Three restrictions on judicial discretion:

Mandatory minimum sentences

“Three strikes”

Sentencing guidelines

Sentencing Guidelines

Typical Guideline – Criminal History Score X Offense Severity– Each combination = specific range of

sentences Do they work?

– They do reduce sentencing disparity– BUT, do they simply shift discretion to the

prosecutors and the legislature?

Corrections

Carrying out the sentence of the decreed by the judicial system– History of Corrections– Community Corrections– Intermediate Sanctions– Institutional Corrections

The Middle Ages to the 17th Century The Middle Ages

– Feudal period: blood feuds--> wergild – Later Middle ages (Henry VIII, Elizabeth I)

• Increase in corporal and capital punishment• Bizarre and extravagant tortures

17th Century– Poor laws and “houses of correction”– Transportation (for profit), galley slaves

Colonial America (1600s-1750s)

Punishment was public Punishment was corporal or capital Prison-like institutions existed, but were

not used as “punishment”

COPORAL PUNISHMENTS

The Rise of the Penitentiary (1750-1800) William Penn

– Revised criminal code in Pennsylvania to forbid torture and mutilation; ordered new “houses of correction”

Walnut Street Prison (1790)– Other states (New Jersey, New York)

followed

Walnut Street Jail and Eastern Penitentiary

Pennsylvania vs. Auburn System

Pennsylvania – Western Penitentiary, Eastern Penitentiary– Silent System

New York– Auburn Prison – Congregate System

Only difference? – Isolation of inmates during the day

Corrections in the 1800s

Auburn System wins debate– Easier to perform labor; the only way to

perform factory labor– But, prison brutal, corporal punishment

prevalent Prison building boom (1850s) Prison Industry

– Contract system, convict-lease, state account

The Progressive Era

We’ve already talked about the progressives– 1920s– Attacked many social ills (working conditions,

poverty….)– In Criminal Justice

• Argued that rehabilitation (not punishment, penance) should be the goal of corrections

• Platform of indeterminate sentences, probation, parole.

Corrections from 1970 to present Faith in rehabilitation crushed

– Liberals = justice model; Conservatives = punish 1970s = deterrence 1980s-present = deterrence/incapacitation

– Return to determinate sentencing– 3 strikes legislation– Chain gangs, “strip-down” prisons

Pennsylvania vs. Auburn System Pennsylvania

– Western Penitentiary, Eastern Penitentiary– Silent System

New York– Auburn Prison – Congregate System

Only difference? – Isolation of inmates during the day

Corrections in the 1800s Auburn System wins debate

– Easier to perform labor; the only way to perform factory labor

– But, prison brutal, corporal punishment prevalent

Prison building boom (1850s) Prison Industry

– Contract system, convict-lease, state account

The Progressive Era We’ve already talked about the

progressives– 1920s– Attacked many social ills (working conditions,

poverty….)– In Criminal Justice

• Argued that rehabilitation (not punishment, penance) should be the goal of corrections

• Platform of indeterminate sentences, probation, parole.

Corrections from 1970 to present Faith in rehabilitation crushed

– Liberals = justice model; Conservatives = punish

1970s = deterrence 1980s-present=deterrence/incapacitation

– Return to determinate sentencing– 3 strikes legislation– Chain gangs, “strip-down” prisons

Conscience and Convenience Why were the first prison built?

– “Penitentiaries”– “Correctional Facilities”

Why do we still build prisons if we no longer believe in rehabilitation? – Incapacitation as the “default” goal of

prisons….or “convenience”

The Corrections Continuum

Probation Intermediate Sanctions Jails Prisons

Probation Father of Probation is John Augustus Formally adopted in progressive era Suspend sentence, in return, offender

abides by “conditions of probation”– Conditions set and enforced by judicial

system– Offenders who “fail” may have probation

revoked, and original sentence imposed

Functions of Probation Departments

Pre-sentence Investigation (PSI)– Interview offender, case history, tied to

rehabilitation– Includes recommendation for sentence

Supervision of Offenders– Counseling, meet with offenders– Help with job, broker community resources– Supervise (house visits, drug testing)

Use of Probation

Almost 2/3 of the total corrections population is on probation– Roughly 3.5 million offenders are on

probation – Average Caseload = 113

Goal has shifted– Rehabilitation to supervision/zero tolerance

Parole Parole as release from prison

– Discretionary release– Parole board = appointed by governor– Rehabilitation and intermediate sentences

Parole as supervision– Similar to probation supervision– Early release a privilege, therefore must

follow conditions of release

Abolish Parole?

Typically, states move to abolish “discretionary parole release”

When this is done, “post release supervision” is still part of the process

How “effective” are probation and parole supervision?

Cost savings– Probation and parole are much less expensive

than prison Recidivism

– Large differences in “recidivism” across jurisdictions

– As high as 65% (California felons), as low as 25% (Huntsville, TX)

– Depends upon “risk” of clients

Intermediate Sanctions

Probation Prison Death

ISP EM Boot Camp

WHY do these critters exist?

Prison crowding in 1980s Probation viewed as failure Need for “continuum” of sanctions

What is the goal of these critters?

Divert offenders from prison (save money)

Reduce recidivism (through deterrence) Provide an option to judges that fits

between prison and probation

Intensive Probation or Parole Supervision (IPS) Idea is to “soup up” traditional

supervision– Reduce Caseloads (15 to 40 offenders)– Daily contact with offender– Routine drug testing– Curfews, home and employment visits

Do ISP’s work?

Do ISP’s divert from prison? – NO, judges are reluctant to send “prison-bound”

offenders to ISP (Net Widening)

Do ISP’s reduce recidivism?– NO, when compared to similar group of offenders, they

actually do worse (fishbowl effect)

– Similar to “California Caseload Experiments” of the 1970s

Shock Incarceration (boot camps)

Short, intense incarceration to “shock” the offender into his/her senses– military drill and discipline, physical exercise, hard

physical labor– typically reserved for young, non-violent, first-time

offenders– short time-span, typically 6 months

Do boot camps work?

Reduce Recidivism? – NO, boot camp graduates have similar recidivism

rates as offenders who receive different sanctions

Divert Offenders?– Possible, but not likely

– Depends upon where in the system they are diverted

Home Confinement and Electronic Monitoring Home confinement is an old practice Electronic Monitoring is used to enforce

home confinement– Technology emerged in the 1980s– Most are bracelets that work like invisible dog

fences– Tell probation/parole officers whether or not a

person has broken curfew

Residential Community Corrections Traditional “Half-way house”

– Used to reintegrate prison inmates into society

Now– Traditional functions– Sanction for probation violators– Day reporting centers– Split sentences (probation + RCC time)

How do RCC’s Work?

Typically, they are house-like structures (not prison-like)– Inmates (clients) are usually free to leave

during the day (job, classes)– Return at night– Most RCC’s are privately run

Evidence for Cost Savings and Diversion In order to divert and save $,

demonstrate that the offender would’ve went to prison if not for the intermediate sanction– Most programs demonstrate “net widening”

– Exception--if correctional personnel make decision.

Evidence for Recidivism

None of these sanctions have demonstrated recidivism reductions.– Why not? All of them are based on the principle of

specific deterrence. Example of boot camp--why would this reduce recidivism?

– Exception: some incorporate intervention programs grounded in good theory

Evidence for Providing a “Continuum” This is the sole “Victory” for

intermediate sanctions– Offenders report that ISP is more painful

than traditional probation, and some suggest it is worse than prison

– Is this enough to justify intermediate sanctions?

Why are these Critters thriving?

Provide Continuum Politically Powerful

– Boot camp residents with shaved heads, saluting….

– Public wants “harsh” punishments– Myth of effectiveness

Institutional Corrections

Go to jail, go directly to jail, do not pass go, do not collect $200

JAILS

County Level Institutions– Usually run by Sheriff and deputies

House inmates (less than 1 year) and pre-trial detainees

Conditions notoriously poor– Little programming, no medical facilities– Violence, shifting population, suicide rates

high

Prisons Hold individuals sentence to at least 1 year Operated by the executive branch

– Federal Bureau of Prisons (BOP)• 98 Facilities• 126,000 inmates• Most inmates (60%) are serving time for drug

offense• Prisons ranked on a 1 to 6 scale (1 = FCI in

Colorado)

State Prisons

Over 500 prisons, and 1.2 million offenders

Governor typically appoints warden Organization

– Maximum (razor wire, guard towers…)– Medium (similar to max, but less serious

offenders)– Minimum (typically campus style)

Since the late 1970s, the total number of inmates in custody has increased dramatically

The incarceration rate has kept pace

Why the dramatic increase? Change in public opinion, and political emphasis

– Three strikes laws, “truth in sentencing” – Drug Policies

Increase in felony convictions Factors that do not clearly influence incarceration

– Crime rates– Economy

Profile of Prison and Jail Inmates Racial Profile

– 35% White, 44% Black, 11%, Hispanic– 11% of black males in 20s and 30s

Most (98%) are male Most are poor, with less than a high

school education Most (60%) have been in prison before

The Pains of Imprisonment Gresham Sykes

– Material possessions – Heterosexual relationships– Security– Autonomy

Deprivation model vs. Importation model Does old “inmate code” still exist? NO

The Inmate Economy A black market exists in almost all prisons

– Sex, drugs, alcohol, food, better living conditions…

– What is the currency of the prison economy?CIGARETTES

Why not “stamp out” the prison economy?– Guards are pragmatic (worry about the big stuff)– Some guards are part of the economy

Prison Gangs

Similar to the “outside,” gangs are divided along racial lines

Roughly 6% of inmates identify with a gang

Gangs control economy, rackets…– Primary concern is gang violence, and the

possibility of riots

Women’s Issues

Typically single prison per state– Get less resources– More difficult to visit

Pregnancy, motherhood– Where do children go if mothers are locked

up?

Does Rehabilitation Work? Martinson (1975) “nothing works”

– He later recanted his position, and argued that dome things do “work,” but nobody listened

Don Andrews (Canadian Psychologist)– Much “rehabilitation” is “correctional quackery”– What works?

• Cognitive/Behavioral based programs

• Intensive intervention with follow-ups