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Mainstream and Crosscurrents, Second Edition Chapter 12 Chapter 12 Contemporary Prison Life Contemporary Prison Life

Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

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Page 1: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Mainstream and Crosscurrents, Second Edition

Chapter 12Chapter 12

Contemporary Prison LifeContemporary Prison Life

Page 2: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2

Prison life

The prison is a total institution, in which everything is tightly controlled and structured.

Page 3: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3

Prison life

Page 4: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.4

Prison life

Sykes' five pains of imprisonment …

Deprivation of liberty Deprivation of goods and

services Deprivation of heterosexual

relationships Deprivation of autonomy Deprivation of security

Page 5: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.5

Prison life

Inmate subculture Prison gangs Supermax prisons Prison riots and violence

Page 6: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.6

Prison life

argot roles–Specific patterns of behavior that inmates develop in prison to adjust to the environment.

Page 7: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.7

Prison life

Inmate subculture

Rats and center men

Gorillas and merchants

Wolves, punks, and fags

Ball-busters and real men

Toughs and hipsters

Page 8: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.8

Prison life

Prison gangs

Mexican Mafia

La Nuestra Familia

Black Guerrilla Family

Aryan Brotherhood

Page 9: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.9

Prison life

Supermax prisons

The modern supermax prison is based on the federal penitentiary at Marion, Illinois which the Bureau of Prisons opened in 1969.

Marion became the first standalone supermax prison in the United States in 1983.

Page 10: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.10

Prison life

Supermax prisons

Pelican Bay recalls the separate-and-silent systems in the first prisons in Pennsylvania and Auburn, NY.

Page 11: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.11

CrossCurrents Prison life

What’s wrong with supermax prisons?

The effects of incarceration are severe.

Supermax prisons are expensive and labor-intensive.

Page 12: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.12

Prison life

Prison riots and violence

On rare occasions, the inmate's frustrations are shared by others, and the institution’s authority is seriously challenged.

Page 13: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.13

Attica prison riot

New Mexico State Penitentiary riot

Prison life

Prison riots and violence

Page 14: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.14

Landmark experiment

Was the experiment ethical?

Shed light on human behavior

CrossCurrents Prison life

Stanford prison experiment

Page 15: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.15

Working in the prison

The most prevalent job in the prison is the correctional officer or guard.

Lombardo's seven variations of correctional officer job assignments are…

Page 16: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.16

Working in the prison

Block officers Work-detail supervisors Industrial shop and school officers Yard officers Administrative building assignments Wall posts Relief officers

Page 17: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.17

Working in the prison

Correctional guard functions …

Human services

Order maintenance

Security

Supervision

Page 18: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.18

Courts and the prison

Some opinions...

Inmates are protected by the Constitution.

Inmate legal rights are not totally restricted.

The rights lost by inmates should be only those consistent with confinement and maintaining institutional safety.

Page 19: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.19

Courts and the prison

Before the 1960s, the courts cultivated a hands-off doctrine toward inmates' rights.

Cooper v. Pate (1964) began a new era in prison litigation.

Page 20: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.20

Courts and the prison

Eighth Amendment Fourteenth Amendment: due process Fourteenth Amendment: equal protection

Page 21: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.21

CrossCurrents Courts and the prison

Incarceration and the Mentally Ill

As of 2005, more than half of all prison and jail inmates reported a mental health problem.

Many communities lack the resources or the organization to treat the mentally ill.

Page 22: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.22

Courts and the prison

Eighth Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Page 23: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.23

Courts and the prison

Fourteenth Amendment

"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Page 24: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.24

Courts and the prison

Fourteenth Amendment: Due Process

The courts determined in Wolff v. McDonnell (1974) that inmates are allowed some due process.

Page 25: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.25

Courts and the prison

Fourteenth Amendment: Equal Protection

The Fourteenth Amendment addresses racial and gender-based

discrimination in the prison.

Discrimination prohibited in society is also prohibited in correctional institutions.

Page 26: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.26

Courts and the prison

Fourteenth Amendment: Equal Protection

Constitutional expectations of privacy are only partially available to inmates.

The inmate's body is a point of contention.

Page 27: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.27

Private prisons

Interest in privatizing prisons began around the mid-1970s, and the first modern private prisons opened in the early 1980s.

With growing inmate populations, many believe that private firms

can handle inmates more inexpensively and efficiently.

Page 28: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.28

Private prisons

The Increasing Imprisonment Rate

Page 29: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.29

Private prisons

Arguments for private prisons

Money: Private organizations can run prisons more cheaply.

Better employee control: More control over hiring and firing

Flexibility and accountability

Page 30: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.30

Private prisons

Arguments against private prisons

Money: Profit is more important than inmates.

Better employee control: Staff have less incentive to do a good job.

Control: Private prisons may refuse difficult offenders.

Page 31: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.31

Private prisons

State and local facilities still take in most inmates. As of 2006, 2.26 million inmates were in state and federal prisons and local jails, an incarceration rate of 751 inmates per 100,000 US residents.

Page 32: Mainstream and Crosscurrents, Second Edition Chapter 12 Contemporary Prison Life

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.32

QuestionsQuestions

What difficulties do prison staff and officials face in dealing with prison gangs?

How are supermax prisons successful? In what areas do they fall short?

To which constitutional amendments did inmates turn to draw the courts’ attention?