Life in Prison: Conditions and Consequences of Incarceration

1. �Life in Prison: Conditions and Consequences of Incarceration Outline of Topics Inmate Society & Adaptations to prison Prisoners� Rights Getting Out of Prison

2. �Life in Prison: The conditions of imprisonment Prison as Total Institution Pervasive presence of violence Adaptation to prison ? �Prisonization� Distinct modes of individual adaptations to prison? A common typology is: Jailing Gleaning doing time Snitching freaking out

3. �Life in Prison: the �Inmate Society� Reflect distinct social structure & value code Documented by studies in the 1950s Klemmer (1951) The Prison Community Sykes (1958) The Society of Captives Situation changed in the 1960s & 1970s Broader social changes in society Racial divisions became more sharply drawn Prison riots and disorders More political organization Growth in prison gangs Legal decisions and recognition of Prisoner Rights Greater heterogeneity & multiple subcultures

4. �Life in Prison: Variations Importance of Security Levels Different levels in deprivation & control Different levels in violence and threat �Total institutions� become �Partial institutions� at lower security levels Differences among the security levels? Physical facilities Social organization and management Resident population compositions How many levels and how distinct are they?

5. II. Prisoners� Rights: What are legal rights of convicted offenders? While serving their sentences: conditions of custody and confinement After serving their sentences: legal status after �paying their debt� (i.e., sex offenders; loss of civil rights) Two constitutional provisions have had wide relevance for how convicted offenders treated 8th Amendment & 13th Amendment

6. Constitutional Provisions: 13th Amendment, Section 1: Neither slavery nor servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted Other constitutional provisions?

7. II. Prisoners� Rights: Conditions of confinement and custody Before 1960, little legal attention to treatment of prison inmates reflecting: Common law perception that Conviction = �Civil Death� (13th Amendment) Judicial practice = �Hands Off Doctrine� Held that corrections should be viewed as an executive (not judicial) function The 8th amendment applies only generally

8. Prisoners� Rights: (cont.) The Due Process revolution in the 1960s changed this by recognizing legal rights of prisoners Period of social activism & challenges to the law Politically aware and connected prisoners Activist Supreme Court Note the Due Process revolution affected two distinct legal areas Rights of persons accused of crimes (but not yet convicted) Rights of persons convicted of crimes (and in state custody)

9. Prisoners� Rights: (cont.) Landmark decision: Cooper v. Pate (1964) Cooper v. Pate established the right of prisoners to sue for civil rights violations (Black Muslims at Stateville) Concerned right to religion & worship Brought under Civil Rights Act of 1871 Applies the basic �due process� guarantees of constitution even to convicted prisoners Suggests that the �civil death� under the 13th Amendment is not absolute Assigns to the Courts a greater oversight role

10. Prisoners� Rights: (cont.) Cooper v. Pate (1964) was decided in limited, case-specific grounds But it opened door for many other cases to follow on other issues And it initiated the Prisoners� Rights movement Substantive legal rights Access to legal process and resources 1st Amendment rights (i.e., speech & religion) Medical rights Procedural Due Process for prison discipline Brutality & use of force Conditions of confinement Methods of execution

11. Prisoners� Rights: (cont.) Most prisoners� rights suits have invoked either Civil Rights acts (1871)(1963) or the 8th Amendment �Cruel & unusual punishment� (8th Amend.) Not initially defined in the amendment Has been �defined� through many court decisions �shocks the conscience� �degrades the dignity of human beings� �fundamentally unfair� �deliberate indifference� to personal safety & well-being �flagrant disregard for� due process �disproportionate to the offense for which sentenced� �punishes according to person�s status rather than action�

12. Prisoners� Rights: (cont.) What are the major debates or disputes? Prisoners� Rights vs. Prison Security Prisoners� rights may be infringed when there is compelling public or correctional interest Prisons are expected to make reasonable accommodation (considering costs & security) Prisoners� Rights vs. Victims� Rights Sense of justice for victims Security of potential victims Prisoner litigation prompted a political backlash Federal passage of Prison Litigation Reform Act in 1996 to restrict litigation by prison inmates Recent court decisions suggest a partial return to the �Hands Off Doctrine�

13. III. Exiting Prison: �Getting Out� Prison is generally intended to be a limited period of confinement, not a permanent state 93% of inmates are eventually released into society Need to consider two general questions: How do convicted offenders get released? What happens to them after they are released?

14. A. How Do Offenders get Released? Several ways that inmates are released from incarceration: Unconditional Release � after they have served the full length of their sentence in prison (15%) Parole � Conditional release into community under supervision prior to end of full sentence (74%) Commutation � lessening or suspension of the remainder of the sentence without overturning conviction Pardon � suspension of the remainder of sentence by overturning the conviction Furlough � temporary or periodic release into community for special purposes

15. A. How Offenders get Released Most common form of release = Parole � (74% in 2003 vs. 78% in 1977) Mandatory Release � release when unserved portion of sentence equals earned good time 52% in 2003 6% in 1977 Discretionary Release � release on the discretionary judgment of parole board 22% in 2003 72% in 1977

16. Release on Parole: (cont.) Parole boards Reduced roles of parole offices with mandatory release Conflicting roles of parole officers Conditions of Parole Revocation of Parole Causes of revocation Technical violations (about �) New crimes (arrests or convictions) (about �) Revocation hearings Intensive Parole Supervision

17. Release on Parole: (cont.) Effectiveness of Parole: (2 senses) Successful completion of parole period Staying crime-free after parole period Parole Failure Rate = about 65 % are rearrested within 3 years About 50% are returned to prison 25% fortechnical violations & 25% for new crimes Highest rearrest rates = property crime offenders (about 75%) Lowest rearrest rates = violent crime offenders (40-45%)

18. Release on Parole: (cont.) Why do released offenders fail? Personal characteristics Impact of prison and readjustment problems Lingering effect of a criminal record Permanent effect of being a convict Enduring stigma of criminal record Expungement? Loss of civil rights

19. Rights lost upon conviction? 14 states permanently deny felons the right to vote 18 states suspend right to vote until sentence completed 19 states terminate parental rights 29 states consider felony conviction legal grounds for divorce 6 states deny felons the opportunity for public employment 31 states disallow convicted felons right to serve on juries 29 states prevent convicted felons from holding public office Federal law prohibits ex-convicts from owning guns & all states (except Vermont) have additional limitations on gun ownership 46 states require that felons register with police agencies (note that in 1986 only 8 states had this requirement) 4 states still practice full �civil death� (or loss of all civil rights) for ex-convicts