Rehabilitation and Incarceration in the U.S.
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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 places greater emphasis on incapacitation and deterrence. It reflects a desire to limit the discretion of judges and correctional officials in mitigating harsh sanctions, such as 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 institutionalization via the criminal justice system.</p> Signup and view all the answers

What are the consequences of jail incarceration?

<p>Jail incarceration can have significant consequences for individuals, impacting their criminal justice outcomes, employment, health, and family relationships.</p> Signup and view all the answers

What are the key differences between probation and parole?

<p>Probation and parole differ in terms of their timing, governing authority, client demographics, and mandates.</p> Signup and view all the answers

What are the advantages of probation?

<p>Reduced incarceration costs</p> Signup and view all the answers

What considerations get made during parole decisions?

<p>Parole decisions involve considering political factors, 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>Individuals on community supervision are often incarcerated due to technical violations, which are non-criminal offenses like missing a meeting with their probation 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 on community supervision, encompassing incarceration, parole, and probation.</p> Signup and view all the answers

What is diversion? What is deflection?

<p>Diversion refers to alternative pathways that move individuals away from the criminal legal system, offering options to arrest, prosecution, and incarceration. Deflection involves law enforcement referring individuals to community-based services before potential crises, instead of traditional police interventions.</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, the inability of law to address all societal harms, and its lack of self-mobilization.</p> Signup and view all the answers

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

<p>Dynamic Court Model: Courts can be, and often are, significant political actors capable of effecting important social change; (Yes courts can be effective)</p> Signup and view all the answers

What was the "hands off" doctrine?

<p>The &quot;hands off&quot; doctrine reflected the deference of federal courts to state governments in managing correctional facilities until the mid-1960s.</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 make it more difficult for prisoners to file lawsuits and win cases by implementing measures like stricter pleading requirements, limited access to legal assistance, and restrictions on class-action lawsuits.</p> Signup and view all the answers

What was the Costello Injunction in Florida?

<p>The Costello Injunction in Florida aimed to address prison overcrowding by reducing the influx of inmates, accelerating the release of those incarcerated, and defining prison capacity as a key aspect of the problem.</p> Signup and view all the answers

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

<p>Prison siting refers to the process of determining the location of prisons, which has often resulted in the placement of facilities in rural areas with economic challenges. This practice has led to demographic changes, with rural communities experiencing economic growth tied to correctional facilities.</p> Signup and view all the answers

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

<p>The reentry movement gained momentum in the context of a shift away from &quot;tough-on-crime&quot; policies, has received strong public approval, and is increasingly institutionalized as a standard practice. Furthermore, the issue of reentry cannot be ignored due to its direct impact on diverse segments of society.</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. This term is commonly used to measure the effectiveness of criminal justice interventions and rehabilitation programs.</p> Signup and view all the answers

What is the strongest predictor of recidivism?

<p>Poverty is considered the strongest predictor of recidivism, indicating that individuals facing economic hardship are more likely to re-offend.</p> Signup and view all the answers

What is the second chance gap?

<p>The second chance gap refers to the disparity between eligibility and access to &quot;second chance&quot; programs and initiatives designed to assist individuals reintegrating into society after incarceration.</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 amplify deviant behavior, rather than deterring it.</p> Signup and view all the answers

What does "coerced work" mean?

<p>Coerced work on parole refers to situations where individuals are required to work under the threat of criminal repercussions if they fail to comply.</p> Signup and view all the answers

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

<p>Some studies found BTB policies increased the probability of employment for people with convictions by 30% on average.</p> Signup and view all the answers

What are barriers to entrepreneurship?

<p>Barriers to entrepreneurship for formerly incarcerated individuals include financial capital constraints, limited human capital, and limited access to social capital.</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 for Black women, particularly those who have been incarcerated.</p> Signup and view all the answers

What is housing insecurity?

<p>Housing insecurity refers to the lack of security in an individual's shelter, often stemming from high housing costs relative to income, leading to poor housing quality, unstable neighborhoods, overcrowding, and homelessness.</p> Signup and view all the answers

What is the criminalization of homelessness?

<p>The criminalization of homelessness encompasses policies and measures that criminalize life-sustaining activities for individuals experiencing homelessness, such as sleeping or sitting in public.</p> Signup and view all the answers

What are turning points?

<p>Turning points are significant life events that can either positively or negatively influence an individual's trajectory, potentially shifting their behavior patterns.</p> Signup and view all the answers

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

<p>The Supreme Court ruled in In re Gault (1967) that juveniles facing potential commitment to an institution are entitled to certain fundamental constitutional rights, including the right to notice, counsel, confront witnesses, and 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>The juvenile justice system emphasizes a remedial approach, focusing on rehabilitation and addressing underlying issues, while the adult system is largely adversarial, with a focus on punishment.</p> Signup and view all the answers

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

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

What are status offenses?

<p>Status offenses are acts that are considered illegal only when committed by a juvenile and 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>Mandatory waiver: Automatic transfer to criminal court takes place on the basis of the youth's age and the gravity of the offense</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 any offense automatically subjects an individual to adult court jurisdiction, bypassing the juvenile justice system.</p> Signup and view all the answers

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

<p>The four key elements of the &quot;new professionalism&quot; in policing are accountability, legitimacy, innovation, and national coherence.</p> Signup and view all the answers

What are the unintended consequences of mass incarceration?

<p>Mass incarceration has widespread unintended consequences, impacting children and families, mental and physical health, employment opportunities, and political and civic engagement.</p> Signup and view all the answers

What are the critiques of the abolitionist perspective?

<p>Critiques of the abolitionist perspective highlight its absolutist rhetoric, which can alienate some who might support decarceration but are not ready to fully abandon the existing legal order.</p> Signup and view all the answers

Study Notes

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.

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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.

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