Rehabilitation and Incarceration in the US
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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", and the belief that the medical model was a flawed metaphor for corrections.

What does correctional control emphasize?

Correctional control emphasizes incapacitation and deterrence, and limits judicial and correctional discretion in mitigation.

How many people are currently confined in the United States?

1.9 million

Why are jails uniquely significant?

<p>Jails are the initial point of institutionalization, feature a high turnover rate, are funded by local taxes and are locally administered, and house a diverse population for various reasons.</p> Signup and view all the answers

What are the consequences of jail incarceration?

<p>Jail incarceration can lead to negative consequences for individuals, including a higher likelihood of imprisonment upon conviction, decreased employment and economic stability, increased mental health problems, and negative impacts on family relationships and financial stability.</p> Signup and view all the answers

What are the key differences between probation and parole?

<p>Parole is early release from prison, while probation is a sentence served in the community instead of prison. Parole is overseen by the state, while probation is supervised by local courts. Parole involves individuals who have already served time in prison, while probation is for individuals who have been sentenced to prison but have not yet served time. Finally, the mandates and responsibilities of probation and parole officers differ.</p> Signup and view all the answers

What are the advantages of probation?

<p>Probation offers advantages like reduced incarceration costs, opportunities for rehabilitation, lower recidivism rates, continued community support, and flexibility in punishment.</p> Signup and view all the answers

What considerations get made during parole decisions?

<p>Parole decisions involve political considerations, such as determining the appropriate time for release, accurately assessing rehabilitation progress, and considering prison capacity.</p> Signup and view all the answers

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

<p>People on community supervision are most often incarcerated due to technical violations, which are non-criminal offenses, such as missing a meeting with their probation or parole officer.</p> Signup and view all the answers

What is mass punishment?

<p>Mass punishment refers to the combined population of incarcerated individuals and those under community supervision, such as those on probation or parole.</p> Signup and view all the answers

What is diversion? What is deflection?

<p>Diversion refers to &quot;exit ramps&quot; that steer individuals away from the criminal justice system, offering alternative pathways like treatment programs. Deflection utilizes law enforcement as referral sources to mental health and drug treatment services, preventing individuals from entering the criminal justice system in the first place.</p> Signup and view all the answers

What are reasons for the limited effectiveness of law?

<p>The effectiveness of law is limited due to the subtlety of many rule violations, its inability to address all forms of harm, and its reliance on individuals to initiate legal action.</p> Signup and view all the answers

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

<p>The Dynamic Court Model argues that courts can bring impactful social change.</p> Signup and view all the answers

What was the "hands off" doctrine?

<p>The &quot;hands off&quot; doctrine was the practice of federal courts deferring to state governments in the administration of correctional facilities until the mid-1960s, when cases like Cooper v. Pate (1964) marked a shift towards greater judicial involvement in prison oversight.</p> Signup and view all the answers

What was the Prison Litigation Reform Act of 1996?

<p>The Prison Litigation Reform Act of 1996 aimed to restrict prisoner lawsuits by implementing the exhaustion rule, the three strikes rule, physical injury requirement, and discouraging skilled attorneys from representing prisoners. It also made it difficult for prisoners to reach settlements.</p> Signup and view all the answers

What was the Costello Injunction in Florida?

<p>The Costello Injunction in Florida aimed to reduce prison overcrowding by limiting the influx of new inmates and accelerating releases. It recognized the threat of violence in overcrowded prisons, highlighted the concept of &quot;prison capacity&quot; as a key factor, and emphasized the responsibility of the Florida Department of Corrections in carrying out the injunction.</p> Signup and view all the answers

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

<p>Prison siting refers to the location of correctional facilities. It emerged as a strategy for economic growth in the 1970s-1980s, particularly in rural areas experiencing deindustrialization. The presence of prisons often creates jobs and economic opportunities, leading to significant economic growth and social implications.</p> Signup and view all the answers

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

<p>Reentry has become a permanent aspect of the correctional system due to its increasing institutionalization, public support, emergence as a crucial focus during a period of transitioning away from tough on crime policies, and its prominence as a problem that cannot be ignored.</p> Signup and view all the answers

What is recidivism?

<p>Recidivism refers to 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 is the strongest predictor of recidivism?

<p>Poverty is the strongest predictor of recidivism.</p> Signup and view all the answers

What is the second chance gap?

<p>The second change gap refers to the discrepancy between the availability of second chance opportunities and their actual delivery to those eligible.</p> Signup and view all the answers

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

<p>Labeling theory predicts that formal sanctions, such as criminal convictions, can intensify 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 individuals are compelled to work under threat of criminal repercussions, effectively tying employment to the avoidance of legal punishment.</p> Signup and view all the answers

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

<p>Ban the Box policies restrict employers from inquiring about criminal histories on job applications. While research suggests it can increase employment opportunities for individuals with convictions, its effectiveness in reducing recidivism is still being debated.</p> Signup and view all the answers

What are barriers to entrepreneurship?

<p>Individuals with criminal records face numerous barriers to entrepreneurship, including limited access to financial capital due to restricted funding and debt options, inadequate human capital stemming from lack of education, training, and financial literacy, and a dearth of social capital manifested in limited access to role models, support networks, and business opportunities.</p> Signup and view all the answers

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

<p>The risk of homelessness is highest among Black women, specifically those who have been formerly incarcerated.</p> Signup and view all the answers

What is housing insecurity?

<p>Housing insecurity refers to the lack of secure shelter due to factors such as high housing costs relative to income, leading to poor housing quality, unstable neighborhoods, overcrowding, and ultimately homelessness.</p> Signup and view all the answers

What is the criminalization of homelessness?

<p>The criminalization of homelessness refers to policies and measures that criminalize life-sustaining activities such as sleeping in public spaces, which often target homeless individuals and exacerbate their vulnerability.</p> Signup and view all the answers

What are turning points?

<p>Turning points are significant events or experiences that disrupt an individual's trajectory, potentially leading to either increased or decreased criminal behavior. Examples include marriage, employment, and military service.</p> Signup and view all the answers

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

<p>In In re Gault (1967), the Supreme Court ruled that juveniles facing potential institutionalization have fundamental constitutional rights, including the right to notice of charges, the right to counsel, the right to question witnesses, and the right against self-incrimination.</p> Signup and view all the answers

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

<p>The juvenile justice system is characterized by remedial proceedings, focusing on rehabilitation and addressing underlying issues, while the adult system follows an adversarial approach, emphasizing punishment and accountability.</p> Signup and view all the answers

What are the pros and cons of the juvenile justice system?

<p>The juvenile justice system has both advantages and disadvantages. Advantages include reducing the stigma of deviant behavior, separating juveniles from adult offenders, addressing their social, emotional, and educational needs, and protecting them from excessive punishment. Disadvantages include potential leniency for serious offenses, inconsistencies in punishments compared to the adult system, and limitations in due process rights.</p> Signup and view all the answers

What are status offenses?

<p>Status offenses are acts deemed illegal only when committed by a juvenile, such as truancy or running away from home, and are typically dealt with in juvenile court.</p> Signup and view all the answers

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

<p>There are three types of juvenile waivers: discretionary waiver, where the judge has sole discretion; mandatory waiver, where transfer to adult court is automatic based on age and offense severity; and presumptive waiver, where the burden of proof shifts to the juvenile to avoid transfer to adult court.</p> Signup and view all the answers

What is the age of criminal responsibility?

<p>The age of criminal responsibility refers to the age at which an individual is automatically subject to the jurisdiction of adult court for any offense committed, regardless of the severity of the offense.</p> Signup and view all the answers

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

<p>The four elements of the &quot;new professionalism&quot; in policing are accountability, legitimacy, innovation, and national coherence. Accountability involves police holding themselves accountable to various oversight bodies. Legitimacy necessitates public trust and confidence in law enforcement. Innovation requires police to adopt and evaluate successful practices from other departments. Finally, national coherence aims to establish a common set of skills and protocols for police nationwide.</p> Signup and view all the answers

What are the unintended consequences of mass incarceration?

<p>Mass incarceration has unintended consequences across various aspects of society, including negative impacts on children and families, mental and physical health of individuals, employment opportunities and labor market participation, and political engagement and civic participation.</p> Signup and view all the answers

What are the critiques of the abolitionist perspective?

<p>Critics of the abolitionist perspective argue that its absolutist rhetoric can alienate segments of the public who might support decarceration but not complete abolition. They also criticize abolitionists for rejecting reformist efforts that do not fully dismantle the existing system, potentially hindering progress.</p> Signup and view all the answers

Study Notes

Factors for Rehabilitation's Limited Embrace in Prisons

  • Lack of resources
  • "Nothing works" study (1974) findings
  • The medical model's flawed application to corrections

Correctional Control Emphasis

  • Greater emphasis on incapacitation and deterrence
  • Restrictions on judges' and correctional officials' ability to mitigate harsh sanctions (e.g., mandatory minimums)

Inmates in the US

  • 1.9 million currently incarcerated

Significance of Jails

  • Initial point of criminal justice system institutionalization
  • Instability due to unpredictable duration of incarceration
  • Locally administered
  • Diverse population

Consequences of Jail Incarceration

  • Criminal justice outcomes (higher prison sentence likelihood)
  • Employment (decreased employment and benefits)
  • Health (increased depression, drinking, drug use)
  • Family (increased stress, strain, stigma, financial burden)

Probation vs. Parole

  • Parole: Early release
  • Probation: Period of supervision
  • Differences in governing authority, client types, and mandates/responsibilities

Probation Advantages & Disadvantages

  • Advantages:*
  • Reduced incarceration costs
  • Rehabilitation opportunities
  • Lower recidivism rates
  • Community/family support
  • Flexibility in punishment
  • Disadvantages:*
  • Limited social services/incentives for good behavior
  • Increased family/social relationship demands

Parole Decision Considerations

  • Political factors (timing of release)
  • Rehabilitation assessment
  • Prison capacity

Reasons for Community Supervision Incarceration

  • Technical violations (e.g., missing appointments)

Mass Punishment Definition

  • Incarcerated population + community supervision population

Diversion and Deflection

  • Diversion: Alternative to criminal justice system (exit ramps)
  • Deflection: Law enforcement referral to community services prior to arrest

Effectiveness of Law Limitations

  • Subtlety of rule violations
  • Law's inability to address all injuries
  • Law's lack of self-mobilization

Court Models

  • Dynamic: Courts can effect social change
  • Constrained: Courts inherently unable to produce significant social change
  • Contingent: Social change possible through overcoming constraints

"Hands-Off" Doctrine

  • Federal courts deferred to states in correctional administration until the mid-1960s
  • Cooper v. Pate (1964) ended this approach

Prison Litigation Reform Act (PLRA) of 1996

  • Limited access to litigation
  • More difficult to win cases
  • Discouraged attorney involvement

Costello Injunction (Florida)

  • Reduction of prison population, discharge of inmates
  • Defined the problem as overcrowding's violence potential
  • Focused relief on prison capacity, not population reduction
  • Placed responsibility for population reduction on the Florida Department of Corrections (FDOC)

Prison Siting

  • Economic strategy (mid-1970s-1980s)
  • Job creation for rural economies through correctional facilities
  • 35 jobs created per 100 incarcerated individuals (average)

Permanent Feature of Reentry

  • Problem cannot be ignored, increasingly institutionalized
  • Rise of reentry movement during tough-on-crime decline
  • Public support of reentry

Recidivism

  • Re-arrest, re-conviction, or re-incarceration within three years of release
  • Poverty is the strongest predictor

Second Chance Gap

  • Difference between eligibility and delivery of second chance programs

Labeling Theory Effect

  • Formal sanctions can amplify rather than deter future deviant behavior

Coerced Work

  • Parolee required to work under threat of criminal repercussions

Ban the Box

  • Policies restricting criminal history inquiries on application
  • Effectiveness is unclear; some studies show positive results in employment, others show racial impacts

Barriers to Entrepreneurship

  • Financial capital (scarcity, restrictions)
  • Human capital (lack of skills, education)
  • Social capital (lack of role models, networks)

Highest Risk Homelessness Group

  • Black women (formerly incarcerated)

Housing Insecurity

  • Lack of shelter security due to high costs, poor quality housing, instability

Criminalization of Homelessness

  • Policies prohibiting life-sustaining activities in public spaces
  • Anti-homeless laws, quality-of-life ordinances reduced social services

Turning Points

  • Disruptions in behavior trajectories (marriage, employment, military service)

In re Gault (1967) Supreme Court Ruling

  • Juveniles have rights in proceedings potentially leading to institutional commitment (notice, counsel, questioning witnesses, protection against self-incrimination)

Juvenile System Proceedings

  • Remedial vs. adversarial
  • Differences in procedures and fairness of the juvenile system compared to the adult system.

Juvenile Justice System Pros & Cons

  • Pros:*
  • Stigma reduction
  • Separation from adult offenders
  • Addressing social/emotional/educational needs
  • Protection from punitive punishments
  • Cons:*
  • Lenient treatment of serious offenses
  • Inconsistency with adult system punishments
  • Fewer due process rights

Status Offenses

  • Juvenile-specific offenses (only illegal for youth)

Juvenile Waivers

  • Discretionary: Judge discretion for transfer
  • Mandatory: Automatic transfer based on age and offense
  • Presumptive: Burden of proof shifts to juvenile

Age of Criminal Responsibility

  • Age at which an offense automatically incurs adult court jurisdiction

New Professionalism in Policing (Four Elements)

  • Accountability: Police accountable beyond their department
  • Legitimacy: Honest broker perception
  • Innovation: Adoption of effective strategies from others
  • National Coherence: Shared skills and protocols

Mass Incarceration Unintended Consequences

  • Children and families
  • Mental/physical health
  • Employment/labor market
  • Political participation/civic engagement

Abolitionist Perspective Critiques

  • Absolutist rhetoric to deter some
  • Rejection of reformist reforms

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Explore the factors that hinder effective rehabilitation in U.S. prisons, including resource limitations and the emphasis on control over rehabilitation. This quiz delves into the impact of jail incarceration on various aspects of life, including health, employment, and family. Test your knowledge on the distinctions between probation and parole along with the implications of incarceration.

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