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Mainstream and Crosscurrents, Second Edition
Chapter 12Chapter 12
Contemporary Prison LifeContemporary 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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3
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
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
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.
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
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
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.
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.
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.
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.
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
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
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…
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
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
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.
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.
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
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.
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."
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."
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.
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.
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.
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.
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
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
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.
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.
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?