1. Introduction to Criminal Justice
Chapter 12

2. 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“Great Law” rescinded in 1718, harsher penalties imposed

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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

10. 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

11. 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

12. 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

13. 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?

14. 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

15. 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)

16. 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

17. 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

18. 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

19. 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 age group vs. 1.2% of white males
Serious negative effect on whole generation, and entire African American community