Punishment and Correction Chapter 18
Objectives • Be familiar with the early history of punishment • Describe the development of the prison as a means of punishment • Describe the nature of probation and its various services • Discuss the effectiveness of probation and the concept of revocation • Be familiar with the various forms of alternative sanctions • Know the purpose served by jail, its problems, and what is being done to improve jail conditions • Describe different types of correctional facilities and their level of security • Understand the experience of living in prison • Discuss correctional treatment and the nature of prison violence • Show how the problems of parolees and inmate reentry have influenced the correctional system
The Goals of Criminal Punishment • Deterrence • Specific deterrence • Incapacitation • Rehabilitation • Diversion • Desert/retribution • Equity/restitution • Restoration
Imposing Punishment • Mandatory prison terms • Impact statements • Concurrent sentence • Consecutive sentence
Sentencing Structures Indeterminate Sentence: used in a majority of states • Those convicted of criminal offenses are given a short minimum sentence that must be served and a lengthy maximum sentence that is the outer boundary of the time they can possibly serve. Example 1 year and a max. 20 years
Sentencing Structures Determinate Sentence: most jurisdictions suggest appropriate prison terms, gives the convicted criminal a set number of years to be served in prison. • Modern versions of determinate sentencing reflect an orientation toward desert, deterrence, and equality at the expense of treatment and rehabilitation
Sentencing Structures • Structured sentencing: guidelines used to control and structure the sentencing process and make it more rational • Legal Challenges: recent decisions have found that some sentencing guidelines were in violation of the defendant’s Sixth Amendments rights
Sentencing Structures • Mandatory sentences: requires the incarceration of all offenders convicted of specific crimes, limits judge’s discretion • Truth in Sentencing: require offenders to serve a substantial portion of their prison sentence behind bars, not less than 85% of their sentence
Sentencing Disparity • It is common for people convicted of similar crimes to receive widely different sentences • Few defendants actually serve their entire sentences • State sentencing factors: severity of the offense, offender’s prior criminal record, whether offender used violence, used a weapon, whether crime was committed for money
The Death Penalty • Arguments for the death penalty • Arguments against the death penalty • Legal issues • Crimes for which the death penalty can be employed have been limited to intentional or felony murder • People who are mentally ill may not be executed • Court set an age limit of 18 years as the age of defendants who could be sentenced
Correcting Criminal Offenders • More than 1,600 adult correctional facilities in the United States • These include: prisons, prisons hospitals, prison farms, and boot camps; centers for reception, classification or alcohol and drug treatment; and community-based facilities, such as halfway houses, group homes, and work-release centers.
Probation • Practiced in every state and by the federal government • Used for both adult and juvenile offenders • Judges are influenced by personal views and the presentence reports of the probation staff • Once on probation, offender must follow a set of rules or conditions, the violation may revoke probation and reinstate prison sentence
Intermediate Sanctions • Fines • Forfeiture • Restitution • Split Sentencing and Shock Probation • Intensive Probation Supervision • Home Confinement/ Electronic Monitoring • Residential Community Corrections • Boot Camps/ Shock Incarceration
Jails • Confines persons before or after adjudication • Inmates sentenced to jail usually have a sentence of one year or less • Receives individuals pending arraignment and holds them awaiting trial, conviction, or sentencing • Readmits probation, parole and bail-bond violators • Holds temporary detained juveniles pending transfers to juvenile authorities • Receives mentally ill persons pending movement to mental health facilities • Holds transfer inmates to federal, state, or other authorities
Prison • Prisons usually are categorized according to their level of security and inmate populations • Maximum security • Medium security • Minimum security • Federal and State prisons house most of the nation’s incarcerated felons • Prison population has skyrocketed in the past few years, recent data indicates that the boom may be leveling off
Prison Inmates: Males • Inmates in state prisons are predominately poor, young adult males with less than a high school education • Longer sentences have dictated an aging inmate population • Prison inmates who are aged 50 and beyond will make up 33 % of the prison population • Over 60% have been incarcerated before
Prison Inmates: Female • Women make up between 5 and 6 % of the population • Percentage of women in prison is increasing • Women in prison, three basic types • The Square • The Life • The Cool • Few female inmates experience the violent atmosphere common in male institutions, nor do they suffer the racial and ethnic conflict and divisiveness • They seem to receive more social support from both internal and external sources.
Correctional Treatment • An integral part of prison life • More than 90 % of all prison inmates participate in some form of program or activity after admission • Substance abuse education and awareness is the most common form of treatment • Medical model • Reintegration into the community
Correctional Treatment Program Types • Therapy and counseling • Therapeutic communities • Education programs • Vocational programs • Private industry • Self-help groups
Inmates Rights • Courts have recognized that inmates have rights– which include: • Access to the courts and legal counsel • The exercise of religion • The rights to correspondence and visitation • The right to adequate medical treatment
Parole • Is the planned release and community supervision of incarcerated offenders before the expiration of their prison sentences. • The decision to parole is determined by statutory requirement and usually involves the completion of a minimum sentence.