Law
CCJ 5700 Bethel University Administration of Corrections Organizations Essay

CCJ 5700

Bethel University

CCJ

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© Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION T U R N E R , T A M M Y 1 5 2 1 T S 28624_FMxx_i_xxxii.qxd 11/29/07 3:58 PM Page i © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION Prison and Jail Administration T U R N E R , Practice and Theory Second Edition Edited by: T Peter M. Carlson, DPA A Associate Professor MDepartment of Government Christopher Newport University M Newport News, Virginia Y Judith Simon Garrett, JD 1 Deputy Assistant Director Information, Policy and Public Affairs Division 5 Federal Bureau of Prisons Washington, DC 2 1 T S 28624_FMxx_i_xxxii.qxd 11/29/07 3:58 PM Page ii © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION World Headquarters Jones and Bartlett Publishers 40 Tall Pine Drive Sudbury, MA 01776 978-443-5000 info@jbpub.com www.jbpub.com Jones and Bartlett Publishers Canada 6339 Ormindale Way Mississauga, Ontario L5V 1J2 Canada Jones and Bartlett Publishers International Barb House, Barb Mews London W6 7PA United Kingdom Jones and Bartlett’s books and products are available through most bookstores and online booksellers. To contact Jones and Bartlett Publishers directly, call 800-832-0034, fax 978-443-8000, or visit our website www.jbpub.com. Substantial discounts on bulk quantities of Jones and Bartlett’s publications are available to corporations, professional associations, and other qualified organizations. For details and specific discount information, contact the special sales department at Jones and Bartlett via the above contact information or send an email to specialsales@jbpub.com. Copyright © 2008 by Jones and Bartlett Publishers, Inc. All rights reserved. No part of the material protected by this copyright notice may be reproduced or utilized in any form, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without written permission from the copyright owner. T U Production Credits Chief Executive Officer: Clayton Jones R Chief Operating Officer: Don W. Jones, Jr. President, Higher Education and ProfessionalN Publishing: Robert W. Holland, Jr. V.P., Sales and Marketing: William J. Kane V.P., Design and Production: Anne Spencer E V.P., Manufacturing and Inventory Control: Therese Connell Publisher—Public Safety Group: Kimberly Brophy R Acquisitions Editor: Jeremy Spiegel Associate Managing Editor: Robyn Schafer , Production Director: Amy Rose Production Editor: Renée Sekerak Production Assistant: Julia Waugaman Director of Marketing: Alisha Weisman Marketing Manager: Wendy Thayer Manufacturing and Inventory Control Supervisor: Amy Bacus Composition: Auburn Associates, Inc. Interior Design: Anne Spencer Cover Design: Jonathan Ayotte Cover Image: © Courtesy of S. Craig Crawford, U.S. Department of Justice. Special thanks to the United States Penitentiary in Marion, Illinois, and the Federal Bureau of Prisons. Chapter Opener Image: © Masterfile Photo Research Manager and Photographer: Kimberly Potvin Text Printing and Binding: Malloy Incorporated Cover Printing: Malloy Incorporated T A M M Y 1 5 Library of Congress Cataloging-in-Publication Data 2 Prison and jail administration : practice and theory / [edited by] Peter M. Carlson and Judith Simon Garrett. —12nd ed. p. cm. Includes bibliographical references and index. T ISBN-13: 978-0-7637-2862-5 ISBN-10: 0-7637-2862-4 S 1. Prisons—United States—History. 2. Prison administration—United States—History. 3. Punishment—United States—History. 4. Prisoners—United States—Social conditions. 5. Correctional personnel—United States. I. Carlson, Peter M. II. Garrett, Judith Simon. HV9304.P725 2008 365.068—dc22 2007033655 6048 Printed in the United States of America 11 10 09 08 07 10 9 8 7 6 5 4 3 2 1 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 1 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION Corrections Past and Present Chapter 1 Chapter 2 Chapter 3 Chapter 4 T U R N E R , History of Corrections American Jails T Prison Architecture A Developing Technology M M Y 1 5 2 1 T S I 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 2 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION 2 | PRISON AND JAIL ADMINISTRATION: PRACTICE AND THEORY YOU ARE THE ADMINISTRATOR Wet and Wild There was no question that (fictional) Mid River Jail inmate Bosco Givens was difficult to have in custody. He was awaiting trial on a charge of rape and had been confined in the county jail for 85 days (though to staff and inmates, it seemed like 85 years). He had been difficult from the moment he arrived. During the admission processing, the admitting officer noted that Givens was acting spacey. He had pupils that were constricted to tiny specks, and he could not walk without support. Staff took him to the county hospital’s emergency room where the ER physician determined that Givens was high on heroin. Once he was back at the jail, Givens was constantly creating problems in the cell house. He had to be segregated after picking a fight with another inmate and often started arguments with staff members. He cursed at officers, threw food at them, T spit in their direction. The jail administrator had a mental health and occasionally U evaluate Givens, but the psychologist reported that Givens was not professional mad . . . just R bad. Recently, Givens used his food tray to reach up and break the sprinkler head N off the emergency fire suppression sprinkler in his cell. By the time the staff on E to shut down the sprinkler system, Givens was soaked. The lieuduty managed tenant on R duty ordered that Givens be placed outside in the secure recreation cage while his cell and surrounding area were mopped up. This might have been a rea, sonable action, except that the temperature outdoors was 28°F, and Givens was left outside in cold, wet clothing for over an hour. Afterwards, Givens filed a complaint with Tthe county jail authority through his attorney. The incident was reported in the local newspaper, and it seemed that everyone believed the jail staff had actedA inappropriately. The local newspaper editor wrote an editorial condemning the M jail personnel for their “Gestapo-like” punishment tactics. M jail personnel have handled this incident? How should How would Y inmates like Givens have been dealt with in the past? ■ What aspects of prison architecture could offer potential solutions to dealing with difficult inmates? ■ What technological 1 developments could assist in similar situations in the future? ■ ■ 5 2 1 T S 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 3 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION History of Corrections 1 Peter M. Carlson, Tom Roth, and Anthony P. Travisono ■ ■ ■ T U R N Grasp why the concept of punishment has become such a major force in the American administrationEof justice. Identify the differences between the Auburn and Pennsylvania systems. R Outline the history and trends of prison reform, including the , environment after World War II and significant change in the prison the decline of the medical model. T A M It may be hard to imagine a time when M there were no prisons in the United States, but America has responded to criminal behavior in a variety of ways throughY out its history. The way society treats its scofflaws and crooks varies with the times and is a reflection of society’s ideas and values. 1 5 Sentencing 2 There are four predominant sentencing 1 goals in the American judicial system: ■ Rehabilitation—preparation for a law-abiding return to the community T ■ Specific deterrence—sentence that deters individual offenders from comS mitting future crimes General deterrence—the effect on other citizens that prevents future crimes Punishment—creation of pain or suffering (emphasizes the negative aspect of sanctions) Judges often are working to achieve one or more of these goals in sentencing offenders. In doing so, they may institute one or more of the following sanctions. ■ ■ 3 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 4 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION 4 | PRISON AND JAIL ADMINISTRATION: PRACTICE AND THEORY Fines Along with probation and incarceration, fines are one of the most basic punishments found in the current criminal justice system in America. Fines are monetary sanctions imposed by the courts for offenses ranging from misdemeanors (violations like shoplifting) to felonies (crimes like murder). Fines may be the only sanction imposed by the court, or they may be combined with other alternatives such as probation, restitution, or confinement. The laws and guidelines that authorize the use of fines vary widely across criminal court jurisdictions and tend to be applied inconsistently. Research is not clear as to whether fines are an effective punishment in deterring criminal behavior, because the effect of monetary loss strongly depends on individual financial resources. Some jurisdictions have tried to compensate for this concern by utilizing day fines that are based on an individual’s income and assets. Day fines also vary based on the severity of the offense and are considered a much more equitable method of assessing monetary sanctions. However, T as criminologist Douglas McDonald notes, the specific economic circumstances U may be difficult to determine accurately.1 of an offender R Restitution N Another monetary punishment that can be imposed on convicted persons is a requirementEto make restitution to the victim or the community. Restitution is often required R as a partial sanction and can be used as a condition of another punishment such as probation. This sanction involves paying a specified amount of , money to the person damaged by a criminal act or repaying the local community by the performance of community services. Many judges T impose other economic punishments, including requiring the offender to pay for court costs or to forfeit certain assets that he or she may A have. The forfeiture of owned property is often tied to the personal property Msome manner to the crime. For example, in federal courts it is connected in commonplace M for an offender to forfeit an automobile or airplane if the vehicle was associated with criminal activity. Y Probation According to1the Bureau of Justice Statistics, over 4.9 million adults were under federal, state, or local probation supervision in 2005, with approximately 4,162,500 5 on probation and 784,000 on parole.2 Probation supervision allows the offender to remain in2the community with special conditions and accountability requirements. Probation is generally associated with incarceration in the sentencing 1 process; if the individual does not meet all conditions of probation, probation is revoked, andTthe sentence is served in prison or jail. Sprobation is another form of community supervision sanction. It Intensive is occasionally utilized by the courts for those individuals who may be considered high risk. In general, intensive probation means the supervising probation officer has a smaller caseload and therefore is able to spend more time supervising and assisting the offender. This variation of probation also demands more intense reporting requirements and often has more structured accountability of the probationer’s whereabouts, as well as living and working conditions. 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 5 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION History of Corrections Incarceration The courts utilize incarceration—a criminal sanction that involves the sentencing of an offender to a term of confinement in a prison or jail—when the offense or the individual’s personal characteristics are such that the judge believes that society must be protected from the possibility of further victimization by the criminal. Confinement is typically placement in a jail or prison. Jails are generally used for shorter-term confinement for those serving misdemeanor sentences of one year or less. Prisons confine those sanctioned for felony convictions and sentenced to more than one year. Some states and the federal government have policies that permit the use of private, for-profit confinement facilities. Incarceration has gained tremendous popularity in the modern American view of corrections. It is the most common (and most commonly expected) form of punishment and is almost exclusively the sanction for serious and repetitive offenders. The placement of a criminal behind bars—the taking of one’s liberty— believed by many to have the most significant effect on crime and is the punishT ment that victims of crime typically expect from American jurisprudence. U in punishment today, and short of capital Prisons and jails play a major part punishment, confinement is the most R serious sanction utilized by courts in the United States. Imprisonment as punishment is an American concept that has been N adopted throughout the world. The rate of incarceration in the United States (491 Ebelieved to be the highest in the world, reper 100,000, as of December 2005) is liant on the credibility of international R statistics. The nation’s federal and state prison inmate population grew to nearly 2.3 million in 2005, with one out of every 108 men confined to prison or jail.3, Further, American criminal courts are heavy-handed in that prisoners serve longer sentences than in other countries. T The stringent “get tough” policies enacted throughout the last 25 years continue to have a huge impact on the growth A of the populations of our nation’s correctional facilities. Present-day sentencing M includes mandatory sentencing requirements for many drug offenses, truth-insentencing provisions that preclude M release on parole, and three-strikes laws for repeat offenders. Y Role of Law 1 5 of society trade some restriction in exLaw is a social construct in that members 2 change for some benefit from the government. Laws are established by every society, and violations of the law are defined by those in power. The definition of 1 what is legal or illegal changes over time in all societies as collective views and T States outlawed the manufacture, transattitudes shift. For instance, the United portation, and sale of alcohol during SProhibition and subsequently legalized it again. When people band together as friends, family, society, or as a nation, they develop social rules and apply the rules to all members. This requires submission to the accepted mores, and, in turn, demands a sanction if one does not comply with expectations. Nonobedience requires a price—punishment. Vengeance, both from the aspect of private retaliation and from public justice, is a key aspect of our human | 5 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 6 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION 6 | PRISON AND JAIL ADMINISTRATION: PRACTICE AND THEORY nature. When we are injured by another, figuratively or literally, our nature is such that we want and expect the offender to be dealt with in a just manner. This concept of lex talionis—an eye for an eye—has been well accepted in many cultures around the world. Punishment is the infliction of a penalty and often includes a component of retributive suffering. Punishment for misbehavior and violations of the law, or any perceived malfeasance on the part of others, is a social response that can be found throughout the history of all major civilizations. American society believes in punishment. The concept of just deserts (justification for punishment) has its roots in the early history of the original colonies and even earlier in British jurisprudence. Role of Religion Retribution is also important in American culture, and the evolution of retribuT has intertwined with that of religion over the years. The Roman tive punishment emperor Justin U organized Roman law through a written document known as the Justinian Code which has had a lasting influence over the centuries. However, R as the Roman Empire disintegrated, chaos ruled Europe, and there was no cenNother than the church, whose punishments were often bloody and tral authority violent. E The concept of free will has evolved from the religious belief that one should R to follow the path of righteousness. The parallel thought is that make the decision one may also, choose to violate the law and should therefore be held responsible for his or her actions. This idea has formed the center focus of the American criminal justice system, and it is the logic behind the development of rehabilitative T the judicial system. programs within A M History M of Punishment The earliest Y prisons in America were modeled after English houses of confine- ment, or gaols, which were utilized for short-term detention of law violators awaiting trial. They were not pleasant places but were a vast improvement over the Anglo-Saxon1legacy of revenge in which felons were often publicly humiliated, banished, tortured, or killed. 5 Previously, corporal punishment had been imposed with impunity, and the 2 severity of the sanctions was extreme. Offenders were buried alive, beheaded, 1 at the stake, boiled, stoned, and otherwise mutilated in every drowned, burned imaginable way. T All punishment was public, and even minor sanctions such as placement inSthe pillory were conducted in front of amused crowds. These sanctions were greatly valued and have contributed to the seeming blood-thirsty nature of revenge and retribution. Justice certainly has evolved from this patchwork of societal response to crime, but the American sense of justice is deeply steeped in the physical and aggressive punishments of early England. In the 16th century, the Church of England began to use the bishop’s facility at St. Bridget’s Well for confining and beating misdemeanants for crimes such as prostitution and begging. Such institutions, known as bridewells, became commonplace. 28624_PT1_001_058.qxd 11/29/07 4:01 PM Page 7 © Jones & Bartlett Learning, LLC. NOT FOR RESALE OR DISTRIBUTION History of Corrections As these facilities spread, they rapidly deteriorated and became known as “houses of darkness” because of the conditions of confinement. These British gaols were dimly lit, filthy, and disease-ridden. The English prison-reformer John Howard noted that more prisoners died of sickness and disease than execution.4 All inmates, regardless of their gender, age, or offense, were confined together in these houses of pestilence. England often utilized deportation (transportation from one’s homeland) as punishment. Hundreds of thousands of lawbreakers were banished to the American colonies, and later to Australia, where they were forced into servitude for a number of years as part of their punishment. Later, John Howard introduced the concept of a penitentiary, a prison in which incarcerated people are given the opportunity to repent for an extended period of time, and helped pass the Penitentiary Act in 1779. This Act provided several major reforms, including requiring secure and sanitary facilities and inspections, abolishing fees for basic services, and introducing a reformatory model. T U Punishment in the American Colonies R N to view crime as a sinful act, not a social Colonists in the United States tended problem.5 Criminals were viewed as E sinners, not as individuals who were led astray by imperfections in society. Punishments imposed in colonial times reR demanded harsh penalties, and an exsembled those used in England. Justice , subject to death, banishment, or various traordinary number of offenses were forms of corporal punishment. Jails in America did exist, but imprisonment was rare and was primarily intended to detain those awaiting trial or sentencing or those who were unable to pay theirTdebts. When jails were used for the ...
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Running head: ADMINISTRATION OF CORRECTIONS ORGANIZATIONS

Administration of Corrections Organizations

Name:
Institution:
Date

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ADMINISTRATION OF CORRECTIONS ORGANIZATIONS

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Administration of Corrections Organizations
Question 1
According to Carlson and Garrett (1999), the Quakers assembled America's first jail
toward the finish of the eighteenth century. Their thought processes were charitable—they
looked for a sympathetic option in contrast to flogging and the death penalty. The Quakers'
unique goal was to restore prisoners through difficult work, Bible investigation, and contrition.
Today, over 200 years after the fact, the Quakers' objective of recovery has been dominated by
what some policymakers call progressively practical objectives—prevention, requital, and
debilitation.
The 1950s joined progressive thoughts of treatment with a developing accentuation on
human science. Bolstered by the blasting post-war economy, jail the executives extended the
Progressives' arrangement framework, which classified detainees dependent on "treatability"
with an end goal to isolate solidified hoodlums from those bound to be restored. Penologists
utilized psychiatry and treatment with an end goal to "fix" the "infection" making the detainees
carry out violations (Lacey and Soskice, 2015).
Until the finish of the eighteenth century, law requirement utilized whipping, for
example, beatings and the stocks to hinder offenders. The jail was presented as an others
conscious other option, upheld by reformers, for example, Dr. Benjamin Rush. Be that as it may,
Incarceration was not the basic component of the improved framework, and recovery was not its
normal objective." The early model of the jail despite everything planned for discouraging
culpability, so the framework included little arrangement for restoration. Reformers rather made
a framework to secure individuals up a controlled setting for an all-inclusive time as a methods

ADMINISTRATION OF CORRECTIONS ORGANIZATIONS
for discipline. This disregard in the first structure may clarify the later clash in the character of
the jail, as reformers started to change the strategic prevention to recovery (Lacey and Soskice,
2015).
The 1950s joined Progressive...

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