized◦ Racial polarity and tension is a dominant force◦ Groups formed as a result of various factors:
Religious or political affiliations To combat discrimination Previous street gang membership
At beginning of 20th century female inmates were viewed as morally depraved individuals who flouted conventional rules of female behavior.
Only 4 women’s prisons were built between 1930 and 1950.
Before 1960 few women were in prison. 34 women’s prisons were built during
1980’s as crime rates soared.
Female institutions◦ Generally smaller than those housing male
inmates◦ Majority are minimum security◦ Suffer from lack of health, treatment, and
educational facilities◦ Limited vocational training
Primarily young, unmarried, poorly educated, minority group members
From broken homes Suffered from physical and sexual abuse,
domestic violence Psychological/substance abuse problems Subject to sexual exploitation/abuse by staff
Adapting to the female institution◦ Behavior is less violent than male inmates◦ Anti-authority inmate social code of male
institutions does not exist◦ May engage in self-destructive behavior to cope
with problems◦ Creation of make-believe families as coping
mechanism
Inmates Guards Staff (education, counseling, drug
treatment, rehabilitation services) Administrators Visitors Each group has different needs for
protection and safety
Individual and group treatment◦ Behavior modification◦ Aversive therapy ◦ Milieu therapy◦ Reality therapy◦ Cognitive skills ◦ Formal education
Faith-based rehabilitation efforts
Special-needs inmates◦ Drug-dependent◦ Mental problems◦ Physical disability problems◦ AIDS - infectious diseases◦ Elderly and sick◦ Gays and lesbians◦ Women with children
Drug treatment◦ Programs to treat alcohol and substance abuse◦ Use of methadone◦ Creation of therapeutic communities
AIDS-infected inmates◦ Homosexual behavior and in drug use increase
risk◦ Both behaviors common in prison◦ Approximately two percent of prisoners are
infected◦ Administrators reluctance to provide education on
prevention as riskiest activities are forbidden in prison
Need protection from other inmates and staff
Have low status among other inmates Segregation in separate housing areas
(same as women with children who need special facilities to be with their children)
Vocational training programs◦ Most institutions provide◦ New York has more than 42 trade and technical
courses for inmates◦ While programs provide benefits for inmates and
institutions they are subject to criticism Inability to find related jobs on release Equipment is inadequate or obsolete Programs used solely for prison maintenance Objections of unions
Work release◦ Furlough programs allow deserving inmates to
leave the institution and hold regular jobs in the community
◦ Inmates are able to maintain work skills and community ties
◦ Transition from prison to outside world is easier◦ Citizens are worried about inmates “stealing” jobs
from them◦ Worries about safety and new crimes being
committed while on release Post release programs
Rehabilitation ◦ Robert Martinson’s “nothing works”◦ Conservative view of corrections currently
emphasizes punishment over treatment◦ Recent research indicates it is possible to lower
recidivism rates
Control is a complex task Prison guards were traditionally viewed as
ruthless Now viewed as public servants Guards play a number of roles Despite appearances and total institutions –
order is maintained in prisons by the inmates as well
Female correctional officers◦ Estimated 5,000 women are assigned to all-male
institutions◦ Questions of privacy and safety◦ Dothard v. Rawlinson (1977)◦ Research indicates that discipline has not suffered
because of the inclusion of women
Inmate v. inmate Inmate v. staff/guards Guards/staff v. inmate Sexual assault
◦ In prisons – inmate on inmate gay sex; male guards-female prisoners
◦ Outside prison – prostitution rings, sex services provided by staff/guards to outsiders; “rent” out female inmates
Contributing factors to violence◦ Poor communication◦ Destructive environmental conditions◦ Faulty classification◦ Promised, but undelivered reforms◦ Lack of treatment programs
Causes of individual violence◦ Violence-prone individuals◦ Personality disorders◦ Lack of effective grievance processes◦ Violence as a survival mechanism◦ Staged fights by guards
Causes of collective violence◦ Inmate-balance theory◦ Administrative-control theory◦ Overcrowding◦ Rise of gangs within prisons
Hands-off doctrine: administrators were given a free hand to run institutions irrespective of constitutional violations◦Prison administration was a technical matter
best left to experts◦Society was apathetic◦Prisoner’s constitutional rights viewed as
limited approach Cooper v. Pate signaled the end of the
hands-off doctrine
Minimal standards of human dignity: prisoners are still persons under the law◦ Access to courts, legal services and materials◦ Freedom of expression◦ Freedom of religion◦ Right to medical treatment◦ Access to reading materials and media◦ Prohibition against cruel and unusual punishment –
conduct which shocks the reasonable conscience (lengthy solitary confinement, shackling, excessive physical punishment, torture)
Notice that less than 20%, one in five, of prisoners leave because they have finished their sentence
Parole: early release of prisoner subject to conditions set by a parole board◦ Decision to parole is determined by statutory
requirement Discretionary parole Mandatory parole release
Functions of the parole board◦ Select and place prisoners on parole◦ Aid, supervise, and provide control of parolees in
the community◦ Determine when parole has been completed and
the parolee may be discharged◦ Whether parole should be revoked if violations
occur
Parole hearings◦ Method of case review varies by jurisdiction◦ Consider factors such as crime, institutional
record, and willingness to accept responsibility◦ Few legal guidelines on decisions to parole or not
– highly discretionary
The parolee in the community◦ Must adhere to conditions of release◦ Parole is viewed as a privilege and not a right◦ Failure to comply with conditions of release
results in return to prison Intensive supervision parole
The effectiveness of parole◦ More than half return to prison shortly after their
release, many for technical violations, not new crimes
◦ Re-arrests are most common in the first six months after release
◦ Cost of recidivism is acute – high number of new criminal offenses
Factors leading to parole failures◦ Consequences of prisonization◦ Prisons rarely address psychological and economic
problems that are likely to lead parolees to recidivism◦ Little preparation for reintegration while in prison◦ Prisons do not allow development of skills essential to
cope with outside world◦ Disruption of home life while incarcerated and lack of
support systems once released◦ Limited resources when are released (e.g., bus fare
home)◦ Loss of rights/inability to find employment◦ “Civic death” laws
The argument: Prisons make bad people worse Reform prisons
◦ Ensure minimal standards of dignity and well-being◦ minimize abuses◦ Lessen disconnect from society
Increase external oversight◦ Enhance transparency, oversight, legal remedies
Create and use alternatives to prisons◦ Drug courts, intermediate sanctions, community corrections
Change the metaphor from war-making to peace-making: use prisons only as last resort and only for those who need to be in prison◦ Restorative justice