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12 Prison Life CHAPTER CRIMINAL JUSTICE A Brief Introduction, 5/E

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1 12 Prison Life CHAPTER CRIMINAL JUSTICE A Brief Introduction, 5/E
by Frank Schmalleger

2 Examples of total institutions:
… places where people work, play, eat, sleep, and recreate together on a daily basis. (coined by Erving Goffman, 1961) Examples of total institutions: prisons concentration camps summer camps mental hospitals seminaries CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

3 Prison Subcultures CRIMINAL JUSTICE A Brief Introduction, 5/E
by Frank Schmalleger

4 Prison Subcultures Two social structures exist in prison. formal/official - consisting of rules and procedures established by correctional authorities informal/unofficial - also called prison subculture CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

5 Prison Subcultures Informal Structure
values and behavior patterns characteristic of prison inmates develops independently of plans of prison administrators often more powerful than formal/official structure includes values, roles, and even a special language (argot) CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

6 Prison Subcultures Sykes and Messinger:
The Inmate Social System (1960) Five elements of the prison code: don’t interfere with interests of other inmates – don’t rat on others play it cool -- do your own time don’t whine – be a man don’t exploit inmates – don’t break your word don’t be a sucker – don’t trust guards or staff CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

7 Prison Subcultures Prison Argot - language ace duce - best friend
banger - a knife billy - white man boneyard - conjugal visit chester - child molester dog - homeboy or friend ink - tattoos man walking - signal guard coming tree jumper - rapist CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

8 Prison Subcultures Women’s prison slang is often related to the identities/behaviors of the women who form, and participate in, “family” relationships while in prison. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

9 Prison Subcultures Women’s Prison Argot - language
cherry – A female inmate who has not been initiated into lesbian activities. femme (or mommy) – A female inmate who plays the female role during lesbian relationships. fay broad – A white female inmate. stud broad (or daddy) – A female inmate who assumes the male role during lesbian activity. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

10 Prison Subcultures Two Models of Prison Society: deprivation model – Prison subculture is an adaptation to the situation. importation model – Inmates bring values, roles, and behaviors with them from the outside world when they enter prison. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

11 Homosexuality in Prison
wolf - aggressive man who assumes the masculine role during homosexual activity punk - forced into submitting; plays the female role fag - has a natural proclivity toward homosexual activity and effeminate mannerisms CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

12 Homosexual Assault in Prison
Sexual assaults in prison are likely to leave psychological scars long after the physical event is over. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

13 Prison Subcultures mean dude hedonist opportunist retreatist legalist
radical colonist religious realist CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

14 Prison Subcultures Mean Dude: quick to fight
dangerous: best left alone receives frequent write-ups for violations spends a lot of time in solitary Prison subculture supports role of mean dude by: expecting prisoners to be tough values that say “only the strong survive” CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

15 Prison Subcultures Hedonist: Opportunist:
… builds life around limited pleasures in prison (smuggling, gambling, drug running, homosexuality, etc.). Opportunist: … takes advantage of positive experiences prison has to offer, such as schooling, trade programs, counseling, etc. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

16 Prison Subcultures Retreatist: Legalist:
… attempts some form of psychological retreat from realities of prison, often becoming heavily involved in drug and alcohol use leading to depression and mental illness. Legalist: … the “jail house” lawyer – fights confinement through the law. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

17 Prison Subcultures Radical: Realist:
… views himself as a political prisoner, society = the oppressor. Realist: … sees incarceration as a natural consequence of criminal activity -- just an unfortunate part of “doing criminal business” -- follows inmate code and does not get in trouble. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

18 … views prison as “home” has many friends inside
Prison Subcultures Colonist: … views prison as “home” has many friends inside often holds position of power and/or respect does not look forward to leaving prison has been known to commit new crimes to return to prison CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

19 … has strong religious ties and may be “born again.”
Prison Subcultures Religious: … has strong religious ties and may be “born again.” CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

20 Prison Staff CRIMINAL JUSTICE A Brief Introduction, 5/E
by Frank Schmalleger

21 Prison Life The Staff World
Staff is mostly concerned with custody and control. Officers undergo a socialization process that teaches them official and unofficial rules. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

22 Types of correctional officers: dictator friend merchant turnkey
Prison Life The Staff World Types of correctional officers: dictator friend merchant turnkey climber reformer CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

23 … uses prison rules to enforce her own brand of discipline.
Prison Staff Dictator: … uses prison rules to enforce her own brand of discipline. Some use false bravado to hide their fear of prisoners Many have sadistic personalities Is the type of correctional officer most likely to be a target for revenge CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

24 … tries to fraternize with prisoners by being “one of the guys.”
Prison Staff Friend: … tries to fraternize with prisoners by being “one of the guys.” Usually young and inexperienced officers CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

25 … participates in the prison economy.
Prison Staff Merchant: … participates in the prison economy. Supplies drugs, pornography, alcohol, and sometimes even weapons to inmates CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

26 … cares little about what goes on in the prison.
Prison Staff Turnkey: … cares little about what goes on in the prison. May be close to retirement or may have become alienated from the job “turnkey” - comes from prison language - Someone who is just there to open and shut doors and only wants to get through the day. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

27 … typically a young officer who is interested in advancement.
Prison Staff Climber: … typically a young officer who is interested in advancement. More interested in his own career than prison issues. Pursues additional schooling and training programs CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

28 … tends to lend a sympathetic ear to the personal needs of prisoners.
Prison Staff Reformer: … tends to lend a sympathetic ear to the personal needs of prisoners. Motivated by personal ideals May be very religious Seen by prisoners as naïve but harmless CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

29 Prison Riots CRIMINAL JUSTICE A Brief Introduction, 5/E
by Frank Schmalleger

30 1987 - Atlanta Federal Penitentiary
Prison Riots Attica Prison, NY Atlanta Federal Penitentiary State Correctional Institution, Camp Hill, PA Southern Correctional Facility, Lucasville, OH CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

31 Prison Riots Causes insensitive prison administration and neglected inmate demands carry-over of violent criminal lifestyles dehumanizing prison conditions, including: —overcrowding —lack of personal expression CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

32 Prison Riots Power vacuums created by:
Causes Power vacuums created by: changes in prison administration transfers of influential prisoners to other prisons court ordered injunctions that change daily routines CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

33 Stages of Prison Riots Five Stages of a Prison Riot: Explosion which involves binges (alcohol and drugs), burned buildings, hostage taking, settling of old grudges Organization into inmate led groups CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

34 Stages of Prison Riots Confrontation with authorities
Five Stages of a Prison Riot: Confrontation with authorities Termination through negotiation or physical confrontation Reaction and explanation usually by investigative commission CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

35 Prison Life Women in Prison
Increase in women in prison is due primarily to drug offenses. Approximately 6.6% of all prisoners nationwide are women. Texas has the largest number of women in prison, exceeding the federal government. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

36 Women’s Prisons CRIMINAL JUSTICE A Brief Introduction, 5/E
by Frank Schmalleger

37 Prison Inmates by Gender and Ethnicity in State and Federal Prisons, 2001
CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

38 Women’s Prisons Most women’s prisons are located in small towns.
Profile of Women’s Prisons Most women’s prisons are located in small towns. Most women’s prisons have few major disturbances or escapes. The number of women being sent to prison is on the increase. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

39 Women’s Prisons Most women inmates haven’t completed high school education. Most women’s prisons do not have programs specifically designed for women. Substance abuse among women inmates is very high. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

40 Women’s Prisons “National Survey of Programs for Incarcerated Women” Mary Clements (1991) Women’s average age is 57% are African American or Hispanic. Most come from single parent homes or broken homes. 50% have other family members in prison. 50% are high school dropouts. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

41 Women’s Prisons “National Survey of Programs for
Incarcerated Women” Mary Clements (1991) 34% left school because they were pregnant. 55% have been arrested on the average of 2-9 times. 65% have run away from home 1-3 times. 39% report that drug use makes them feel better emotionally. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

42 28% have attempted suicide at least once.
Women’s Prisons “National Survey of Programs for Incarcerated Women” Mary Clements (1991) 28% have attempted suicide at least once. 62% are single parents with children. 25% have either recently given birth or are pregnant. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

43 … has few early experiences with criminal lifestyles.
Women’s Prisons Making it in Prison, Esther Hoffman (1972) The Square: … has few early experiences with criminal lifestyles. tends to sympathize with values and attitudes of conventional society represents a small number of prisoners CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

44 … more likely to be career offender, tends to keep to herself
Women’s Prisons Making it in Prison, Esther Hoffman (1972) The Cool: … more likely to be career offender, tends to keep to herself and is generally supportive of prison values. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

45 … familiar with criminal lifestyle with repeat arrests for
Women’s Prisons Making it in Prison, Esther Hoffman (1972) The Lifer: … familiar with criminal lifestyle with repeat arrests for prostitution, drug use, and theft. Participates fully in economic, social and family aspects of prison. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

46 Prisoner Rights CRIMINAL JUSTICE A Brief Introduction, 5/E
by Frank Schmalleger

47 Pell v. Procunier (1974) Legal Basis of Prisoner Rights In Pell v. Procunier (1974) the U.S. Supreme Court established the “balancing test.” balancing test - attempts to weigh the rights of individuals against the state’s authority to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

48 Cruz v. Beto (1972) Religious Freedom
Established that prisoners must be given a “reasonable opportunity” to pursue their faith, even if it differs from traditional forms of worship. Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

49 Smith v. Coughlin (1984) Held that prisoners in segregation
Religious Freedom Held that prisoners in segregation do not have to be permitted the opportunity to attend religious services. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

50 Detmer v. Landon (1985) Religious Freedom Federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts needed for worship. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

51 Hill v. Blackwell (1985) Religious Freedom Prison regulations prohibiting the wearing of beards, even those grown for religious purposes, were held acceptable for security reasons. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

52 Prisoner Rights Prisoners also have the right to: Religious Freedom
attend services of other religious groups receive visits from ministers correspond with religious leaders observe religious dietary laws wear religious insignia CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

53 Pell v. Procunier (1974) Freedom of Speech – Contact with the Media
U.S. Supreme Court held that media interviews could be conducted through regular visitation arrangements or through correspondence, but denied prisoners the opportunity to hold special meetings with members of the press. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

54 Houchins v. KQED, Inc. (1978) Freedom of Speech – Contact with the Media News personnel cannot be denied correspondence with prisoners, but they have no constitutional right to interview prisoners or to inspect correctional facilities beyond the visitation opportunities available to others. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

55 Mallery v. Lewis (1983) Freedom of Speech Magazines that depict deviant sexual behavior can be banned, however, prisons cannot ban nude pictures of inmates’ wives and girlfriends. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

56 Procunier v. Martinez (1974)
Freedom of Speech – Contact with non-prisoners Prisoner’s mail may be censored if necessary for security. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

57 McNamara v. Moody (1979) Freedom of Speech – Contact with non-prisoners Court upheld prisoner’s right to send vulgar letters to his girlfriend, in which he made disparaging remarks about the prison staff. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

58 Bounds v. Smith (1977) Legal Assistance – Right to access the courts Right of prisoners to petition the court was recognized. It is the duty of the state to assist prisoners in preparation and filing of legal papers. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

59 Lewis v. Casey (1996) Legal Assistance – Right to access the courts
Court overturned part of Bounds v. Smith (1977). States are required to provide tools to prisoners so they can attack their sentences and conditions of confinement. But, prisoners are not guaranteed the “wherewithal to file any and every type of legal claim.” CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

60 Lewis v. Casey (1996) Prisoners also have the right to:
Legal Assistance Prisoners also have the right to: visits from attorneys mail communications with attorneys communicate with legal assistance organizations consult with “jail-house lawyers” CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

61 Ruiz v. Estelle (1982) Medical Treatment – Sanitary and healthy conditions Court found Dept. of Corrections lacking in its medical treatment programs. Court monitored the dept. while it improved its: record keeping physical facilities general medical care CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

62 Newman v. Alabama (1972) Medical Treatment – Sanitary and healthy conditions prison medical services found inadequate too few medical personnel poor physical facilities poor medical records lack of medical supplies untrained personnel determined the need for medical treatment CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

63 Estelle v. Gamble (1976) Medical Treatment – Right to medical attention for serious problems Court concerned itself with “deliberate indifference” on part of staff toward prisoner’s need for medical attention. Court held prison officials responsible for providing adequate medical care. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

64 Prisoners have the right to: food, water, and shelter
Prisoner Rights Right to Protection Prisoners have the right to: food, water, and shelter protection from foreseeable attack protection from predictable sexual attack protection against suicide CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

65 Prisoner Rights Right to Privacy
Most major Supreme Court cases have held that prisoners do not have a reasonable expectation to privacy when incarcerated. Examples: Katz v. U.S. (1967) U.S. v. Ready (1978) Hudson v. Palmer (1984) Block v. Rutherford (1984) CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

66 Hudson v. Palmer (1984) Inmate Palmer claimed that officer Hudson had destroyed some of his property during a cell search. Palmers claimed a lack of due process surrounding the destruction. Court ruled that prison officials must be able to conduct thorough, unannounced searches, and that such searches preclude the privacy of a prisoner’s personal possessions. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

67 Prisoner Rights partial return to “hands off doctrine”
Today partial return to “hands off doctrine” grievance procedures in place Prison Litigation Reform Act (1996) CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger

68 Prisoner Rights AIDS/HIV & other communicable diseases
Issues AIDS/HIV & other communicable diseases geriatric offenders mentally ill inmates CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger


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