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AMERICAN CORRECTIONS

1. Describe the history of the jail and itscurrent function in the criminal justicesystem.

2. Describe who is in jails, and why they arethere.

3. Discuss the kinds of jails in the UnitedStates.

4. List the main issues facing jails today.

5. Outline the problem of bail and list the mainalternatives to bail.

6. Outline the problems of jail administration.

7. Describe new developments in jails and jailprograms.

8. Critically assess the future of the jail.

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Learning objective 1: Describe the history ofthe jail and its current function in the criminaljustice system.

• Jails in U.S. descend directly from feudalpractices in twelfth-century England.– Officer of crown, reeve appointed in each shire.

– To collect taxes, keep the peace, and operate thegaol (jail).

• English settlers brought these traditions andinstitutions with them to American colonies.– Jails used to detain accused persons awaiting trial

and to shelter misfits.

Jails often in Sheriff’s homes.

Reform movement of the 19th century◦ Overwhelming majority of accused and convicted

misdemeanants were held in jail.

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Learning objective 2: Describe who is in jails,and why they are there.

• Bureau of Census– Nationwide census of jails

– Repeated every 5 years

– Annual survey supplements nationwide account:

• Top 1/3 largest jails

• Hold 75% of inmate population

• National Jail Census– 86% of inmates are men

– 2/3 under 35 YOA

– Over 2/5ths are white

– Most little education and low income

Increasing rate of incarceration for AfricanAmericans.

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Learning objective 3: Discuss the kinds ofjails in the United States.

• Of 2,876 jails in U.S.:– 80% have county-level jurisdiction

– Most administered by elected sheriff

• About 600 municipal run jails

• 6 states run jails

• Estimated 13, 500 police lockups:– A facility authorized to hold people before court

appearance for up to 48 hours. Most run by localpolice agencies.

50 largest jurisdictions hold almost 1/3 ofnation’s jailed inmates.◦ Largest – Los Angeles, New York

Hold about 33,300 inmates together (4% of nationstotal).

L.A. County Men’s Central Jail holds almost 20,000people.

Most jails much smaller, holding fewer than 50 people.

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Learning objective 4: List the main issuesfacing jails today.

Suicide:◦ Hours immediately following arrest are often a time

of crisis:

Vulnerability

Hopelessness

Fear of loss of freedom

Sheer terror

◦ Over 1/3 of deaths occurring in jails are suicides

◦ Most happen within first 6-10 hours

Jails lack programmatic flexibility toaccommodate range of needs of population.

Reducing anxiety:◦ Conversation with staff

◦ Involvement in some activity

◦ Communication

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Mental Health Problems:◦ Almost 2/3 of jail prisoners have a history of

mental problems.

◦ 1/5 have a very recent history of mental disorder.

◦ Most jails lack resources to provide care.

Substance Dependency:◦ Half of all people placed in jail were under the

influence of alcohol or illegal drug at time of arrest.

◦ Over 2/3 have a history of substance abuse

◦ More than 1/2 have history of failed drug treatment

◦ Most dramatic problem is withdraw

Medical needs:◦ Minor scrapes and bruises to major injuries.

◦ Routine health deficiencies of lower class:

Infections

Poor nutrition

Lack of dental care

◦ More than 1/3 of those in jail report physicalaliment.

◦ 60% of jails make prisoners pay for medical care

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Legal needs:◦ People locked up suffer a disadvantage preparing

for case.

◦ Likely to need public defender.

Learning objective 5: Outline the problem ofbail and list the main alternatives to bail.

Bail:◦ An amount of money, specified by a judge, to be

posted as a condition for pretrial release to ensurethe appearance of the accused in court.

Bondsman:◦ An independent businessperson who provides bail

money for a fee, usually 5-10 percent of the total.

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Dissatisfaction with bail stems from severalfactors:◦ Many, in some cases over 90% of pretrial detainees

cannot afford bail.

◦ Money is a weak incentive for appearance in courtin many cases

◦ Human freedom can be had for a price

Release on recognizance:◦ Pretrial release because the judge believes the

defendant’s ties in the community are sufficient toguarantee the defendant’s appearance in court.

Day reporting center:◦ Facility where offenders such as pretrial releases

and probation violators attend daylong interventionand treatment sessions.

• Pretrial Diversion:– An alternative to adjudication in which the

defendant agrees to conditions set by theprosecutor in exchange for withdrawal of charges.

• Diversion controversy:– Many offender’s crimes are caused by special

problems – vagrancy, alcoholism, emotionaldistress.

– Formal criminal labeling often works againstrehabilitation.

– Diversion is cheaper than criminal justiceprocessing.

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Learning objective 6: Outline the problems ofjail administration.

Legal liability

Jail standards

Personnel matters

Jail crowding

Jail facility

42 U.S.C. 1983

Lack of funds not an excuse

Injurious conduct

Jail budgets have been increased to pay for:◦ Training programs

◦ Classification procedures

◦ Managerial policies

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Important for 3 reasons:◦ Indicate proactive criteria

◦ Provide a basis by which administrators canevaluate staff performance

◦ Standards facilitate the planning and evaluation ofjail programs by giving program managers a targetto consider in their work.

Local corrections workers are among:◦ Most poorly trained

◦ Least educated

◦ Worst paid employees in CJ system

Understaffing

Turnover high

Jails handle wide variety of individualsincluding:◦ Drug addicts

◦ Mentally ill

◦ Alcoholics

State correctional facilities does notimmediately accept sentenced prisoners.

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Almost 90% of all jail cells are at least 50years old

Jails expensive structures, cost:◦ $100,000 - $200,000 per cell

Idle prisoners

Learning objective 7: Describe newdevelopments in jails and jail programs.

• New generation:– Facility with a podular architectural design and

management policies that emphasizes interactionof inmates and staff and provision of services.

• Podular unit:– Self-contained living areas for 12-25 inmates,

composed of individual cells for privacy and openareas for social interaction.

• Direct supervision:– Method of correctional supervision in which staff

members have direct physical interaction withinmates throughout the day.

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Therapeutic justice:◦ A philosophy of reorienting the jail experience from

being mostly punitive to being mostly rehabilitative.

Learning objective 8: Critically assess thefuture of the jail.

General trends:◦ Many jurisdictions have renovated or replaced jail

facilities since the early 1970s.

◦ Many jurisdictions are joining together to build andmaintain a single jail to serve their collective needs.

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Probation

1. Describe the history and development ofprobation, including how it is organizedtoday.

2. Describe the two functions of probation.3. Discuss the purpose and content of the

presentence investigation report.4. Describe the major issues involved in the

presentence investigation.5. Describe the dynamics that occur among the

probation officer, the probationer, and theprobation bureaucracy.

6. Discuss the different kinds of probationconditions and tell why they are important.

7. Define recidivism and describe itsimportance to probation.

8. Define evidence-based practice and discussits importance.

9. Describe what is known about theeffectiveness of probation supervision.

10. Discuss the revocation of probation,including “technical” revocation.

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Learning objective 1: Describe the history anddevelopment of probation, including how it isorganized today.

John Augustus first to provide bail fordefendants under authority of Boston PoliceCourt in 1841

Judicial reprieve:◦ A practice under English common law whereby a

judge could suspend the imposition of execution ofa sentence on condition of good behavior on thepart of the offender.

• Recognizance:– Formally recorded obligation to perform some act

entered by a judge to permit an offender to live inthe community, often on posting a sum of moneyas surety, which is forfeited by nonperformance.

• Augustus also developed:– Presentence investigation

– Supervision conditions

– Social casework

– Reports to the court

– Revocation of probation

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Today offenders placed on probation in 1 of 4ways:◦ Judges impose a sentence of probation (60%)

◦ Judge impose a sentence of probation that issuspended pending good behavior (22%)

◦ For those already on probation, additional sentenceis imposed but its activation is suspended (9%)

◦ Split sentence (9%)

Centralized or decentralized?

Administered by the judiciary or the executivebranch?

Combined with parole services or not?

Decentralized:◦ Administered by city or county instead of a state

◦ Smaller, more flexible

◦ Better able to respond to unique problems ofcommunity

Centralized:◦ Larger, can train staff to take a variety of roles

◦ Can implement broader programs

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• Judiciary:– Probation more responsive to the desires of the

sentencing judge– Morale of probation officers higher who work closely

with judges

• Executive branch:– Judiciary ill prepared to manage human service operation– Requires full attention of professional public

administrators– Better allocation of probation services– Increased interaction between corrections and allied

human services– Increased access to the legislature and budgeting

process– More appropriate service priorities

Subtle differences hard to sustain

Difference in criminal lifestyle

Learning objective 2: Describe the twofunctions of probation.

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• Investigation– Presentence investigation report:

• An investigation and summary report of a convictedoffender’s background, which helps the judge decideon an appropriate sentence.

• Supervision– 3 steps

• Probation officer establishes relationship with offenderand defines the role of officer and offender.

• Officer and offender establish supervision goals tohelp offender comply with conditions.

• Officer decides how to terminate probation.

Learning objective 3: Discuss the purposeand content of the presentence investigationreport.

Purpose:◦ Help judges select an appropriate sentence

◦ Help classification decisions

◦ Facilitates treatment planning and parole decisions

◦ Document for systematic research

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• Contents:– Verification:

• PSI information is cross-checked with some othersource for accuracy.

– Objectivity:

• Avoiding vague conclusions about the case.

• Victim impact statement:– Descriptions in PSIs of the costs of the crime for the

victim, including emotional and financial losses.

Learning objective 4: Describe the majorissues involved in the presentenceinvestigation.

Recommendations◦ Person without authority is suggesting what the

sentence should be

◦ Congruence of PSI and sentences range from 70 to90 percent

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Disclosure:◦ Williams v. New York (1949)

Judge imposed a death sentence on basis of evidencein PSI despite jury’s disclosure

◦ Cleansing:

Confidential comments from a private citizen thatmight endanger the citizen

Clinical statements or evaluations that might bedamaging to the offender if disclosed.

Private PSIs◦ Client-specific planning:

Private investigative firms contract with convictedoffenders to conduct comprehensive backgroundchecks and suggest to judges creative sentencingoptions as alternatives to incarceration.

◦ Court hires private investigator to provide report

◦ Private reports likely more costly than traditionalalternatives

Learning objective 5: Describe the dynamicsthat occur among the probation officer, theprobationer, and the probation bureaucracy.

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• The Officer:– Officer role conflict:

• Enforcing the law

• Helping the offender

– Power:

• The ability to force a person to do something he or shedoes not want to do.

– Authority:

• The ability to influence a person’s actions in a desireddirection without resorting to force.

• The Offender– Response to supervision strongly influences the

overall effectiveness of probation.

– Offenders may see the officer as occupying acommanding role.

– Officers decide on style, supportive or controlling

– Probationers commonly resent their status

• The Bureaucracy– Imposes both formal and informal constraints

Learning objective 6: Discuss the differentkinds of probation conditions and tell whythey are important.

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◦ Standard conditions

Constraints imposed on all probationers

◦ Punitive conditions

Constraints imposed on some probationers to increasethe restrictiveness of painfulness of probation,including fines, community service, and restitution.

◦ Treatment conditions

Constraints imposed on some probationers to forcethem to deal with a significant problem or need, suchas substance abuse.

Learning objective 7: Define recidivism anddescribe its importance to probation.

Recidivism:◦ The return of a former correctional client to

criminal behavior, as measured by new arrests orother problems with the law.

Important because it reflects the effectiveness of aprobation strategy.

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Learning objective 8: Define evidence-basedpractice and discuss its importance.

• Using correctional methods that have beenshown to be effective by well-designedresearch studies.– Important characteristics:

• Focus the program on high-risk probationers (riskprinciple).

• Provide greater levels of supervision to higher-riskclients (supervision principle).

• Provide treatment programs designed to meliorate theproblems that produce the higher risk level (treatmentprinciple).

• Make referrals to treatment programs (referralprinciple).

Learning objective 9: Describe what is knownabout the effectiveness of probationsupervision.

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• Generally no difference among differentprobation strategies, but compare probationagainst itself.

• Probation works more than doing nothing.

• Probation works better than most peoplesuspect.– New York study:

• Prevented new arrests

• Probation more effective than jail

Learning objective 10: Discuss the revocationof probation, including “technical” revocation.

• Probation ends in 1 of 2 ways:– Person successfully completes the period of

probation

– Person’s probationary status is revoked because ofmisbehavior

• Revocation results from:– New arrest

– Conviction

– Rules violation

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Rules violations that result in revocations arereferred to as technical violations.◦ Technical violation:

The probationer’s failure to abide by the rules andconditions of probation (specified by the judge),resulting in revocation of probation.

Technically not illegal behavior:

Changing residence without permission

Failure to attend therapy program

Neglecting to report to probation office

Intermediate Sanctions andCommunity Corrections

1. Describe the rationale for nonincarcerationpenalties.

2. Describe the rationale for intermediatesanctions.

3. Illustrate the continuum-of-sanctionsconcept.

4. Explain some of the problems associatedwith intermediate sanctions.

5. List the various types of intermediatesanctions and who administers them.

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6. Describe what it takes to make intermediatesanctions work.

7. Assess the role of the new correctionalprofessional.

8. Explain how community correctionslegislation works and describe itseffectiveness.

9. Critically assess the future of probation,intermediate sanctions, and communitycorrections.

Learning objective 1: Describe the rationalefor nonincarceration penalties.

Enormous cost of imprisonment

Other reasons:◦ Imprisonment is too restrictive for many offenders

◦ Traditional probation does not work with mostoffenders

◦ Justice is well served by having options in between

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Most sanctions in Western democracies donot involve imprisonment◦ For every offender in prison, 3 are on probation or

parole.

Prison not effective in most cases◦ Public sentiment

Probation may not work with seriousoffenders.

Intermediate sanctions can improvesupervision in 2 ways:◦ Can intensify supervision

◦ Can provide specialized programs better suited toaddress the offender’s needs

Limited sentencing choices

Intermediate sanctions allow a closer tailoringof the punishment to the offender’s situation.

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Learning objective 2: Describe the rationalefor intermediate sanctions.

Continuum of sanctions:◦ A range of correctional management strategies

based on the degree of intrusiveness and controlover the offender, along which an offender ismoved according to his or her response tocorrectional programs.

Learning objective 3: Illustrate thecontinuum-of-sanctions concept.

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Advantages:◦ Increases corrections system’s flexibility

◦ Decreases prison and jail overcrowding by movingselected offenders to less-restrictive options

◦ Allows more-responsive management of individualoffenders

◦ If person not reporting, a brief home confinementcan be followed by a return to probation

◦ Costs less than other alternatives

Learning objective 4: Explain some of theproblems associated with intermediatesanctions.

• Selecting agencies:– Correctional agency administrators argue they

should administer sanctions:

• Critics say these agencies cannot support midrangeactivities

• Selecting offenders:– Stakes:

• The potential losses to victims and to the system ifoffenders fail; stakes include injury from violent crimesand public pressure resulting from negative publicity.

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Widening the net:◦ Potentially the most damaging

◦ Implementing intermediate sanctions has 3consequences:

Wider nets

Stronger nets

Different nets

Learning objective 5: List the various types ofintermediate sanctions and who administersthem.

Pretrial diversion

Fines:◦ Day fine:

A criminal penalty based on the amount of income anoffender earns in a day’s work.

Forfeiture:◦ Government seizure of property and other assets

derived from or used in criminal activity.

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Community service and restitution:◦ Community service:

Compensation for injury to society, by theperformance of service in the community.

◦ Restitution:

Compensation for financial, physical, or emotional losscaused by an offender, in the form of either paymentof money to the victim or to a public fund for crimevictims, as stipulated by the court.

• Day reporting (treatment) centers:– Probation center:

• Residential facility where persistent probation violatorsare sent for short periods.

– Restitution center:

• Facility where probationers who fall behind inrestitution are sent to make payments on their debt.

• Intensive supervision probation (ISP):– Probation granted under conditions of strict

reporting to a probation officer with a limitedcaseload.

Home confinement:◦ Sentence whereby offenders serve terms of

incarceration in their own homes.

Electronic monitoring

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Shock incarceration:◦ A short period of incarceration followed by a

sentence reduction.

Boot camp:◦ A physically rigorous, disciplined, and demanding

regimen emphasizing conditioning, education, andjob training. Designed for young offenders.

Learning objective 6: Describe what it takesto make intermediate sanctions work.

Sanctions to be successful must be carefullyplanned and implemented

Potential obstacles:◦ Sentencing philosophies and practices

◦ Offender selection criteria

◦ Surveillance and control methods

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Most important issue

Principle of Interchangeability:◦ The idea that different forms of intermediate

sanctions can be calibrated to make themequivalent as punishments despite their differencesin approach.

The target group:◦ Intermediate sanctions have 2 general goals:

Serve as a less-costly alternative to prison

Provide a more-effective alternative to probation

◦ Wrong target group

◦ Applied to non-prison cases

◦ Low risk clients

Problems of bias

Tough aspects of intermediate sanctions maynot be totally positive.

Widening the net

Costs of stricter measure outweigh thebenefits?

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Learning objective 7: Assess the role of thenew correctional professional.

Three major shifts in the workingenvironment:◦ Nongovernmental organizations have emerged to

administer community corrections programs.

◦ Increased emphasis on accountability has reducedindividual discretion.

◦ Relationship between the professional and theclient has become less important than theprinciples of criminal justice that underlie therelationship.

Learning objective 8: Explain how communitycorrections legislation works and describe itseffectiveness.

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Reducing reliance on prison:◦ Local justice systems have little incentive to keep

their own offenders in local corrections.

◦ Funded by state tax revenues

◦ Centralized, state-administered punishments seemto be more expensive than local corrections.

Evaluation of community correctionslegislation:

Three aims:◦ To reduce the rate and number of people sentenced

to state correctional facilities

◦ To reduce tax revenues spent on corrections bytransferring both the costs and the funding to less-expensive local correctional facilities

◦ To reduce prison populations

Learning objective 9: Critically assess thefuture of probation, intermediate sanctions,and community corrections.

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Three recurrent problems:◦ Some way must be found to overcome the

seemingly immutable tendency of the CJ system toresist placing in less-restrictive options and to keepincreasing the level of corrections.

◦ Community support must increase

◦ Purposes of sanctions must be clarified