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Corrections in America An Introduction Eleventh Edition

Corrections in America An Introduction Eleventh Edition. Allen, Latessa, Ponder and Simonsen. Chapter 18: Special Category Offenders . Special Category Offenders. Offenders who have many more problems than the general population Mentally disordered offenders

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Corrections in America An Introduction Eleventh Edition

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  1. Corrections in AmericaAn IntroductionEleventh Edition Allen, Latessa, Ponder and Simonsen Chapter 18: Special Category Offenders

  2. Special Category Offenders • Offenders who have many more problems than the general population • Mentally disordered offenders • Developmentally challenged offenders • Sex offenders • HIV-infected offenders • Geriatric offenders

  3. Mentally Disordered Offender • Middle Ages – possessed by devils and demons; punished harshly; later confined to asylums • Mid 1800’s – rid society of misfits, numerous institutions built • 1960’s – rights of all citizens reexamined • Deinstitutionalization • Transcarceration

  4. Transcarceration • Process by which the mentally disordered have been diverted from mental health facilities and centers in local counties and state institutions into correctional facilities

  5. Mentally Ill Inmates • 1960’s to 1980’s • Treated in communities • Depression, schizophrenia, anxiety disorders • Treated with medications • Few community based programs • Criminal Confinement Facilities • 15% of offenders – severe or acute mental illness (10-15% commit suicide)

  6. Avoiding Criminal Responsibility • Not guilty by reason of insanity • Incompetent to stand trial

  7. Not Guilty by Reasonof Insanity • The accused assert that they did not have the competency to understand the nature of their acts or that they were wrong: • The defense does not deny the act but asserts that the accused should not be punished due to mental incapacity or incompetence of the accused

  8. Not Guilty by Reasonof Insanity: cont. • This defense is seldom attempted and is rarely effective

  9. Mental Incompetency • Is established when there is found to exist an essential privation of reasoning faculties, or • When a person is incapable of understanding acting with discretion in the ordinary affairs of life

  10. Incompetent To Stand Trial: cont. • Persons found incompetent to stand trial are usually committed to a mental institution until restored to competency

  11. Asylums for the Criminally Insane • Persons adjudicated incompetent to enter a plea or stand trial • Defendants found not guilty by reason of insanity • Persons adjudicated under special statutes • Convicted and sentenced offenders who have become mentally disturbed • Other potentially hazardous mentally ill persons requiring special security during evaluation and treatment

  12. Guilty, But Mentally Ill • The accused is guilty of the crime and mentally ill, but there is not sufficient reason to allow the accused to escape criminal responsibility

  13. Guilty, But Mentally Ill: cont. • The convicted offender is sentenced to confinement in either a correctional facility or a mental institution for treatment

  14. Developmentally Challenged Offender (Retardation) • Intellectual level and social adaptability measure well below average (IQ: 69 and below) • 4-9% of prison population • Need to learn skills and coping mechanisms, which allow them to lead more satisfactory and productive lives

  15. Sex Offenders • Rape or attempted rape • Child Molestation • Incest • Exhibitionism or Voyeurism • Miscellaneous offenses involving a sexual motivation (Arson, Burglary)

  16. Reported Female Rapes: 1991-2003

  17. Forcible Female Rape: 1991-2000 (rate per 100,000 females)

  18. Child Abusers • Any act of commission or omission that endangers or impairs a child’s physical or emotional health and development: • Physical (such as neglect) • Emotional (such as abandonment) • Sexual (exploited for sexual or prurient purposes)

  19. Child Molester • One who injures or has questionable sexual relations or dealings with a person under the age of puberty or legal age: • Fondling • Rape • Indecent exposure, etc.

  20. PA Megan's Law Website

  21. AIDS • An almost always lethal disease caused by a virus, for which there is neither vaccine nor cure (Human Immunodeficiency Virus or HIV) • Combinations of anti-viral drugs can slow the progress of the disease

  22. AIDS: cont. • The virus attacks the ability of the body to fight off ordinary infections and can lethally disrupt body functions (Acquired Immune Deficiency Syndrome or AIDS)

  23. Population with Confirmed AIDS: 1995-2002 (in percent)

  24. AIDS-Related Deaths in State Prisons: 1991-2002

  25. Inmate Deaths in State Prisons: 1995-2002

  26. Geriatric Offenders • Elderly offenders in community corrections and in confinement facilities who are age 50 or older, although some states define the lower limit as 55 years old

  27. Summary • Some inmates have special problems that distinguish them from the general population and pose administrative and custody challenges • Treatment can reduce their recidivism rates

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