Introduction to Criminal Justice Chapter 12

History of American Prisons Adopted much of the early correctional systems from England William Penn in 1682 adopted the “Great Law” in Pennsylvania Forbade use of torture and mutilation as punishment Felons ordered to pay restitution of property and goods to victims If they did not have enough to pay, they would be ordered to a prison or “work house” “Great Law” rescinded in 1718, harsher penalties imposed

The Walnut Street Jail Quakers passed first law that offenders are to be reformed by treatment and discipline Opened first penitentiary in a wing of Philadelphia’s Walnut Street Jail in 1790 Enforced silence and hard labor– would cause “repentance” Solitary rooms with constant menial chores Overcrowding and lack of work forced major change in the system

The Pennsylvania System Constructed Western Penitentiary (1826) and Eastern Penitentiary (1829) Based on solitary confinement Back to back cells facing outward and inward Prisoners work, slept and ate in their cells Only contact with other humans was for religious instruction

The New York System Began with Auburn Prison in 1816, under same system as Pennsylvania Noticed solitary confinement was leading to sickness, insanity and suicide Adopted the congregate system (Auburn system), based on silence and labor, but with inmates working and eating together Most prisons built before 1870 followed this format

Reform in the System 1870’s– Reformers or Progressives proposed that prisons offer promise of early release as a tool of rehabilitation (indeterminate sentences) This “new penology” was adopted by Elmira Reformatory in New York in 1876 Elmira set up three-tier system to classify and reward inmates for good behavior Medical model was popular, which treated the biological and psychological roots of each inmate’s criminal behavior

The Influences of Punishment Few prison administrators adopted many of the reform philosophies; so the day to day lives of the inmates continued to resemble the Auburn System 1974– Martinson’s famous study concludes rehabilitation programs do not lower recidivism A sharp increase in crime occurred at the same time Influenced a “get tough on crime” approach Legislature and congress adopted changes which greatly increased prison populations

Increase in Prison Populations Number of inmates in jail or prison tripled since 1985 Much of the increase can be attributed to stricter drug and firearm laws Other factors influencing growth— Increased probability of being incarcerated Inmates serving more time for each crime Federal prison growth (drug, firearm laws, sentencing guidelines)

Small Group Where are all the state prisons in Iowa located? Contest– Winner takes all/No outside sources may be consulted—Your memory Sign all names on paper– record your answers

Prisons– The Need to Separate Types of Offenders Maximum security– 16% of nation’s prisoners Violent, repeat offenders with records of misconduct (Folsum, San Quentin, Sing Sing, Attica) Emphasis on security, control, surveillance Concrete walls, reinforced razor wire, armed guard towers Also have a “super max” for the most dangerous inmates– Have killed another inmate, or uncontrollable

Medium and Minimum Security Prisons For less serious crimes, lower risk of violence or escape Rarely walled, rely on high fences, perimeters and security patrols Educational and treatment programs more prevalent More freedom of movement for offenders, lower level of surveillance Deterrence to misconduct? Possible transfer to maximum security

Minimum Security Prisons Houses first time, non-violent, compliant offenders Lax security, often not fenced, few armed officers Inmates often allowed off grounds for education or employment Some call them “country clubs”– Not to those incarcerated

Question??? Why do we make the minimum security facilities less harsh than maximum? Should those in minimum security facilities have to suffer the same hardships as those in higher custody prisons?

Administration of Prisons Very difficult operations to run– Not enough money, overcrowding, continual inmate turnover, Federal Courts’ restrictions Hierarchical structure, with rigid chain of command Warden (Superintendent) is the chief administrator Separate functions for custody, treatment Those units can be at cross purposes in their objectives

Private Prisons Have emerged since 1980’s, now have 200 nationwide Can be run more cheaply, and efficiently due to: Lower labor costs Competitive bidding Less government restriction (red tape)

Disadvantages of Private Facilities Private prison management may cut corners to save costs which can endanger inmates Inmates in a private facility are twice as likely to be assaulted as those in public prison Some feel it is only appropriate for a public agency to oversee the coercion of some citizens by other citizens (deprivation of liberty) Only government should have the ability to punish

Jails Managed locally by counties, house persons who are: Awaiting trial or sentencing Serving time for misdemeanors Arrested for probation/parole violations Juveniles awaiting transfer to juvenile authorities Mentally ill waiting transfer to institutions Material witnesses Felons waiting transfer to state custody “In-jail” programs

Composition of Jail Population in U.S. 714,000 in jail each day in U. S. (overcrowded) 88% are male, but women are increasing Disproportionate number of minorities 62% have been convicted already– sometimes sentenced to “time served” Jail terms are usually too short (30-90 days) to allow any benefit from programs

Impact of High Incarceration Rates We are preventing crime by incapacitating those most likely to commit a criminal act -- especially repeat offenders Families of those incarcerated suffer financial hardship, reduced supervision and discipline of children, deterioration of the family unit African American males more likely to be sentenced to prison– 8.6% of 25-29 age group vs. 1.2% of white males Serious negative effect on whole generation, and entire African American community