CHAPTER 13 • Prisons and Jails
Prisons • A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement. • The use of prisons as a place to serve punishment is a relatively new way to handle offenders.
Early Punishments • Were often cruel and torturous: • Generally fit the doctrine of lex talionis: • Law of retaliation • “An eye for an eye”
Early Punishments • Types of early punishments: • Flogging • Mutilation • Branding • Public humiliation • Workhouses • Exile
The Emergence of Prisons • It is unknown when the first prison was established. • Punitive imprisonment noted in Europe in the Middle Ages. • American prisons began in the late 1700s. • Early confinement facilities stressed reformation over punishment.
The Penitentiary Era 1790--1825 • Philadelphia Penitentiary begun by Quakers for humane treatment of offenders. • Rehabilitation through penance (solitary confinement and Bible study). • Known as the “Pennsylvania System.”
The Mass Prison Era 1825--1876 • Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor. • This Auburn System was the primary competitor to the Pennsylvania System.
The Reformatory Era 1876--1890 • Based on the use of the indeterminate sentence. • Believed in the possibility of rehabilitation, especially for youthful offenders. • Elmira Reformatory attempted reform rather than punishment. • A system of graded stages in educational, behavioral and other goals gave way to the system of “parole.” • Ultimately considered a failure, since recidivism was still a problem.
The Industrial Era 1890--1935 • Prisoners used for cheap labor. • Industrial production in the North; agriculture in the South. • Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system. • Labor unions complained that they could not compete. • The passage of the Hawes-Cooper Act and Ashurst-Sumners Act limited inmate labor. • Some prison industries exist today.
The Punitive Era 1935--1945 • Characterized by belief that prisoners owed a debt to society. • Custody and institutional security the central values. • Few innovations.
The Treatment Era 1945--1967 • Medical model suggested inmates were sick and needed treatment. • Most treatments include individual or group therapy. • Other forms of therapy include: • Behavior therapy • Chemotherapy • Neurosurgery • Sensory deprivation • Aversion therapy
The Community-Based Era 1967--1980 • Based on premise that rehabilitation cannot occur in isolation from the real world. • Prisons considered dehumanizing. • Led to innovations in the use of volunteers and the extension of inmate privileges. • Programs include: • Half-way houses • Work-release • Study-release
The Warehousing Era 1980--1995 • Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. • Nothing works doctrine. • Prison overcrowding became widespread. • Greater emphasis on incarcerating non-violent drug offenders.
The “Just Deserts” Era 1995--present • Based on the justice model. • Emphasis on individual responsibility and punishment. • Imprisonment is a proper consequence of criminal and irresponsible behavior. • Chain gangs, “three-strikes,” and reduced parole.
Prisons Today: Numbers and Types of Prisons • Approximately • 1,325 state prisons • 84 federal prisons • 482 state and federal prisoners per 100,000 population • On January 1, 2004, state and federal prisons held 1,461,191 inmates. Slightly more than 6.9% of those imprisoned were women.
Prisons Today: Sentences • In state prisons: • 49% are violent criminals • 19% are property criminals • 20% drug law violators In federal prisons: • 61% are drug law violators
Prisons Today: Race • The rate of imprisonment for African American males is nine times that of white males. • Bureau of Justice Statistics states that a black male in America has a 32.3% lifetime chance of going to prison; white males have a 5.9% chance.
Prisons Today • The size of prisons vary. • The typical state prison is small. • It costs about $62 a day per inmate.
Prisons Today: Typical System • 1 high security • 1 or more medium security • 1 for adult women • 1 or 2 for young adults • 1 or two specialized mental hospital- type security prisons • 1 or more open-type institutions The typical state prison system has:
Overcrowded Prisons • Prison capacity—The size of the correctional population an institution can effectively hold. There are three types of prison capacity: • Rated • Operational • Design • Rhodes v. Chapman (1981)—Overcrowding is not by itself cruel and unusual punishment. Overcrowding is a serious issue.
Selective Incapacitation • Selective incapacitation is a strategy may reduce prison population. • Career offender statutes support selective incapacitation, though some criticize the notion of false positives.
There are three security levels: Maximum Medium Minimum Security Levels in State Prison Systems
Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates. They provide a high level of security with: High fences/walls of concrete Several barriers between living area Secure cells Armed guards Gun towers Maximum Security
Medium security prisons are similar in design to maximum security facilities; however, they: Usually have more windows. Tend to have barbed wire fences instead of large stone walls. Sometimes use dormitory style housing. Medium Security
Medium security prisons allow prisoners more freedom, such as: Associating with other prisoners Going to the prison yard or exercise room Visiting the library Showering and using bathroom facilities with less supervision An important security tool is the count. The process of counting inmates during the course of a day. Times are random, and all business stops until the count is verified. Medium Security
In minimum security prisons: Housing tends to be dormitory style. Prisoners usually have freedom of movement within the facility. Work is done under general supervision only. Guards are unarmed, and gun towers do not exist. Fences, if they exist, are low and sometimes unlocked. “Counts” are usually not taken. Prisoners are sometimes allowed to wear their own clothes. Minimum Security
Classification systems determine which custody level to assign an inmate to. Assignments are based on: Offense history Assessed dangerousness Perceived risk of escape Other factors Inmates may move among the security levels depending on their behavior. Internal classification systems determine placement and program assignment within an institution. Prison Classification System
The Federal Prison System
Federal Prison System • 1895—Leavenworth, Kansas—First non- military federal prison opens. • 1906—Second federal prison opens in Atlanta. • 1927—Alderson, West Virginia—First federal prison for women. • 1933—Springfield, Missouri—Medical Center for federal prisoners. • 1934—Alcatraz begins operations. History
Today’s federal prison system consists of: 104 institutions 6 regional offices The Central office (headquarters) 2 staff training centers 28 community corrections offices At the start of 2004, there were approximately 162,000 prisoners (up from just over 24,000 in 1980). Today’s Federal Prison System
The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels. Administrative maximum (ADMAX) High security (U.S. penitentiaries) Medium security (federal correctional institutions) Low security (federal correctional institutions) Minimum security (federal prison camps) Additionally, there are administrative facilities, like metropolitan detention centers (MDCs) and medical centers for federal prisoners (MDFPs). Federal Prison System
Administrative Maximum (ADMAX) In 1995, the federal government opened its one and only ADMAX prison: • Ultra-high security • 575 bed capacity • Inmates confined to cells 23 hours per day • Inmates cannot associate with one another • Only toughest 1% of federal prison population is confined there • Holds mob bosses, spies, terrorists murderers, escape artists, etc.
High Security—U.S. Penitentiaries There are 8 high security facilities, holding 10% of the federal prison population. • Examples: • Atlanta, GA • Lewisburg, PA • Terre Haute, IN • Leavenworth, KS They are designed to prevent escapes and contain disturbances by using: • Intense electronic surveillance • Armed perimeter patrols.
Medium Security—Federal Correctional Institutions • There are 26 medium security prisons holding 23% of the federal prison population. Examples: Terminal Island, CA • Lompoc, CA • Seagoville, TX • They are guarded by double chain link fence and electronic monitoring of grounds.
Low Security—Federal Correctional Institutions There are 17 low security facilities, holding 28% of the federal prison population. They are surrounded by double chain link fences and do vehicle patrols of perimeter.
Minimum Security— Federal Prison Camps • There are 55 minimum security prisons, holding 35% of the federal prison population. • Examples: • Elgin Air Force Base, FL • Maxwell Air Force Base, AL Essentially, they are unfenced honor-type camps using barrack style housing.
Federal Prison System: Administrative Facilities The federal prison system’s administrative facilities are institutions with special missions. • Metropolitan Detention Centers (MDCs) • Generally located in large cities, close to federal courthouses • Hold inmates awaiting trial (like jails) • Medical Centers for Federal Prisoners (MCFP)
Original purpose—Short-term confinement of suspects following arrest and awaiting trial. Current use—Jails hold those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial. Jails
Jails Annually, 20 million people go to jail. In 2004, jails held 691,301inmates. • 12% women • 6,869 juveniles • 25% awaiting arraignment or trial • More than 50% convicted offenders • Jails also hold inmates who cannot fit in the overcrowded prisons. Jail authorities supervised another 71,371 inmates under certain community-based programs.
Jails There are 3,365 jails in the U.S. • Most jails are small, designed to hold 50 or fewer inmates. • Some jails are very big, like “mega-jails” in LA and NYC. • 6% of all jails hold over 50% of all prisoners. There are 207,600 correctional officers. • 3/1 inmate/staff ratio The average cost to jail a person for a year is $14,500.
Women face a number of special problems, including: Inadequate classification systems Lack of separate housing Low educational levels Substance abuse Pregnancy Motherhood Inadequate substantive medical programs Women and Jail
Women make up 22% of correctional officer force in jails. Female officers are committed to their careers and tend to be positively valued by male counterparts. However, A disproportionate number of female personnel held lower ranking jobs. 60% of support staff is female 10% of chief administrators is female Issues can arise when member of the opposite sex are assigned to watch over inmates. Women and Jail
Many jails are old and overcrowded. By the end of 1980s, many jails were so overcrowded that court-ordered caps forced some early releases. At midyear 2004, occupancy was at: 94% rated capacity for jails serving more than 1000 inmates. 64% rated capacity in those with fewer than 50 inmates. Growth of Jails
A new jail architecture and management strategy is called direct supervision.These jails: Use a system of pods or modular self-contained housing areas Have a more open environment, using Plexiglas instead of thick walls to separate areas Use softer furniture May use “rooms” instead of cells Direct Supervision Jails
Direct supervision jails Reduce inmate dissatisfaction Deter rape and violence Decrease suicide and escape attempts Eliminate barriers to staff-inmate interaction Give staff greater control Improve staff morale Reduce lawsuits Benefits of Direct Supervision Jails
National efforts are underway to improve quality of jail life by: Adding critical programs for inmates Increasing jail industries Jail “boot camps” Creating regional jails Implementing jail standards Future of Jails
The movement toward greater use of private prisons began in the 1980s. In 2004, private prisons held 5.7% of all state and 12.6% of all federal prisoners. Most states that use private prisons do so to supplement their own system. Private prisons can: Reduce overcrowding Lower operating expenses Avoid lawsuits Privatization
Large scale privatization is hindered by: Laws prohibiting private sector involvement in correctional management Possibility of public employees striking Liability and other legal issues Hurdles to Large-Scale Privatization