corrections chapter 9-13 Flashcards
(186 cards)
1
Q
what are bureaucratic functions?
A
purchasing food, buying supplies, and even ground maintenance
2
Q
expectations of a CO
A
counsel, supervise, protect, and care for inmates
3
Q
lock psychosis
A
resulting from routine nmbering, counting, checking, and locking
4
Q
primary incentice for becoming a CO
A
the security of a civil service job
5
Q
Hourly wage of cadets in CT
A
19.76/hour
6
Q
wage increase of CO’s after 10 weeks of academy training
A
21.96/hour which is a minimum ammount of 41,542/year
7
Q
accomplishment of the civil rights act of 1946 and affirmative action programs
A
changed the racial and gender make up of CO’s. 30% are now minorities and 23% are now women
8
Q
CO training topics
A
- report writing
- communicable diseases
- inmate manipulation
- self-defense
9
Q
evidence based training
A
plays a significant role in developing correctional leaders’ knowledge, skills, and abilities to overcome challenges and meet demands
10
Q
block officer
A
Officers in the cell blocks have the closest contact with inmates
Work in the housing units is dangerous because officers do not carry weapons and are greatly outnumbered
11
Q
block officer job
A
Move inmates to dining halls, work, and medical Must oversee maintenance Enforce rules Handle inmates personal problems Carry out the warden’s orders
12
Q
work detail supervisors
A
watches over inmates while they work. i.e. clean blocks, serve food, make food. its less stressful than block officer. relationships between officer and inmate are prevelant here
13
Q
yard officer
A
comparable to being “on the sreet”. officers maintin a presence in the area while preserving order and focusing on security.
14
Q
perimeter security officers
A
almost no inmate contact. this assignment is saved for new recruits or veterans who dont get along with inmates.
15
Q
problems with being a women CO
A
no longer limmited with working with just female inmates. often target of discrimination and excluded from some work assignments.
16
Q
study conducted by Zimmerman about female CO’s
A
women could not handle the violence from inmates
17
Q
health problems due to job stress of CO
A
Heart disease Eating disorders Substance abuse Frustration Negative work related attitudes Emotional /physical exhaustion
18
Q
job burnout
A
is more advanced whereas the correctional officer is either emotionally and/or physically worn out, often resulting in long-term stress
19
Q
procedural justice
A
fairness of the organizational process
20
Q
distibutive justice
A
organizational outcomes such as pay increases, preformance evaluations, and job assignments
21
Q
boundary violation
A
behavior that blurs, minimizes, or disrupts the social distance between prison staff and inmates resulting in violations of departmental policy
22
Q
how many types of boundary violations are there
A
3
23
Q
gerneral boundary violoations
A
Staff-inmate exchanges of material goods or written correspondence
24
Q
dual relationships
A
Disclosing personal information to inmates or excessive flirting
25
self-inmate sexual contact
Intercourse and other sexual acts
26
5 situations where it is leagally acceptable for officers to use force
1. self defense
2. defense of third persons
3. upholding prison rules
4. prevention of a crime
5. prevention of an escape
27
collective bargaining
another name for unions
28
coopr v. pate- 1964
Said that Section 1983 provides a means for inmates, probationers, and parolees to bring lawsuits against correction officials
29
monell v. department of social services of the city of new york - 1978
Individual officers and the agency may be sued when the agency’s “customs and usages” violate a person’s civil rights
30
section 1983
The defendant must be a person
The defendant must be acting under color of state law
The defendant must have been personally involved in the alleged injury
31
Vicarious liability
the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.
32
Hope v. Pelzer – 2002
Court denied qualified immunity to Alabama correctional officials who had handcuffed an inmate to a hitching post in the yard denying him adequate water and bathroom breaks
33
8th Amendment
cruel and unusual punishment
34
five rules highlighted that an employee should follow to protect from civil rights lawsuits
1. Follow agency policies and instructions of a supervisor
2. obtain good training
3. become familiar with the law directly affecting the job
4. to ensure a good defense when being sued, find a good mentor
5. keep good records
35
parole
A conditional release of an inmate from incarceration, under supervision, after part of the sentence has been served
36
parol rests on 3 concepts
1. grace or privilage
2. contract of consent
3. custody
37
whos released on parole
only felons sentenced of one year or more
38
alexander maconochie
administrator of British penal colonies in Tasmania and elsewhere in South Pacific. key figure in developing parole in the 19th century
39
sir walter crofton
built on Maconochie’s idea and that an offender’s prison progress and a ticket-of-leave were linked. : those who graduated through his three successful levels of treatment were released on parole with a set of conditions
40
Zebulon Brockway
superintendent of Elmira Reformatory. He released inmates when their conduct showed that they were ready to return to society
41
first reformatory
took shape in 1876 at elmira, new york
42
basic mechanisms for release from prison
```
Discretionary release
Mandatory release
Probation release
Reinstatement release
Other conditional releases
Expiration Release
```
43
States retaining indeterminate sentences
```
allow discretionary release
Parole board releases inmate to conditional supervision on the basis of:
Nature of offense
Inmate's behavior
Participation in programs
```
44
States and federal jurisdiction retaining determinate sentences
allow mandatory release. occurs after an inmate has served time equal to the total sentence minus any “good time”. parole supervision for the rest of the sentence
45
SHOCK INCARCERATION
first time offenders are sentenced to a short period in jail
46
Inmate’s eligibility for release to community supervision depends on
Requirements set by law
| Sentence imposed by court
47
Eligibility for an appearance before the parole board is a function of:
The individual sentence
Statutory criteria
Inmate’s conduct pre-incarceration
48
In some states, eligibility is at the discretion of the parole board or calculated at
One-third
| One-half of the maximum sentence
49
One important effect of discretionary release
parole board can shorten a sentence imposed by a judge
50
Second Chance Act of 2007
designed to ensure successful return of prisoners to the community. act provides federal grants to states to support reentry initiatives
51
initiatives of the second chance act
Employment and housing
Substance abuse and Mental health treatment
Children and family services
52
conditions of release
Restrictions on conduct that parolees must obey as a legally binding requirement of being released
53
how many states Restrictions on conduct that parolees must obey as a legally binding requirement of being released
all except for maine
54
revocation
When people fail on parole, their parole is revoked and they are returned to prison for two reasons:
Committing a new crime
Violating conditions of parole
55
Morrissey v. Brewer (1972)
The U.S. Supreme Court requires a two-stage parole-revocation proceeding
expanded legal protections to parolees such as:
The nature of the due process hearing referencing revocation hearings
56
due process rights for parolees include:
Written notice of the alleged violation
Disclosure of the evidence against parolee
The opportunity to be heard in person and to present evidence/witnesses
The right to confront/cross-examine adverse witnesses
A “neutral and detached” hearing body
57
When a parolee is determined to have violated a condition of parole, the parole agency has options
Return the parolee to prison
Note the violation, increase supervision, and continue parole
Note the violation and take no action
58
The parole officer provides
surveillance and assistance
59
Parole Officers
employed by state
Usually armed peace officers with arrest powers
Bachelor door usually required, some require experience and graduate work
60
case load for parole officer
80 parolees per officer
61
80% of a P.O. time
spent in non-supervisory work
62
The new releasee faces four harsh realities
The strangeness of reentry
Continued correctional supervision
Unmet personal needs
Barriers to success
63
Civil Disabilities
are restricted to parolees/felons
Right to vote
Right to hold public office
64
expungement
Legal process that results in conviction removal
65
pardon
Excuses offense and absolves offender from the consequences of the crime
66
A pardon serves three main purposes
To remedy a miscarriage of justice
To remove the stigma of the conviction
To mitigate a penalty
67
4 factors necessary for cuccessful reentry
Get substance abuse under control
Get a job
Develop a support group of family and friends
Get a sense of “who I am”
68
Reentry courts
new method to deal with parolees
69
Four foundations support the legal rights of individuals under correctional supervision
Constitution
Statutes
Case Law
regulations
70
RUFFIN v. COMMONWEALTH
the prisoner has as a consequence of his crime, not only forfeited his liberty, but all his personal rights except which the law in its humanity accords him. He is for the time being the slave of the state.”
71
the constitution describes
the institutions of the government
the powers of the government
the rights of individuals
72
statutes
are laws passed by legislatures at all levels of government
73
U.S. Congress is responsible for
statutes dealing with problems concerning the entire country
74
case law
are legal rules produced by judge’s decisions
75
precedent
prior rulings, establish legal principles used in making decisions on similar cases
76
Ford v. Wainwright (1986)
the U.S. Supreme Court had to decide whether executing an inmate who became mentally ill while incarcerated was a violation. PROHIBITS THE STATE FROM EXECUTING AN INMATE WHO IS INSANE
77
A department of corrections make create regulations regarding
the personal items inmates may have in their cells
when inmates can get visits
how searches are conducted
the way the disciplinary process is to be followed
78
hands-off period
1960's.which courts would not respond to inmate claims
| The courts saw correctional officials as the best arbiters of inmate queries and complaints
79
Cooper v. Pate (1964)
The court said because of the Civil Rights Act of 1871 that inmates were persons who has protected Constitutional rights
The act allows suits against state officials to be heard in federal courts
INMATES COULD SUE PRISONS
80
In the B.O.P., there is a one year filing period from time of conviction
Anti-Terrorism Act (1996)
| Prison Litigation Reform Act
81
PLRA:
makes filing more difficult especially if previous cases were dismissed as frivolous
82
Johnson v. Avery (1969)
disciplined prohibiting one inmate from assisting another with legal mattes, Supreme court ruled that inmates can receive legal assistance from others if there are no other alternatives, The Court also said that the prison could impose reasonable regulations on jailhouse lawyers in keeping with need for order and security
83
Bounds v. Smith (1977)
must provide adequate law libraries or adequate legal assistance from persons trained in the law
84
1967 Florida
inmate thrown in a barren cage after rioting 35 days
85
1971 Arkansas
State prison found to be in violation of Eighth Amendment for allowing inmate “trusties” to monitor other inmates in barrack type quarters
86
The First, Fourth, Eighth, and Fourteenth
are all key amendments regarding inmate rights provided under each of them
87
rational basis test
Rational connection between regulation and justified interest
Alternative means of exercising right that remain open to inmates
Minimal impact to C.O.s and other inmates
Must be no less-restrictive alternative available
88
speach 1st ammendment
censorship of mail was permissible only when officials could demonstrate a compelling government interest in maintaining security
89
Religion 1st ammendment
Questions have risen regarding the practice of such may interfere with prison routine and order
90
4th ammendment
unreasonable searches and seizures
91
Hudson v. Palmer (1984)
officials may search cells without a warrant and seize materials found there
92
Bell v. Wolfish:
strip searches including searches of body cavity after contact visits nay be carried out when the need for such searches outweighs the personal rights invaded
93
Ruiz v. Estelle (1980)
in Texas where Judicial supervision continued for a decade regarding the unconstitutional conditions
Inmates no longer considered as “nonpersons” and had rights
94
Rhodes V. Chapman (1981)
Minimum cell sizes to be 60 square feet of floor space; double bunking okay
95
One word and two clauses of the Fourteenth Amendment are relevant to prisoner’s rights
"state" "procedural due process" & "equal protection"
96
Wolff v. McDonnell (1974
ruled that the basic elements of due process must be present when decisions are made concerning the disciplining of an inmate
97
equal protection
1996 more difficult for inmates to file civil rights lawsuits
98
Most inmates face three problems
Lack legal representation
Constitutional standards are difficult to meet
Changes in policies or financial compensation may take a long time in a suit is successful
99
Four alternative to litigation appear in various states:
Inmate grievance procedures
Ombudsman service
Mediation
Legal assistance
100
All states and the B.O.P. have a grievance procedure in place
There are typically three steps used in this process
Staff member receive complaints
Investigates complaint
Makes a decision on the complaint
101
ombudsman
a pubic official who investigates complaints against government officials and recommends corrective measures
102
Roper v. Simmons
In 2005, it was determined that inmates who were under the ago of 18 at the time of their crimes could not be executed
103
Furman v. Georgia (1972)
ruled that the way the death penalty was used constituted cruel and unusual punishment
104
Gregg v. Georgia (1976)
must have bifurcated hearing to determine guilt and the proper sentence
One proceeding determines guilt
Other to determine whether person is sentenced to death or not
105
McCleskey v. Kemp 1987
Georgia failed to show that racial discrimination occurred during his capital case
106
Atkins v. Virginia (2002)
a ruling executing the mentally retarded was considered to be unconstitutional
107
Ring v. Arizona (2002)
ruled that juries not judges are responsible for deciding whether a convicted murdered should receive the death penalty
108
Ford v. Wainwright (1985)
prohibits the execution of an inmate who is insane at the time of the scheduled execution
109
Strickland v. Washington (1984)
the Court ruled that defendants in capital cases have the right to representation that meets an objective standard of reasonableness
110
voir dire
Part of jury selection
111
Witherspoon v. Illinois (1968)
the Court held that these potential types of jury members are not automatically excluded
112
Uttecht v. Brown in 2007
Court upheld a trial court judge when a person was excused from the jury just because he/she “expressed doubts” about the death penalty; not uniform opposition to it
113
Kennedy v. Louisiana (2008)
ruled that there was a violation of the Eighth and Fourteenth Amendments
114
McCleskey v. Zant (1991)
curtailed the ability of inmates to file multiple challenges regarding the constitutionality of their sentence
115
Death Row Statistics
65.4% had a prior felony conviction
8.4% had a prior homicide conviction
26% were on probation/parole
3.6% were in prison at the time of the capital offense
116
four factors have significantly affected life inside adult prisons
Increased number of elderly inmates
Sizeable number of inmates with HIV/AIDS
Thousands of mentally ill inmates
Growing number of long-term inmates
117
Geriatric inmates
special needs regarding housing, medical care, programs, and release
118
elderly
varies by state considering over 55 and over 50 years old in that category
119
POPS
Project for Older Prisoners. aims at removing low risk geriatric inmates from overcrowded prisons
120
of inmates infected with HIV or AIDS at the end of 2008
21,987
121
of aids deaths in 2007
130
122
prison death causes
natural causes #1
| Aids #2
123
who has the highest rate of HIV infection
women (1.9 % compared to men at 1.5%)
124
% of mental health problems
56%
125
who experience mental health problems the most
white females under the age of 25
126
Long term prisoners
Nearly 310,000 inmates are currently serving at least a 20-year sentence
127
cost of a life sentence
1 million per inmate
128
Three main principles for managing long-term inmates are
Maximize opportunities for the inmates to exercise choice in living conditions
Create opportunities for meaningful living
Help the inmates maintain contact with the outside world
129
youth crime rates
1,100 youths under the age of 18 are arrested for homicide
4,200 for forcible rape
60,500 for aggravated assault
130
Massachusetts Stubborn Child Law in 1646
With this law, the Puritans of the Massachusetts Bay Colony conveyed their view that:
The child was evil
The family needed to discipline youths
Those who did not obey their parents were dealt with by law
131
House of Refuge of New York; 1825
Residents were to be trained in job skills, religious instruction, and held accountable with discipline
132
Cook County (Chicago) Illinois, in 1899
first juvinile court
133
Parens patriae
parent of the country. a doctrine that sees the state as parent, the juvenile court assumed he role as the guardian
134
Informality
intended to move juvenile corrections away from the formality and due process requirements of the adult courtroom
135
Individualization
was based on the idea that each child ought to be treated as a unique person with unique circumstances
136
Intervention
was the method of the juvenile court to identify and solve the problems that led them astray
137
delinquent
child is one who has committed an act that if committed by an adult would be criminal
138
neglected
child is one who is not receiving proper care because of some action or inaction by their parents
139
dependent
child either has no parent or guardian or because of the physical or mental disability of a parent or guardian and not receiving proper care
140
ACLU
american civil liberties union
141
why are juveniles treated differently
Juveniles are young and may easily change
Juveniles have a high rate of “desistence”
Juveniles’ families are an important part of their lives
Juveniles are easily influenced by their peers
Juveniles have little responsibility for others
142
normal delinquency
a set of assumptions about kinds of misbehaviors associated with growing up
143
black juveniles
treated more harshly
144
of juveniles reffered to juvenile court each year
1.6 million
145
% of juvenile cases sent to adult court
1%
146
waiver
Transfer to adult court when court believes the circumstances of the case and the seriousness
147
diversion
Diversion seeks to avoid the burdensome consequences of formal processing
148
Diversion can take two major forms
Stop processing the case; drop the case
| Diverted to a special program
149
how long is a juvenile usualy detained for
2 weeks
150
how offten is a juvenile just placed on probation
62% of the time
151
% of juvenile offenders reciving an intermediate sanction
15%
152
Of all juveniles considered to be delinquent how many are placed in public and private facilities
23%
153
Aftercare
the services provided to juveniles after they have been placed; put under some type of custodial care. like parole
154
Street gangs
provide social connections and engage in a variety of criminal conduct
155
how many gang members are incarserated
846,00 members of 31,000 different gangs are operating in about 4,824 local jursdictions
156
are most gangs violent
no
157
In custodial facilities, gangs create a challenge in terms of:
controlling the population
| managing the potential for intergang conflict
158
Operation Ceasefire in Boston
It was a collaborative effort by police, prosecutors, probation officers, and street gang workers involving the targeting of gun use by gang members
159
where is there a juvenile prison in ct
Middletown CJTS
160
A dilemma
a situation that forces one to choose between unsatisfactory alternatives
161
Remedy
provide the services that are requested, take actions to protect citizens when public safety becomes an issue, cooperate with agencies when asked to do so
162
lack of confidence
results when apparently promising strategies, upon evaluation, turn out to lack merit
163
lack of confidence This list of failures include
```
Reduced caseloads
Offender counseling
Family counseling
Group treatment
Restitution
Offender classification
```
164
internal structure
Jails, prisons, probation, and parole all struggle with one another
165
external structure
The culmination of the criminal justice process
166
The two essential goals in regards to staff are
Attracting the right kinds of people to work in corrections
| Motivating them to remain once they are employed
167
why are there recruitment problems
low starting salaries
equal pay raises regardles of preformance
staff feels unapreciative and demoralized
168
cost of 1 prison cell
$100,000
169
cost to process an offender
$25,000
170
many facilities need repair/rebuilt but that will not alleviate
Overcrowding
| Incapacitation strategy for crime control
171
privatizatio
corrections surfaces as viable approach, but the research is still not confirmed
Privatization is a potential threat to administrators’ ability to manage the system
172
are four forces that are at work today that will create the corrections of the future
Evidence-based practice
Techno-Corrections
Falling crime rates
Professionalization
173
random field trial
The scientific method for determining “what works” is to conduct an evaluation, and the best kind of evaluation
174
Electronic Monitoring
Initially was thought of as a space age gimmick
You can know where a person is, but not what they are doing
Seem to not reduce rates of supervision failure
175
Techno-corrections
```
Drug testing
Eye-recognition systems
Spatial monitoring systems
Computer-aided decision making
Prison cameras in prime locations
```
176
NIC
national institute of corrections
177
ACA
american corrections association
178
Three challenges for re-creating corrections with an eye to the future include:
Reinvigorate a New Correctional Leadership
Refocus out investments in what works
Reclaim the Moral and Ethical High Road
179
Reinvigorate a New Correctional Leadership
corrections will not get anywhere without effective leadership
Great leaders are not easy to come by
180
Three tangible results for what leaders must be responsible for:
Acting in ways that correctional clients see that is legitimate; fair and reasonable
Maintaining safe, drug-free environments in prisons and jails where staff and those confined can stay clean
Making management transparent so the general public knows how corrections is being run and has confidence in it
181
Refocus Our Investments in What Works
Studies of program effectiveness have grown dramatically
| The studying of studies looks for patterns and consistencies in findings
182
Systematic reviews
: these studies help to show what kinds of programs are powerful and what kinds are not promising
183
When focusing on children and what works, the following is necessary:
```
Early prevention measures
Risk-focused evidence based programs
A national council on early prevention
Local-level prevention
Communities that care
```
184
Reclaim the Moral and Ethical High Road
Comparing the 1970s to today, people who are convicted of crimes are:
Twice as likely to go to prison
Those who go to prison serve sentences more than twice as long
185
What is most disturbing is the way it has become more harsh than other systems of free societies
Chain gangs wearing stripes and cleaning roads
Men in jail made to wear pink underwear
Signs in yards saying the person has been convicted
Children serving time in adult prisons
Refusals of college loans because of drug convictions
186
other areas of concern in the U.S. correctional system
Healthcare costs for mentally ill
The social costs of the growth of the penal system by minority communities that already struggle with poverty and other disadvantaged
