Rehabilitation and Incarceration in the US

The lack of resources, the 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"

It puts a greater emphasis on incapacitation and deterrence; A desire to limit the ability of judges and correctional officials to mitigate harsh sanctions such as mandatory minimums and life without parole.

1.9 million

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, they are funded by tax dollars, and the jail population is diverse; people are in jail for various reasons and jail incarceration are locally administered

Jail incarceration is positively associated with major depression, binge drinking, and illicit drug use, and decreases formal employment and decreases the receipt of employment and tax-related government benefits

Parole is early release, while probation is a period of supervision. Probation happens before incarceration, parole after. They have different governing authorities and client demographics, and consequently different mandates and responsibilities.

Advantages: Reduced incarceration costs, rehabilitation opportunities, lower recidivism rates, continued community and family support, flexibility in punishment. Disadvantages: minimal form of care, more demanding on social relationships

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?

Technical violations; non-criminal offenses (ex; missing a meeting w/ your PO)

The population of people incarcerated + the population of people who are in the public but on supervision (Incarcerated, parole, probation)

Diversion: A broad term referring to "exit ramps" 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 crime, rather than utilizing traditional police interventions; Focus is on moving away from the criminal legal system, without having entered it

Subtlety of many rule violations: Some offenses aren't so obvious. Law lacks remedies to heal many types of injuries: Some problems can't be fixed by law. Law does not mobilize itself: Legal action doesn't always happen on its own

Dynamic Court Model: Courts can be, and often are, significant political actors capable of effecting important social change. Constrained Court Model: Courts are inherently unable to produce significant social change. Contingent Court Model: Social change can occur only when the courts overcome constraints

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. Cooper v. Pate (1964) marked the end of this doctrine.

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. It was very effective in making it more difficult for incarcerated persons to bring lawsuits.

This marked the moment when Florida passed a law that required officials to decrease the prison population. The aim was to address the immediate possibility of violence in overcrowded prisons by focusing on "prison capacity" as the problem.

Prison hosting emerged as a tool for economic growth in the mid 1970s-1980s. On average, for every 100 incarcerated people housed, 35 jobs were created.

The problem of reentry cannot be ignored, it is increasingly institutionalized, it began when tough-on-crime was winding down, and has strong public support.

The re-arrest, re-conviction, or re-incarceration of an ex-offender within three years of release

Poverty

The difference between eligibility and delivery of second chance relief

That they can amplify, rather than deter, future deviant behavior

Coerced work on parole occurs when people are required to work under the threat of criminal repercussions

Policies that restrict employers from inquiring about criminal histories on initial job applications. 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 from 7% to 43%

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

Black women (specifically, formally incarcerated black women)

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.

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

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

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, and the right to protection against self-incrimination

It is remedial, focusing on rehabilitation, whereas the adult system is adversarial

Pros: Reduces the stigma of deviant behavior, separates juveniles apart from adult offenders, 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, inconsistencies in punishments, juveniles are not afforded all the due process rights that are available in the criminal justice system.

An act that is considered a legal offense only when committed by a juvenile and that can be adjucated only in a juvenile court

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.

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

Accountability: The police must account for their actions. Legitimacy: The police must be considered honest brokers in their interactions with citizens. Innovation: Future police departments should be willing to evaluate and adopt the positive innovations. National coherence: Police can share a set of skills and follow a common set of protocols.

Children and families, mental and physical health, employment and labor market participation, political participation and civic engagement

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 "reformist reforms" that do not contribute to dismantling the existing legal order

The "new Jim Crow" is a theory that the current system of mass incarceration in the United States is a form of racialized social control that, like the Jim Crow era, subjects African Americans to a range of social, economic, and political disadvantages.