Rehabilitation and Incarceration in Prisons

The lack of resources, a belief that the medical model was a flawed metaphor for corrections, and a major study of treatment programs published in 1974 determined that "nothing works" are all factors explaining why rehabilitation was not fully embraced in prisons.

Correctional control emphasizes incapacitation and deterrence. It seeks to limit the power of judges and correctional officials to mitigate harsh sanctions, such as mandatory minimums and life without parole.

The United States currently has 1.9 million people confined.

Jails are unique because they are the initial point of institutionalization via the criminal justice system, they have an unpredictable length of stay, they are funded by tax dollars, and their population is diverse and locally administered.

Jail incarceration is associated with increased risk of criminal justice outcomes (e.g., prison sentences), decreased employment and government benefits, increased mental health issues and substance abuse, and increased family stress.

Parole is early release from prison, while probation is a period of supervision instead of imprisonment. Key differences include governing authority, client types, and mandates/responsibilities.

Advantages of probation include reduced incarceration costs, rehabilitation opportunities, lower recidivism rates, continued community and family support, and flexibility in punishment. Disadvantages include minimal care and connections to services, increased stress on social relationships, and demanding family involvement.

Parole decisions are influenced by political considerations, the need to determine accurate rehabilitation, and prison capacity.

The primary reason for incarceration on community supervision is technical violations, which are non-criminal offenses, such as missing a meeting with a probation officer.

Mass punishment refers to the combined population of incarcerated individuals and those under supervision (probation, parole) in the community.

Diversion refers to "exit ramps" that move individuals away from the criminal legal system, offering alternatives to arrest, prosecution, and incarceration. Deflection relies on law enforcement referring individuals to community-based services before potentially entering the criminal legal system.

The subtlety of rule violations, the law's inability to address all injuries, and the law's lack of self-mobilization are all reasons for its limited effectiveness.

The Dynamic Court Model suggests that courts can be impactful actors for social change. The Constrained Court Model believes courts are inherently incapable of significant change. The Contingent Court Model argues that social change is possible if constraints are overcome.

The "hands off" doctrine was a period when federal courts deferred to state governments in the administration of correctional facilities. This approach ended in the mid-1960s with the ruling in Cooper v. Pate (1964).

The Prison Litigation Reform Act of 1996 made it more difficult to bring lawsuits related to prison conditions by introducing the exhaustion rule, three strikes rule, physical injury requirement, discouraging skilled attorneys, and hindering settlements.

The Costello Injunction in Florida involved a court order aimed at reducing prison overcrowding. This case highlighted the importance of defining the problem, relying on prison capacity as a solution, and assigning responsibility to the Florida Department of Corrections.

Prison siting refers to the location of prisons, which has become an economic development strategy. This strategy has created jobs in rural areas experiencing deindustrialization.

Reentry has become a permanent fixture in corrections due to its recognition as a problem, its institutionalization as a standard practice, its emergence during a decline in the "tough on crime" approach, and its strong public approval.

Recidivism is the re-arrest, re-conviction, or re-incarceration of an ex-offender within three years of release.

Poverty is considered the strongest predictor of recidivism.

The second chance gap refers to the difference between eligibility for second chance relief (e.g., employment, housing) and the actual delivery of those opportunities.

Labeling theory predicts that formal sanctions can amplify deviant behavior, rather than deter it.

Coerced work on parole refers to situations where individuals are required to work under the threat of criminal repercussions.

Ban the Box policies restrict employers from inquiring about criminal histories on initial job applications. Their effectiveness in reducing recidivism is still debated, with some studies suggesting positive impact while others indicate potential for racial disparities.

Entrepreneurship is hindered for formerly incarcerated individuals due to financial constraints, limited human and social capital, and lack of access to resources.

Black women, particularly those who have been incarcerated, have the highest risk of homelessness.

Housing insecurity refers to the lack of security in one's shelter, often stemming from high housing costs relative to income and factors like poor housing quality, unstable neighborhoods, overcrowding, and homelessness.

Criminalization of homelessness refers to policies and measures that criminalize life-sustaining activities (e.g., sleeping, eating, sitting, asking for money) in public spaces. This includes anti-homeless laws, quality of life ordinances, and the dismantling of social services.

Turning points are events or experiences that disrupt an individual's trajectory, potentially influencing crime-inducing or crime-reducing behavior. These can include marriage, employment, and military service.

In In re Gault (1967), the Supreme Court ruled that juveniles have basic constitutional rights in hearings that could lead to institutionalization, including the right to notice, counsel, question witnesses, and protection against self-incrimination.

The juvenile justice system is remedial, focusing on rehabilitation, while the adult system is adversarial, focusing on punishment.

Pros of the juvenile justice system include reduced stigma, separation from adult offenders, addressing youth needs, and protection from harsh punishments. Cons include leniency for serious offenses, inconsistencies with adult punishment, limited due process rights, and potential for ineffective rehabilitation.

Status offenses are acts that are illegal only for juveniles, such as truancy, running away, and underage drinking.

Types of juvenile waivers to the adult system include discretionary waiver (judge's discretion), mandatory waiver (automatic transfer based on age and offense), and presumptive waiver (shifting burden of proof to juvenile to contest transfer).

The age of criminal responsibility is the age at which any offense automatically subjects an individual to adult court jurisdiction.

The "new professionalism" in policing emphasizes accountability, legitimacy, innovation, and national coherence. It promotes police transparency, public trust, adoption of best practices, and a unified approach to policing nationwide.

Mass incarceration has unintended consequences on children and families, mental and physical health, employment, political participation, and civic engagement.

Critiques of the abolitionist perspective include its absolutist rhetoric, which may frighten some while rejecting reforms that don't contribute to dismantling the existing legal order.