Corrections Exam 1 (Ch1,2,3,4,5).txt

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Corrections Exam 1 (Ch1,2,3,4,5).txt
2013-09-25 18:44:13

Corrections Exam 1
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  1. Corrections
    the range of community and institutional sanctions, treatment programs, and services for managing criminal offenders
  2. Mission of Corrections
    • protection of society
    • (including: surveillance & control, treatment & rehab, incarceration)
  3. Criminal Justice System
    Police, Corrections, and Courts
  4. Correctional Funnel
    the large numerical difference between the number of crimes reported and the number of offenders convicted
  5. Classical School of Criminology
    • Cesare Beccaria
    • free will
    • deterrence
    • hedonism
  6. Positive School of Criminology
    • Cesare Lombroso
    • non-free will
    • biological, psychological, and sociological causes of crime
    • punishment should fit the crime
  7. Neoclassical School of Criminology
    • Gabriel Tarde
    • considers mitigating and aggravating circumstances
    • intent plays a big role in determining guilt, partially used today
  8. Walnut Street Jail
    • individual cells
    • not permitted to talk to each other
    • often masked to hide their identities
    • inmates were provided work such as handicrafts during the day
    • inmates were encouraged to read the Bible and repent for their crimes
  9. Pennsylvania Prison
    • separate and silent
    • solitary confinement
    • hard labor within the cells
    • repentance
    • caused mental problems
    • short lived
  10. Auburn Prison
    • congregate and silent
    • work in groups
    • repentance and hard labor
    • fewer mental problems
    • adopted by other states
  11. Reformatory Era (1870-1910)
    replaced the Auburn System with an emphasis on education and vocational programs
  12. Industrial Era (1910-1935)
    emphasis on work and producing products for sale (manual labor - brings in money for the prison)
  13. Period of Transition (1935-1960)
    lack of programs, much idleness, prisoner discontent, the "hands-off" doctrine
  14. Rehabilitative Era (1960-1980)
    option of the medical model of criminality, emphasis on treatment programs
  15. Retributive Era (1980s-modern times)
    emphasis on incapacitation and tough on crime laws, mass imprisonment
  16. Acts of Congress Regarding Prison Industries:
    • [Hawes-Cooper Act 1929] [Ashurst-Sumners Act 1935&1940]
    • limited the sale of prison-made products on the open market
    • drove other companies out of business - needed to be regulated
  17. Rehabilitative Model
    emphasized the professionalizing of staff through recruitment and training, implementation of many self-improvement programs of prison management
  18. Medical Model
    offenders are sick, inflicted with problems that caused their criminality (need to be diagnosed and treated), would resolve offenders' problems and prepare them for release into the community
  19. Reintegration Model
    after offenders complete their treatment in prison they need transitional care, the community must be involved in their successful return to society
  20. Punishment
    infliction of pain and suffering
  21. Retribution
    punishment for those who deserve it
  22. Deterrence
    specific and general
  23. Incapacitation
    removing potential for criminality (jail or prison)
  24. Rehabilitation Definition
    programmed efforts to change the attitudes and behaviors of offenders
  25. Restitution
    paying for harm to victims and society (restoration) - restorative justice
  26. Steps in the Legal Process Prior to Trial
    • 1) pretrial detention (jail)
    • 2) bail
    • 3) supervision alternatives
    • 4) diversion
    • 5) legal representation
  27. Pretrial Process for a Felony
    • mores serious
    • possible incarceration of more than one year
    • potential sanctions are more severe
  28. Pretrial Process for a Misdemeanor
    • less serious
    • possible incarceration of less than one year,
    • often involve community-based sanctions
  29. Location of Defendant Pretrial
    • 1) pretrial detention
    • 2) release on own recognizance or posting of bail
    • 3) pretrial diversion
  30. Release on own Recognizance (RoR)
    offender signs a promise to appear in court
  31. Bail
    amount of money the offender must post in cash or with a bondsman (surety) to guarantee his appearance in court
  32. Setting of Bail Depends on
    • the seriousness of the crime
    • offender's prior criminal record
    • offender's ties to the community
    • the likelihood the offender would flee the jurisdiction
  33. Pretrial Diversion
    the suspension of the criminal process while the offender is provided the chance to participate in treatment programs
  34. Alternatives to Bail
    • ROR
    • unsecured bond
    • percentage bond
    • third-party custody
    • collateral
    • surety bond
  35. Unsecured Bond
    offender promises to pay a certain amount of money if he fails to appear in court
  36. Percentage Bond
    offender must pay a portion of the bond amount in cash or other security to guarantee his appearance in court
  37. Third-Party Custody
    offender is placed with a person or organization pending trial
  38. Collateral
    offender pledges property to secure his appearance in court
  39. Surety Bond
    payment of money to a bondsman who guarantees the offender's appearance in court
  40. Manhattan Bail Project (1960s)
    project successfully reduced overcrowding and met public's concern for supervision of pretrial offenders
  41. Judge's Options Pretrial
    • RoR
    • posting of bail (cash or surety)
    • no bail
    • pretrial detention
    • supervised pretrial release for higher-risk offenders
  42. Process of Plea Bargaining
    • (90% of cases)
    • defendant enters plea or guilty to lesser charge
    • prosecutor agrees to lesser sentence
    • prosecutor agrees to dismiss some charges in exchange for a guilty plea to others
    • prosecutor gets conviction without cost of trial
    • [without plea bargaining, the crju system would come to a complete halt]
  43. Purposes of PSI
    • used in sentencing by court
    • determining supervision needs during probation
    • for research purposes
    • used by the parole board in making release decisions
    • used by prison officials in classifying offenders and determining program needs
  44. PSI
    • put together by probation officers (offer a recommendation on sentencing)
    • the status of the case
    • offender's statement of responsibility
    • financial ability to pay
    • sentencing options
    • prior criminal history
    • information about the offense
    • victim impact information, offender characteristics, recommended outcome
  45. Sentencing Options
    • economic sanctions (i.e.: fines)
    • probation
    • intermediate sanctions
    • short-term confinement (i.e.: "shock")
    • imprisonment
    • capital punishment
  46. Indeterminate Sentencing
    • sentences have a minimum and maximum time to serve
    • a parole board determines the actual amount of time served
  47. Determinate Sentencing
    • sentence with a fixed term
    • the defendant is still entitle to earn "good time"
  48. Concurrent Sentences
    if the defendant is convicted of more than one offense, the sentences are served at the same time (based on the discretion of the judge)
  49. Consecutive Sentences
    if the defendant is convicted of more than one offense, the sentences are served one after the other (based on the discretion of the judge)
  50. Truth-in-Sentencing Statutes
    • the offender serves the sentence imposed, not the uncertainty of the indeterminate sentence model
    • inmate must serve 85% of their total time
    • prison populations increased - use "good time" to control the population
    • states that adopted these laws were awarded federal funds to build more prisons
  51. Discretion in Sentencing
    • limited in sentencing guidelines
    • if there are mandatory minimum sentence
    • three strikes law (3 convictions = life sentence)
  52. Presumptive Sentencing
    predetermined range of a minimum, average, and maximum term for specific
  53. Sentencing Guidelines
    structured sentences that take into account the severity of the crime and offender's prior criminal history
  54. Mandatory Minimum Sentences
    • used for certain types of offenders (habitual criminals, sexual predators)
    • used for certain crimes (violent crimes, crimes with a gun, distribution of narcotics
  55. Drug Courts
    • created to deal with the underlying drug problem as the basis of the offender's criminal behavior
    • emphasis on drug treatment to combat recidivism
  56. Mental Health Courts
    • identify those with mental illness
    • treat the illness
    • team approach, increase public safety
  57. Penitentiary Act of 1779
    • secure and sanity
    • systematic inspections
    • no fees to prisoners
    • reformatory regime
  58. Categories of Offenders in Jail
    • pending arraignment, awaiting trial, conviction, or sentencing
    • probation, parole, and bail bond violators
    • juveniles, pending transfer to juvenile authorities
    • mentally ill, pending movement to mental health facilities
    • military, for protective custody, contempt, or as court witnesses
    • inmates pending transfer to state or federal facilities
    • offenders assigned to work release
    • inmates sentenced for misdemeanor offenses
  59. Regional Jails
    • Sheriff (or elected county official) has responsibility for jail management
    • Funded and operated by multiple small counties to maximize resources
  60. Reasons for Increased Incarceration Rates
    • "tough on crime" mentality
    • "shock time"
    • overcrowding of state and federal prisons
  61. Jail Admission
    • identification, fingerprinting, property is inventoried
    • post bail - release
    • doesn't post bail - classification, mental health screening, physical
  62. Classification of Jail Inmates
    • need for detox?
    • potential suicide risk?
    • protective custody?
  63. Leading Cause of Death in Jail
  64. Jail Staff Jobs
    • deputies assigned to housing units
    • transportation of inmates between jail and court
    • clerical and maintenance
    • administrative
    • professional and technical
  65. First Generation Cells
    • linear design in which cells are aligned in long, straight rows with walkways in front of them
    • problem: correctional officers cannot see everything going on in the cells
  66. Podular Design
    • common area in the middle of the cells for inmate recreation
    • problem: common area could be an issue - disputes between inmates
  67. Second Generation Jails
    • officers in a secure control room overlooking cells and day room
    • problem: correctional officers are removed from interaction with inmates, technological problems
  68. Third Generation Jails
    • Officers are located in the housing unit in direct contract with inmates
    • problem: correction officers have direct contact with inmates (i.e.: riots)
  69. Issues Related to Jails
    • mental illness
    • drug and alcohol addictions
    • suicide
    • sexual assault
    • housing juveniles
  70. Bell v. Wolfish (1979)
    • federal jail in NYC was overcrowded - did this violate the 8th amendment?
    • Supreme Court ruled that it did not violate the 8th
  71. Reducing Suicide in Jails
    • suicide watch - most inmate suicides occur within the first week after intake
    • screening-risk assessment at admission
    • suicide prevention programs - training staff is critical however
  72. John Augustus
    • "father" of probation
    • bailed out more than 2,000 inmates and children who were awaiting trial - only 4 recidivated
  73. Most Common Correctional Sentencing
    Probation - serving time in the community (limited rights)
  74. Regular Caseloads
    standard probationers requiring no special program or supervision
  75. Intensive Supervision Caseloads
    • higher risk offenders
    • created as an alternative to prison
  76. Special Caseloads
    • offenders with similar issues
    • i.e.: substance abuse, mental illness, history of sex offenses
  77. Standard Conditions of Probation
    • conditions everyone on probation follows (vary by state, but is the same for the same offenses)
    • remain within jurisdiction
    • report to PO as directed
    • maintain employment
    • refrain from excessive use of alcohol (no drugs)
    • don't commit any crimes
  78. Special Conditions of Probation
    • drug or alcohol counseling
    • drug testing (random)
    • mental health counseling
    • non association with certain persons (i.e.: gangs)
    • stay out of bars and poolrooms
  79. Mempa v. Rhay (1967)
    right to attorney during revocation hearing
  80. United States v. Birbaum (1970)
    probation is a privilege, not a right
  81. Morrissey v. Brewer (1972)
    identified due process rights for parole hearings
  82. Gagnon v. Scarpelli (1973)
    extended Morrissey rights to probationers
  83. "Broken Windows" Strategy
    • promptly addressing issues to avoid greater instability
    • minimum supervision - offender can do whatever they want
    • regular supervision - heavy caseloads
    • intensive supervision - watching too close, find everything
  84. Risk Principle
    target resources for higher risk offenders
  85. Need Principle
    focus on needs which could lead to new crimes
  86. Responsivity Principle
    not one size fits all (reactive - case by case)
  87. Dosage
    first 6-9 months of supervision has highest risk of recidivism
  88. Treatment Principle
    integrated treatment plan
  89. Intermediate Sanctions
    • intense punishments (typically surveillance)
    • (i.e.: economic sanctions, intensive probation, "shock" time, boot camps, residential centers, house arrest, community service, electronic monitoring)
  90. Intensive Supervision Probation
    • initiated in Georgia in 1974 to more closely monitor higher-risk probationers
    • watched more closely, which initially resulted in more probation violations
  91. Electronic Monitoring
    • notifies PO if offender is not in authorized location
    • GPS can identify offender's location
    • cost is borne by offender
  92. Community Residential Centers (CRC)
    recognized in the 1980s as an aid to probationers who needed greater structure
  93. Operations of Boot Camp
    • correctional boot camps are similar to military boot camps (usually for juveniles)
    • (i.e.: short hair, shined shoes, uniforms, discipline, exercise, hard work)
  94. Shock Probation
    • short period of incarceration during probation as an intermediate sanction for violations
    • objective deterrence
  95. Net-Widening and its Problems
    • intermediate sanctions should divert offenders from prison
    • intermediate sanctions should reduce the cost of corrections
    • intermediate sanctions should reduce recidivism
  96. Prison Mission
    • protect inmates, protect public from criminality
    • prepare inmates for release into the community
  97. Reasons for the Increase Number of Prisoners
    • "tough on crime" - determinate sentences, new penology
    • explosion in drug crimes - proliferations of guns
    • since the 1980s, prison population has risen 500%
  98. Three Penitentiary Act (1891)
    creation of 3 federal prisons (Kansas, Washington, and Georgia)
  99. Federal Bureau of Prison (1930)
    • Sanford Bates appointed director
    • only 8 directors since 1930
  100. Sentencing Reform Act (1984)
    • abolished parole
    • determinate sentencing
    • abolished good time
  101. Five Security Levels
    • Minimum - dormitory housing, limited fencing
    • Low - mostly dormitory housing, work programs
    • Medium - electronic fencing, housed in cells
    • High - high security, close control of inmate movement
    • Administrative - "supermax" (Florence, CO)
  102. State Prison System
    • Govenor --> corrections directors
    • Governor --> board of corrections --> corrections director
  103. Inmates Are Classified According to:
    • criminal history
    • family/social history
    • education/vocational history
    • employment history
    • mental health status
  104. ICE
    • Immigration Customs Enforcement
    • housing illegal immigrants
    • deporting illegal immigrants that are wanted in their home country
  105. Brigs
    military prison
  106. Common-Wealth Prisons
    prison on US territories (Virgin Islands, Puerto Rico…)
  107. Development of Private Corrections Facilities
    • secure facility
    • operated for profit
    • state and federal
    • (Corrections Corporation of America, GEO Group, INC, Management Training Corporation)