Rehabilitation and Incarceration in the U.S.

Factors Affecting Rehabilitation in Prisons

• Lack of resources hindered rehabilitation efforts.
• A 1974 study concluded that treatment programs were ineffective ("nothing works").
• The medical model of corrections was deemed flawed.

Correctional Control Emphasis

• Focuses on incapacitation and deterrence.
• Limits judicial and correctional mitigation of harsh sanctions (e.g., mandatory minimums).

Inmate Population in the U.S.

• 1.9 million individuals are currently incarcerated.

Significance of Jails

• Initial point of entry into the criminal justice system.
• Unpredictable length of stay creates instability.
• Locally funded and administered.
• Diverse population with varied reasons for incarceration.

Consequences of Jail Incarceration

• Increased likelihood of prison sentencing for those detained pre-trial.
• Lower employment rates and reduced receipt of government benefits.
• Increased rates of depression, binge drinking, and illicit drug use.
• Heightened emotional stress, parenting strain, work-family conflict, social stigma, and financial strain for families.

Probation vs. Parole

• Parole is early release from prison supervision.
• Probation is a period of community supervision.
• Significant differences in governing authority, client types, and mandates.

Advantages and Disadvantages of Probation

• Advantages:*
• Cost-effective alternative to incarceration.
• Enables rehabilitation opportunities.
• Lower recidivism rates potentially.
• Maintains community and family support.
• Flexible approach to punishment.
• Disadvantages:*
• Minimal social service support or incentives.
• Increased family/social responsibility.
• Increased stress for individuals and families impacted

Parole Decision Considerations

• Political factors (timing of release).
• Evaluating rehabilitation progress and readiness for release.
• Prison capacity limitations.

Reasons for Recidivism Among Community Supervision Individuals

• Technical violations (e.g., missing appointments).
• Non-criminal offenses.

Mass Punishment Definition

• Incarcerated population + individuals under supervision (parole, probation).

Diversion and Deflection

• Diversion:* Alternative pathways to the criminal legal system.
• Deflection:* Law enforcement referral to community services for treatment before a crisis arises, prioritizing prevention over arrest.

Limitations of Law

• Difficulty in addressing many types of rule violations.
• Inability to remedy all societal harms.
• Lack of mobilization of law itself.

Court Models

• Dynamic Court:* Courts can effect social change.
• Constrained Court:* Courts are not effective in producing societal change.
• Contingent Court:* Social change through courts depends on overcoming the constraints.

"Hands-Off" Doctrine

• Federal courts previously deferred to state corrections until the mid-1960s.
• Ended with the Cooper v. Pate ruling in 1964.

Prison Litigation Reform Act of 1996

• Made it more difficult to initiate and win lawsuits against prisons.
• Required exhaustion of administrative remedies.
• Stricter standards for granting relief.

Costello Injunction in Florida

• Focused on reducing prison overcrowding, expediting inmate release, and reducing violence.
• Pushed responsibility for population reduction onto the Florida Department of Corrections (FDOC).

Prison Siting and Demographic Implications

• Prison construction spurred economic growth in some rural areas.
• On average, every 100 incarcerated persons created approximately 35 jobs.

Factors Contributing to Reentry as a Permanent Feature

• The unignorable nature of the problem.
• Institutionalization of reentry practices.
• Reentry movement emerged during reduced "tough on crime" sentiment.
• Broad public support for reentry.

Recidivism Definition

• Rearest, reconviction, or reincarceration of an ex-offender within 3 years of release.

Strongest Predictor of Recidivism

• Poverty.

Second Chance Gap

• Discrepancy between eligibility for and receipt of second-chance programs.

Labeling Theory Implications

• Formal sanctions can amplify, rather than deter, further deviant behavior.

Coerced Work

• Required work under threat of criminal repercussions for parolees.

Ban the Box Policies

• Restrictions on employers' criminal background inquiries in job applications.
• Mixed evidence regarding effectiveness in reducing recidivism.

Barriers to Entrepreneurship for Ex-Offenders

• Limited financial resources.
• Insufficient human capital (education, training).
• Lack of social capital (networks, role models).

Highest Risk Group for Homelessness

• Formerly incarcerated Black women.

Housing Insecurity

• Instability in housing due to high costs relative to income and poor housing quality.

Criminalization of Homelessness

• Policies that make life-sustaining activities illegal.
• Includes ordinances restricting sleeping, camping, eating, sitting, and soliciting.

Turning Points

• Events or life changes that disrupt or influence an individual's trajectory, potentially leading to criminal behavior or reduced likelihood of it.
• Examples: marriage, employment, and military service.

Supreme Court Ruling in In re Gault (1967)

• Ensured four basic constitutional rights in juvenile hearings: notice, counsel, questioning witnesses, and protection against self-incrimination.

Juvenile System Proceedings Differences

• Remedial in nature instead of adversarial like adult court proceedings.

Juvenile Justice System Pros & Cons

• Pros:*
• Reduced stigma associated with deviant behavior.
• Separation of juveniles from adult offenders.
• Addresses social, emotional, and educational needs.
• Protects from harsh adult punishments.
• Cons:*
• Potential leniency for serious offenses.
• Inconsistencies between juvenile and adult sentences.
• Limited due process rights for juveniles.

Status Offenses

• Juvenile-specific offenses (e.g. truancy).

Types of Juvenile Waivers

• Discretionary: Judge's decision for transfer.
• Mandatory: Automatic transfer based on age/offense.
• Presumptive: Burden of proof on juvenile to oppose transfer.

Age of Criminal Responsibility

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

Four Elements of "New Professionalism" in Policing

• Accountability: To superiors, community, and the courts.
• Legitimacy: Building trust and credibility with citizens.
• Innovation: Utilizing successful strategies from other departments.
• National Coherence: Consistent policies and procedures across jurisdictions.

Unintended Consequences of Mass Incarceration

• Impact on children, families, mental/physical health, employment, civic engagement.

Critiques of Abolitionist Perspective

• Absolutist rhetoric may discourage support.
• Rejecting "reformist reforms" might limit potential change.

Explore the complexities of rehabilitation efforts in U.S. prisons, including the challenges posed by resources and ineffective programs. This quiz delves into the consequences of jail incarceration and its impact on inmates' lives, as well as the role of jails in the criminal justice system.