Exam 1 Review - California Corrections, Prisons, Punishment, and Sentencing - PDF

Week 1 – California Corrections AB 109: Public Safety Realignment Act: ○ What prompted it? Violation to the 8th amendment Bad Prison Health, Inmates loss of life Overcrowding What percentage capacity were they required to get down to? ○ 137.5% What 3 populations did it affect? ○ Lower Level Felons, Lower Level Releases, Parole Violators 3 nons Non-violent, Non serious, Non-sexual ○ What jurisdiction were they housed (e.g., county, state)? People from state prison, were moved to county jails What was the result of AB 109/impacts on CA corrections? ○ Decreased prison populations but increased jail population ○ Lots on pressure on the county system States did not good job at the handoff of people from prison to jail Be able to identify and briefly explain the following propositions: ○ 3-strikes A rule created that stated people with 2 prior felony convictions would receive a harsher sentence if they committed a crime for a 3rd time. It was meant to act as a deterrent of repeat defenders Increased prison population more likely for repeat offenders to get incarcerated Lead to overcrowding, ○ Prop 47 Property and drug offenses reclassified from felonies to misdemeanors Prison population decreased, Jail population increased Overall slight decrease in incarcerated individuals Wants to release offenders to reduce overcrowding ○ Prop 57 Non violent offenders are considered for parole if they serve their primary term. Implemented a credit in which offenders could “buy back” their time rehabilitative achievement Credits (RAC) So far we have not significant impacts Wants to reduce overcrowding through early release systems encourage rehabilitation through encouraging education, good merit, etc ○ Prop 36 (2024) Somewhat revered the effects Prop 47, by clarifying certain offenses from misdemeanors to felonies Increases sentence of certain drug and theft crimes So new, we don't yet know the effects of this proposition. has the potential to increase prison populations since past misdemeanors are now felonies stricter punishments and sentences for property and drug crimes overall What impact did each of these propositions have on California Corrections? ○ Week 2—Prisons, Punishment, and Sentencing Definition of corrections ○ Difference between incarceration and corrections Incarceration Just behind bars Corrections The whole system Corrections is the variety of programs used to manage individuals accused of criminal offenses broad and takes into account not only incarceration, but also community based programs like rehab, probation, parole, etc What comprises corrections? ○ broad and takes into account not only incarceration, but also community based programs like rehab, probation, parole, etc What is the major purpose of corrections according to Dr. Pappas? ○ To carry out the criminal sentence Who manages corrections? ○ Federal Government, States, and Local Agencies Who gets what sentence? ○ Probation Less serious, court sets aside prison sentence on the condition the offender abide by certain condition ○ Jail For misdemeanors, sentenced to less than 1 year and those awaiting trial ○ Prison For felonies, sentenced to 1 year plus** ○ Parole Imposed at the end of prison sentence ○ Difference between felony and misdemeanor ○ Felony Crimes that are punishable by a year or more in State Prison ○ Misdemeanor Less serious crimes punishment by jail only Why do most crimes not end in imprisonment? Approximately what percentage do? ○ Crimes being underreported — Fines, lack of reporting , parole, Percentage 1.8% Be able to identify the 4 purposes of punishment and briefly explain what each one does ○ Deterrence Two types of Deterrence General Deterrence ○ Make it so a group is discouraged from committing a crime based on the punishment Specific deterrence ○ Make someone not repeat an offense (usually for a specific individual) ○ Rehabilitation Making sure that you are building the offender into a productive member society. HELP PEOPLE REINTEGRATE INTO SOCIETY ○ Incapacitation Lock Em Up Individuals are removed from society so that they cannot harm society ○ Retribution Eye for eye Make the victim & society affected by the crime whole again by punishing the offender Be able to identify the traditional punishments of the old world, including the most common one before Reform movement ○ Imprisonment ○ Transportation (Banishment) ○ Corporal Punishment & Death ○ Public Humiliation ○ Most Common Punishment Before Reforms: Death ○ Galley Slavery Be able to list the 2 dimensions of sentencing guidelines and explain what each dimension is based on ○ Offender score Criminal History Score ○ Offense severity score Be able to know the difference between the 4 sentencing structures ○ Structured Sentencing guidelines X-y axis of offender score and offense severity Mandatory(minimum) Sentencing A sentence specifying a required minimum term of incarceration for certain offender Determinate sentencing Sentence of incarceration involves a fixed term of years, determined in advance and imposed at time of sentencing ○ Unstructured Indeterminate sentencing Period of incarceration, with minimum and maxim terms determined by judicial or legislative authority at time of sentencing Released usually decided by parole board Goal: to reform offender (rehabilitation) What are the 2 ways to reduce sentences discussed in lecture? ○ Clemency ○ Good time Week 3-4 – Jails What types of offenders are jails primarily used for? ○ Misdemeanors / those awaiting trial What are the 2 methods of pretrial release? Be able to describe them too ○ ROR (Release on Recognizance): No bail required; based on community ties. ○ Bail Pay a certain amount so that you don't have to be held in jail Set by the judge Given back to you after you show up to court ○ What are the controversies over bail? Capitalist Racist Classist Ineffective Is it a good enough incentive ○ What makes a person a better bail risk? Community ties, Same address for years, living with spouse / family, is employed (stable job) What are plea bargains? ○ A deal between the prosecuting attorney and the defendant Deal between the accused at the state Deal between the accused & the state to avoid trial. More likely among lower-class offenders with public defenders due to system overload. ○ What makes someone more likely to take a plea? Don’t have a private attorney, lack of representation (can't afford one) ○ How does it relate to social class? / What are the problems with plea bargains? More likely among lower-class offenders with public defenders due to system overload. Tied to race Problems Overburdened judicial process Public defenders overworked Not enough resources Can't fight for every client Easier to take the plea Structural disadvantages What are examples of “special needs inmates”? ○ Chemical Dependency ○ Mental Health ○ Gang Affiliations Already affiliated with gangs prior to entering the facility ○ Communicable disease ○ Which are the two biggest special needs populations in jails? Chemical Dependency Mental Health Why are jails the main facility to serve those with mental health needs? ○ All of the hospitals for mental closed, so jails became the main facility Be able to explain how the “sequential intercept” model works ○ Mentally ill people to get treatment and get out of jail ○ We use the sequential intercept to divert inmates to community-based mental health programs. ○ prevention ○ law enforcement reform/training towards community based training ○ jail diversion programs that push for rehab/restoration instead of incapacitation ○ reentry programs to reintegrate members into society ○ What are the benefits of a “podular jail”? ○ Def: A jail that looks like a UCI dorm A facility of “podular” architectural design and with management policies that emphasize staff-inmate interaction and the provision of services to inmates Self-contained living area for 12-24 inmates, composed of private, individual cells and open areas for social interaction ○ What purpose does it serve? Reduce incidents Better interaction and programming More direct supervision Be able to define direct supervision and list 2 advantages of a direct supervision jail ○ Def A method of correctional supervision in which staff have direct physical interaction with inmates throughout the day ○ Advantages Significantly reduce problem inmate behavior Keep jails safe and secure Allow management techniques to prevent negative behavior and encourage positive behavior Reduce physical barriers Week 4—Probation What is the most common form of supervision? ○ Probation What are the key features of probation? ○ Pre-sentence investigation ○ Supervision conditions ○ Social casework (e.g., jobs, housing) ○ Court reporting & revocation What is the definition of probation? ○ Term of community supervision imposed by a judge instead of a jail sentence Be able to list and describe the two functions of a probation officer ○ Case investigation Preparation of the presentence investigation (PSI) report from the court ○ Client supervision Nearly all probationers have 3+ restrictions placed on them -Probation officers monitor these court-ordered conditions Be able to list the 3 types of conditions of probation and provide examples of each condition ○ Standard Base Conditions applied to every Probationer ○ Punitive Increase pains of probation Like fines Restitution ○ Treatment Getting treated for mental health or chemical dependency Be able to explain the biggest challenge for probation services, including: ○ Balancing Law enforcement and Social Work perspective Dual perspectives ○ Law enforcement: Concern: public safety Focus: risk Operation: surveillance, close controls, drug tests ○ ○ Social work: Concern: humanitarian Focus: reformation Operation: assistance, service, support and programs Be able to list and explain the two ways probation is terminated ○ Successful discharge -Early termination -Normal termination (at expiration of terms) ○ Unsuccessful revocation Arrest, conviction for a new crime -Technical violation of rules/violating conditions of probation Be able to define recidivism according to CA’s definition and list other ways recidivism can be operationalized (defined) ○ CA Re - conviction within three years after the release of probation parole or incarceration Other ways to define recidivism ○ Arrests ○ Official data ○ Self-report ○ Chart new offense over elapsed time Measure time elapsed until the next crime ○ Be able to understand which agencies prefer which type of recidivism definition Courts looking at re-conviction / filing new charges Law enforcement looks at re-arrest Correctional looks at re-conviction Week 5—Intermediate Sanctions What was the main motivation for intermediate sanctions? What is its purpose? ○ Alternative to jails are prison ○ Middle ground for prison and probation ○ Purpose Felons were not doing well on probation so it was an alternative to sending them back to prison Traditional probation does not work for most offenders Imprisonment is too much Justice is best served by options between these extremes What are examples of intermediate sanctions? ○ Isp Intensive Supervision Probation ○ house arrest ○ Community service ○ Bootcamp What is the biggest consequence to intermediate sanctions? ○ Technical violations ○ Net widening—more people end up under supervision who wouldn’t have before. ○ Explain how widening the net occurs and why it is a problem? offenders who would have only received probation now get placed in more restrictive programs like isp causing them to become further entrenched in the system Be able to describe two of the 4 most common forms of IS in CA ○ Work Release ○ House Arrest ○ Intensive supervision probation ○ Electronic monitoring What is the consequence of ISP (e.g., findings of Petersilia & Turner, 1993) as discussed in lecture? ○ Increase in technical violations Found no difference in rearrest rates, only tech violation ○ Pioneered the surveillance effect Why are day fines an attractive intermediate sanction? ○ They are not classist ○ Equitable ○ Based on income ○ The fine is based on a standard unit based on the crime and the net daily income of the person ○ Calculation of a fine based on the severity of the crime and the person's income What is the principle of interchangeability? ○ idea that different types of intermediate sanction can be calibrated so that they may be compared quantitatively with one other, despite significant differences in approach Readings What are the main findings of Turner et al. (2015)? ○ No significant differences between comparison and GPS parolees with regard to criminal sex and assault violations ○ intermediate sanctions were found to have no effect on recidivism ○ Which group of offenders have the largest reduction in recidivism? The smallest reduction? GPS had more technician violations soley because they were monitored more NON - GPS and GPS had the same rates for serious crimes What are the main findings from Taxman (2015)? ○ people in the justice system must be able to view themselves with a redemption script to advance efforts to reduce recidivism ○ How can probation monitoring be enhanced? Tailoring supervision intensity and intervention based on risk level and criminogenic needs Implementing swift and certain responses to compliance and violations Cognitive behavior intervention therapy programs to address criminal thinking patterns Technology and electronic monitoring or other digit tools to improve supervision efficiency and compliance tracking Guest Lectures Gabe Rosales ○ Be able to list and describe the 4 pillars of the Californian Model Dynamic security Officers engage with inmates positively Building a relationship between the officer and the inmates correctional staff taking on a new persona, can still be secure without treating others like garbage Normalization Creating an atmosphere that models the outside world Pictures of nature and or real nature like trees Peer mentorship inmates supporting each other Trauma informed Recognizing that incarceration itself is trauma it's just an approach that takes into account the trauma an individual experiences ○ What did Gabe say is the biggest difference between those who succeed and those who do not? soberness, good support system, job training ○ What makes a Non-Designated Programming Facility Special? Houses special needs, those in protective custody, general custody. Removes the racial politics and general politics of prison to allow inmates to do their time without the politics Houses inmates willing to engage in rehabilitative programs. Benefits: Reduced gang influence, increased access to programs. Mikaela Nielsen ○ How does having an incarcerated parent affect educational success? 15% kids graduate from college if father incarcerated 2% kids graduate from college if mother incarcerated ○ What is the difference for those with incarcerated fathers compared to incarcerated mothers? 15% kids graduate from college if father incarcerated 2% kids graduate from college if mother incarcerated Those with incarcerated mothers have higher potential of falling into crime/being imprisoned later on in their lives. ○ Why is there a gap between who needs mental health and those who receive it? women in jails receive fewer resources due to male dominated populations Jails are not made for long term stay and dont have the necessary programs Need to flip out before people service you People don't receive treatment unless they are crashing out hard asf ○

Exam 1 Review - California Corrections, Prisons, Punishment, and Sentencing - PDF

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