Rehabilitation and Incarceration in Prisons
38 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What factors explained why rehabilitation was not fully embraced in prisons?

The lack of resources, A major study of treatment programs published in 1974 determined that "nothing works", The belief that the medical model was a flawed metaphor for corrections

What does correctional control emphasize?

Correctional control places a greater emphasis on incapacitation and deterrence, limiting judges and correctional officials' ability to mitigate harsh sanctions like mandatory minimums and life without parole.

How many people are currently confined in the United States?

1.9 million

Why are jails uniquely significant (relative to prisons)?

<p>Jails are the initial point of institutionilization via the criminal justice system, There is instability because there is an unpredictability for how long someone will spend in there, Jails are funded by tax dollars, The jail population is diverse; people are in jail for various reasons and jail incarceration are locally administered</p> Signup and view all the answers

What are consequences of jail incarceration?

<p>Criminal justice outcomes: individuals detained pretrial are more likely than those not experiencing pretrial detention to be sentenced to prison, Employment: pretrial detention decreases formal employment and decreases the receipt of employment and tax-related government benefits, Health: jail incarceration is positively associated with major depression, binge drinking, and illicit drug use, Family: jail incarceration is positively associated with emotional stress, parenting strain, work-family conflict, social stigma, and financial strain</p> Signup and view all the answers

What are the key differences between probation and parole?

<p>Parole is early release, Probation is a period of supervision, Probation instead, parole after, Governing authority, Different types of clients, Different mandates and responsibilities</p> Signup and view all the answers

What are the advantages of probation? What are the consequences?

<p>Advantages: Reduced incarceration costs, Rehabilitation opportunities, Lower recidivism rates, Continued community and family support, Flexibility in punishment, Disadvantages: Minimal form of care and connections to social services as well as incentives to stay sober and avoid criminal behavior while also increasing stress, More demanding on social relationships (ex. family members of people w/ parole have to play a more active care role)</p> Signup and view all the answers

What considerations get made during parole decisions?

<p>Political considerations: when is it too early to release?, Accurately determining rehabilitation: how do we know if the person is sufficiently rehabilitated and ready to return?, Prison capacity: are there enough prison beds?</p> Signup and view all the answers

What is the main reason why people on community supervision are incarcerated?

<p>Technical violations; non-criminal offenses (ex; missing a meeting w/ your PO)</p> Signup and view all the answers

What is mass punishment?

<p>The population of people incarcerated + the population of people who are in the public but on supervision (Incarcerated, parole, probation)</p> Signup and view all the answers

What is diversion? What is deflection?

<p>Diversion: A broad term referring to &quot;exit ramps&quot; that move people away from the criminal legal system, offering an alternative to arrest, prosecution, and incarceration, Deflection: Relies on law enforcement to be the referral source to community-based drug treatment and mental health services prior to potential crise, rather than utilizing traditional police interventions (i.e., arrest, booking, and charging); Focus is on moving away from the criminal legal system, without having entered it</p> Signup and view all the answers

What are reasons for the limited effectiveness of law?

<p>Subtlety of many rule violations, Law lacks remedies to heal many types of injuries (can't fix all our problems), Law does not mobilize itself</p> Signup and view all the answers

What are the Dynamic Court, Constrained Court, and Contingent Court models?

<p>Constrained Court Model: Courts are inherently unable to produce significant social change; (No courts are not effective)</p> Signup and view all the answers

What was the "hands off" doctrine?

<p>This is when up until the mid-1960s, courts deferred to state governments in the administration of correctional facilities; Amid the civil rights movement and women's rights movement, prisoners were successfully able to file lawsuits. Ruling in Cooper v. Pate (1964) signaled the end of the &quot;hands off&quot; approach of federal courts</p> Signup and view all the answers

What was the Prison Litigation Reform Act of 1996?

<p>Made it difficult to bring cases forth - Exhaustion rule -Ross v Blake (2016) - Three strikes rule, Made it more difficult to win cases - Physical injury requirement - Discourages skilled attorneys from getting involved, Made it difficult to agree on settlements, (Whole reform act was very effective)</p> Signup and view all the answers

What was the Costello Injunction in Florida?

<ul> <li>Tobias Simon suggested they reduce the influx of the prison population, accelerate the discharge of inmates, and , Three important aspects: - The injunction defined the problem as the immediate possibility of violence in overcrowded prisons - The injunction relied on the concept of &quot;prison capacity&quot; in framing the problem; by focusing relief on &quot;capacity&quot; rather than a reduction of the prison population, the injunction left open the possibility of compliance by prison expansion -The injunction placed the primary responsibility for reducing the population on the FDOC; consequently, this empowered the FDOC to direct the translation of compliance in ways that did not divert people from prison, Takeaways: - Look beyond usual suspects (conservative policy makers, punitive punishers) -</li> </ul> Signup and view all the answers

What is prison siting? What are the demographic implications of it?

<p>This is when Prison hosting emerged as a tool for economic growth in the mid 1970s-1980s (Where we put our prisons), On average, for every 100 incarcerated people housed, 35 jobs were created., Rural economies, suffering from deindustrialization turned to correctional facilities for rejuvenation.</p> Signup and view all the answers

What reasons explain why reentry remains a permanent feature of the correctional landscape?

<ul> <li>Since becoming identifiable, the problem cannot be ignored - Reentry is increasingly institutionalized as a standard practice - The reentry movement began at a time when tough on crime was winding down - Reentry has strong public approval</li> </ul> Signup and view all the answers

What is recidivism?

<p>The re-arrest, re-conviction, or re-incarceration of an ex-offender within three years of release</p> Signup and view all the answers

What os the strongest predictor of recidivism?

<p>Poverty</p> Signup and view all the answers

What is the second chance gap?

<p>The difference between eligibility and delivery of second chance relief</p> Signup and view all the answers

What does labeling theory predict about the effect of formal sanctions?

<p>That they can amplify, rather than deter, future deviant behavior</p> Signup and view all the answers

What does "coerced work" mean?

<p>Coerced work on parole occurs when people are required to work under the threat of criminal repercussions</p> Signup and view all the answers

What is the Ban the Box? Is it effective at reducing recidivism?

<p>Policies that restrict employers from inquiring about criminal histories on initial job applications (Typically by eliminating the checkbox inquiring about prior convictions and/or arrests), We don't know if it is truly effective, Craigie (2020) found BTB policies increased the probability of employment for people with convictions by 30% on average. But Agan and Starr (2018) found BTB increased the racial gap in callbacks (favoring white applicants) from 7% to 43%</p> Signup and view all the answers

What are barriers to entrepreneurship?

<ul> <li>Financial capital: scarce funding, restrictions on debt - Human capital: lack of formal schooling/training, fewer opportunities for financial and economic literacy - Social capital: lack access to role models or suitable business networks for peer support, investment, and business opportunities</li> </ul> Signup and view all the answers

For which socio demographic group is the risk of homelessness highest?

<p>Black women (specifically, formally incarcerated black women)</p> Signup and view all the answers

What is housing insecurity?

<p>Housing insecurity is the lack of security in an individual shelter that is the result of high housing costs relative to income and is associated with poor housing quality, unstable neighborhoods, overcrowding, and homelessness.</p> Signup and view all the answers

What is the criminalization of homelessness?

<p>Policies/measures that prohibit life-sustaining activities such as sleeping/camping, eating, sitting, and/or asking for money/resources in public spaces., Anti homeless laws, quality of life ordinances, dismantling of social services</p> Signup and view all the answers

What are turning points?

<p>Disruption in someone's trajectory; Things that can be crime-inducing or crime-reducing, Such as, marriage, employment, and military service, that shift the trajectory of a person's behavior</p> Signup and view all the answers

What did the Supreme Court rule in In re Gault (1967)?

<p>In hearings that could result in commitment to an institution, juveniles have four basic constitutional rights; - The right to notice - The right to counsel - The right to question witnesses - The right to protection against self-incrimination</p> Signup and view all the answers

In what way does the nature of proceedings differ in the juvenile system?

<p>It is remedial, where as in the adult system it is adversarial</p> Signup and view all the answers

What are the pros and cons of juvenile justice system?

<p>Pros: Reduces the stigma of deviant behavior, Separates juveniles apart from adult offenders who might abuse,exploit, or teach them negative behaviors and attitudes., Addresses social, emotional, and educational needs of young people, Protects young people from overly punitive punishments, Cons: Youths who commit serious offenses are treated too leniently., There are great inconsistencies between the punishments meted out in the juvenile justice system and those meted out in the criminal justice system., Juvenile delinquents are not afforded all the due process rights that are available in the criminal justice system.</p> Signup and view all the answers

What are status offenses?

<p>An act that is considered a legal offense only when committed by a juvenile and that can be adjudicated only in a juvenile court</p> Signup and view all the answers

What are the types of juvenile waivers to the adult system?

<p>Discretionary waiver: Transfer of the juvenile to adult court is at the judge's discretion, Mandatory waiver: Automatic transfer to criminal court takes place on the basis of the youth's age and the gravity of the offense, Presumptive waiver: The burden of proof shifts from the state to the juvenile, who must contest being transferred to adult court.</p> Signup and view all the answers

What is the age of criminal responsibility?

<p>The age at which any offense automatically subjects an individual to adult court jurisdiction</p> Signup and view all the answers

What are the four elements of the "new professionalism" in policing?

<p>Accountability: The police must account for their actions not only to the departmental chain of command, but also to city councils,citizen review boards, state legislators, inspectors general, as well as government auditors and the courts., Legitimacy: The police must be considered honest brokers in their interactions with citizens. Many citizens have lost their trust and confidence in the police, which makes policing less effective, Innovation: Future police departments should be willing to evaluate and adopt the positive innovations of other departments. A commitment to innovation means an active investment in personnel and resources in adapting new policies and practices that have proven effective elsewhere., National coherence: Police can share a set of skills and follow a common set of protocols that have been accepted and proven effective. A commitment to national coherence suggests that good policing incorporates a universal set of practices and policies that can be effective in jurisdictions across the country</p> Signup and view all the answers

What are the unintended consequences of mass incarceration?

<ul> <li>Children and families - Mental and physical health - Employment and labor market participation - Political participation and civic engagement, (Refer to Page 449 of Second Edition of textbook)</li> </ul> Signup and view all the answers

What are the critiques of the abolitionist perspective?

<ul> <li>The rhetoric of abolition is absolutist. Therefore, it might frighten segments of the public who would otherwise supporteven radical decarceration but who are not prepared to rule it out entirely - Abolitionists reject &quot;reformist reforms&quot; that do not contribute to dismantling the existing legal order</li> </ul> Signup and view all the answers

Study Notes

Rehabilitation in Prisons

  • Rehabilitation programs faced limitations due to resource scarcity.
  • A 1974 study deemed many treatment programs ineffective ("nothing works").
  • The medical model's applicability to corrections was questioned.

Correctional Control Emphasis

  • Correctional control prioritizes incapacitation and deterrence, limiting judicial mitigation of harsh sanctions (like mandatory minimums).

Incarceration Numbers

  • There are approximately 1.9 million people currently incarcerated in the United States.

Jail Significance

  • Jails mark the initial point of criminal justice system involvement.
  • Jail stays are unpredictable in duration, impacting stability.
  • Jail funding and administration are localized.
  • Jail populations are varied and diverse.

Jail Incarceration Consequences

  • Pretrial detention correlates with higher prison sentencing.
  • Detention hinders employment and government benefits.
  • Incarceration is linked to increased depression, drinking, and drug use.
  • Families of incarcerated individuals experience stress, strain, and stigma.

Probation vs. Parole

  • Parole involves early release from prison.
  • Probation involves supervision in the community.
  • Their differences lie in governing authority, client type, and mandates.

Probation Advantages and Disadvantages

  • Advantages: reduced costs, rehabilitation opportunities, lower recidivism, and community support.
  • Disadvantages: limited social services, demanding relationships, and increased stress.

Parole Decision Considerations

  • Political factors influence release timing.
  • Rehabilitation assessment and readiness are crucial.
  • Prison capacity impacts decisions.

Community Supervision Reincarceration

  • Technical violations (non-criminal offenses) are frequent reasons for re-incarceration of those on community supervision.

Mass Punishment Definition

  • Mass punishment encompasses incarcerated individuals and those under community supervision.

Diversion and Deflection

  • Diversion offers alternatives to the criminal justice system.
  • Deflection utilizes law enforcement for referrals to community services.

Law's Limited Effectiveness

  • Laws encounter challenges in addressing complex rule violations.
  • Legal remedies are incomplete, and law implementation lacks mobilization.

Court Models

  • Dynamic Court Model: courts can drive social change.
  • Constrained Court Model: courts lack significant influence.
  • Contingent Court Model: courts can influence change given specific conditions.

"Hands Off" Doctrine

  • Courts largely deferred to state corrections until the mid-1960s.
  • Cooper v. Pate (1964) ended the hands-off approach.

Prison Litigation Reform Act of 1996

  • This act made it harder to file and win prisoner lawsuits, impacting access to justice.

Costello Injunction in Florida

  • The injunction addressed overpopulation and violence.
  • It focused on prison capacity to gain compliance, empowering the Florida Department of Corrections.

Prison Siting and Demographics

  • Prison siting, prevalent in the 1970s and 1980s, aimed to boost rural economies.
  • Each 100 incarcerated individuals created, on average, 35 jobs.

Reentry Permanence

  • Reentry remains a correctional fixture due to its institutionalization, public acceptance, and addressing an existing problem.

Recidivism Definition

  • Recidivism is measured by re-arrest, sentencing, or re-incarceration within three years of release.

Recidivism Predictor

  • Poverty stands out as the primary predictor of recidivism.

Second Chance Gap

  • The second chance gap is the disparity between eligibility and realization of second chances.

Labeling Theory's Predictions

  • Labeling theory predicts that formal sanctions can exacerbate rather than deter further deviance.

Coerced Work

  • Coerced work on parole happens under threat of criminal consequences.

Ban the Box Policy

  • Ban the Box policies restrict employers' access to criminal history information on applications.
  • Research indicates potentially positive but inconsistent effects on employment rates and racial disparities.

Entrepreneurship Barriers

  • Entrepreneurship faces limitations in securing capital, human skills, and social connections.

Highest Homelessness Risk

  • Black women, specifically those with a criminal history, experience the highest risk of homelessness.

Housing Insecurity

  • Housing insecurity is linked to high housing costs and is characterized by poor quality, instability, overcrowding, and vulnerability for homelessness.

Criminalization of Homelessness

  • Policies and measures criminalize life-sustaining activities in public spaces, restricting access to essential needs for the homeless.

Turning Points

  • Turning points, such as marriage, employment, or military service, can alter behavioral trajectories (either positively or negatively).

In re Gault (1967)

  • Juveniles have constitutional rights in legal proceedings potentially leading to institutionalization (notice, counsel, questioning witnesses, self-incrimination).

Juvenile Proceedings Differences

  • Juvenile proceedings are remedial, contrasted with adversarial adult processes.

Juvenile Justice System Pros and Cons

  • Pros: reduced stigma, separation from adult behavior, and focusing on needs.
  • Cons: potential leniency for serious offenses, inconsistencies in sentencing, and limited due process compared with adult courts

Status Offenses

  • Status offenses are only legal issues when committed by juveniles, adjudicated in juvenile courts.

Juvenile Waivers

  • Discretionary waiver: judge's decision.
  • Mandatory waiver: automated transfer based on offense/age.
  • Presumptive waiver: juvenile must contest transfer.

Age of Criminal Responsibility

  • The age at which an offense automatically subjects an individual to adult court jurisdiction.

New Policing Professionalism Elements

  • Accountability, legitimacy, innovation, and national coherence are key components of new police practices.

Mass Incarceration Unintended Consequences

  • Mass incarceration negatively impacts children, families, mental/physical health, employment, and civic participation.

Abolitionist Perspective Critiques

  • The abolitionist stance is considered too strong, potentially deterring moderate reforms.
  • Rejection of incremental improvements is also a critique.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Description

This quiz explores the challenges and dynamics of rehabilitation programs within the prison system, including resource limitations and the impact of correctional control on sentencing. It also examines the significance of jails in the criminal justice process and the consequences of incarceration on individuals' lives. Test your knowledge on these critical aspects of corrections!

Use Quizgecko on...
Browser
Browser