Podcast
Questions and Answers
What factors explained why rehabilitation was not fully embraced in prisons?
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?
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?
How many people are currently confined in the United States?
1.9 million
Why are jails uniquely significant?
Why are jails uniquely significant?
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What are the consequences of jail incarceration?
What are the consequences of jail incarceration?
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What are the key differences between probation and parole?
What are the key differences between probation and parole?
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What are the advantages of probation?
What are the advantages of probation?
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What considerations get made during parole decisions?
What considerations get made during parole decisions?
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What is the main reason why people on community supervision are incarcerated?
What is the main reason why people on community supervision are incarcerated?
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What is mass punishment?
What is mass punishment?
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What is diversion? What is deflection?
What is diversion? What is deflection?
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What are reasons for the limited effectiveness of law?
What are reasons for the limited effectiveness of law?
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What are the Dynamic Court, Constrained Court, and Contingent Court models?
What are the Dynamic Court, Constrained Court, and Contingent Court models?
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What was the "hands off" doctrine?
What was the "hands off" doctrine?
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What was the Prison Litigation Reform Act of 1996?
What was the Prison Litigation Reform Act of 1996?
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What was the Costello Injunction in Florida?
What was the Costello Injunction in Florida?
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What is prison siting? What are the demographic implications of it?
What is prison siting? What are the demographic implications of it?
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What reasons explain why reentry remains a permanent feature of the correctional landscape?
What reasons explain why reentry remains a permanent feature of the correctional landscape?
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What is recidivism?
What is recidivism?
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What is the strongest predictor of recidivism?
What is the strongest predictor of recidivism?
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What is the second chance gap?
What is the second chance gap?
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What does labeling theory predict about the effect of formal sanctions?
What does labeling theory predict about the effect of formal sanctions?
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What does "coerced work" mean?
What does "coerced work" mean?
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What is the Ban the Box? Is it effective at reducing recidivism?
What is the Ban the Box? Is it effective at reducing recidivism?
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What are barriers to entrepreneurship?
What are barriers to entrepreneurship?
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For which socio demographic group is the risk of homelessness highest?
For which socio demographic group is the risk of homelessness highest?
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What is housing insecurity?
What is housing insecurity?
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What is the criminalization of homelessness?
What is the criminalization of homelessness?
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What are turning points?
What are turning points?
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What did the Supreme Court rule in In re Gault (1967)?
What did the Supreme Court rule in In re Gault (1967)?
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In what way does the nature of proceedings differ in the juvenile system?
In what way does the nature of proceedings differ in the juvenile system?
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What are the pros and cons of the juvenile justice system?
What are the pros and cons of the juvenile justice system?
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What are status offenses?
What are status offenses?
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What are the types of juvenile waivers to the adult system?
What are the types of juvenile waivers to the adult system?
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What is the age of criminal responsibility?
What is the age of criminal responsibility?
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What are the four elements of the "new professionalism" in policing?
What are the four elements of the "new professionalism" in policing?
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What are the unintended consequences of mass incarceration?
What are the unintended consequences of mass incarceration?
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What are the critiques of the abolitionist perspective?
What are the critiques of the abolitionist perspective?
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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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Description
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.