© 2003 Prentice Hall, Inc. 1 Chapter 13 Prison Life.

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© 2003 Prentice Hall, Inc. 1 Chapter 13 Prison Life

Transcript of © 2003 Prentice Hall, Inc. 1 Chapter 13 Prison Life.

Page 1: © 2003 Prentice Hall, Inc. 1 Chapter 13 Prison Life.

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Chapter 13 Prison LifeChapter 13

Prison Life

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Total InstitutionsErving Goffman coined the term (1961). The place where people work, play, eat, sleep, and recreate together on a daily basis.

Examples of total institutions:• prisons• concentration camps• summer camps• mental hospitals• seminaries

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formal/official - consists of rules and procedures established by the local, state, or federal authorities

informal/unofficial - also called prison subculture

Two social structures exist in prison:Two social structures exist in prison:

Prison Subcultures

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• values and behavioral patterns specifically characteristic

of prison inmates• develops independently of plans of prison

administrators• often more powerful than formal/official

structure• includes values, roles, and even a special

language

Prison SubculturesInformal StructureInformal Structure

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Five elements of the prison code:• don’t interfere with interests of other inmates

– don’t rat on others• play it cool and do your own time • don’t whine – be a man • don’t exploit inmates – don’t break your word • don’t be a sucker – don’t trust guards or staff

Sykes and Messinger: “The Inmate Social System” (1960)

Prison Subcultures

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ace duce - best friendbanger - a knife

billy - white manboneyard - conjugal visit

chester - child molester

dog - homeboy or friendink - tattoos

man walking - signal guard comingtree jumper - rapist

Prison SubculturesArgotArgot

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• cherry – A female inmate who has not been initiated into lesbian activities.

• femme (or mommy) – A female inmate who plays the female role during lesbian relationships.

• fay broad – The term describing a white female inmate.

• stud broad (or daddy) – A female inmate who assumes role of male during lesbian relationships.

Prison SubculturesWomen’s prison slang is often related to the identities/behaviors of the women who form, and participate in, “family” relationships while in prison.

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Two models of prison society:

• deprivation model – Prison subculture is an adaptation

to the situation.• importation model – An inmate

brings with him to prison specific values, roles, and behaviors from the outside world.

Prison Subcultures

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Homosexuality in Prison

Sexual assaults in prison are likely to leave psychological scars long after the physical event is over.

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Homosexuality in Prison• wolf - aggressive men who assume

the masculine role in homosexual relations

• punks - forced into submitting to the female role, often by wolves

• fags - natural proclivity toward homosexual activity and

effeminate mannerism

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•mean dude• hedonist• opportunist• retreatist• legalist• radical

Prison Subcultures• colonist• religious• realist

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Mean Dude • quick to fight• leave these individuals alone• receives frequent write-ups for violations• spends much time in solitary confinement

Prison subculture supports role of mean dude in two ways:• by expecting prisoners to be tough• by type of wisdom that says “only the strong

survive”

Prison Subcultures

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hedonist - builds life around limited pleasures in prison (smuggling, gambling, drug running, homosexuality, etc.)

opportunist - takes advantage of positive experiences prison has to offer, such as schooling, trade programs, counseling, etc.

Prison Subcultures

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retreatist - attempt some form of psychological retreat from realities of prison, often becoming heavily involved in drug and alcohol use leading to depression and mental illness

legalist - a “jail house” lawyer – fights confinement through the law

Prison Subcultures

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radical - individuals who view themselves as political prisoners society = the oppressor

realist - sees incarceration as natural consequence of criminal activity - just an unfortunate part of “doing criminal business” - follows inmate code and does not get in trouble

Prison Subcultures

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colonist - views prison as their “home” • have many friends inside• often hold positions of power and/or

respect • does not look forward to leaving prison • have been known to commit new crimes

so they return to prison

religious - have strong religious ties and may be “born again”

Prison Subcultures

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• Staff is mostly concerned with custody and control.

• Officers undergo socialization process that helps them function by official and unofficial rules of prison.

Prison LifeThe Staff WorldThe Staff World

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Types of correctional officers:• dictator• friend • merchant• turnkey• climber• reformer

Prison LifeThe Staff WorldThe Staff World

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• A dictator uses prison rules to enforce their own brand of discipline.

• Some use false bravado to hide their fear of prisoners.

• They may have sadistic personalities.• This type of correctional officer is the

one most likely to be targeted for vengeance.

DictatorDictator

Prison Staff

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• This type tries to fraternize with the prisoners by trying to be “one of the guys.”

• Usually, these are the young and inexperienced officers.

FriendFriend

Prison Staff

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• participates in the prison economy• supplies drugs,

pornography, alcohol, and sometimes even weapons to prisoners

MerchantMerchant

Prison Staff

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• cares little about what goes on in the prison

• may be close to retirement or may have become alienated from job

“turnkey” - comes from prison language - Someone who is just there to open and shut doors and cares nothing more than just getting through the day.

Prison StaffTurnkeyTurnkey

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• typically a young officer who is interested in advancement

• more interested in their own careers than the problems of prisoners

• pursues additional schooling and training programs

Prison StaffClimberClimber

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• A reformer tends to lend a sympathetic ear to the personal needs of prisoners.

• They are motivated by personal ideals.

• Some of these officers are very religious.

• Prisoners perceive these officers to be naïve, but harmless.

Prison StaffReformerReformer

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1971 - Attica Prison, NY 1987 - Atlanta Federal

Penitentiary, Atlanta, GA1989 - State Correctional

Institution, Camp Hill, PA1993 - Southern Correctional

Facility, Lucasville, OH

Prison Riots

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A.insensitive prison administration and neglected inmate demands

B.carry-over of violent lifestyle of prisoners

C.dehumanizing prison conditions1. overcrowding2. lack of individual expression

Prison RiotsCausesCauses

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Power vacuums created:1. changes in administration of

prison creates power vacuum

2. transfer of influential prisoners to other prisons

3. court ordered injunctions that change daily routine

Prison RiotsCausesCauses

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Five Phases of a Prison Riot:

1)explosion (tends to involve binges – alcohol and drugs) –

buildings burned, hostages taken, old grudges settled

2)organization (into inmate led groups)

Stages of Prison Riots

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3) confrontation (with authorities)

4) termination (through negotiation or physical confrontation)

5) reaction and explanation (usually by investigative

commission)

Stages of Prison Riots

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• Increase in women in prison is due primarily to drug offenses.

• Approximately 6.6% of all prisoners nationwide are women.

• California has the largest number of women in prison, exceeding the federal

government.

Prison LifeWomen in PrisonWomen in Prison

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Prison Inmates by Gender and Ethnicity in State and Federal Prisons, 2000

Source: Allen J. Beck and Paige M. Harrison, Prisoners in 2000 (Washington, D.C.: Bureau of Justice Statistics, 2001).

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Profile of Women’s Prisons: American Correctional Association Report - 1990Profile of Women’s Prisons: American Correctional Association Report - 1990

• Most women’s prisons are located in small towns of 25,000 or

less.• Most women’s prisons have few

major disturbances or escapes.• The number of women being sent

to prison is on the increase.

Prison Life

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• Most women prisoners have less than a high school education.

• Most of the women’s prisons do not have programs

specifically designed for women.• Substance use among women

inmates is very high.

Prison Life

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“National Survey of Programs for Incarcerated Women” Mary Clements (1991)

• Their average age is 29-30.• 57 % are African American or Hispanic.• Most come from single parent homes or

broken homes.• 50% have other family members in prison.• 50% are high school dropouts.

Prison Life

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• 34% left school because they were pregnant.

• 55% have been arrested on the average of 2-9 times.

• 65% have run away between 1-3 times.

• 39% report drug use makes them feel

better emotionally.

Prison Life

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• 28% have attempted suicide at least once.

• 62% are single parents with 1-3 children.

• 25% have either recently given birth

or are pregnant.

Prison Life

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Making it in Prison, Esther Heffernan (1972)

Square1. has few early experiences with criminal

life2. tends to sympathize with values and

attitudes of conventional society3. represents a small number of prisoners

Prison Life

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Prison Life

Cool1. more likely to be career offenders2. tend to keep to themselves3. generally supportive of prison values

Lifer1. familiar with life of crime2. have repeat arrests for prostitution, drug

use, and theft3. full participants in economic, social, and

family arrangements of prison

WomenWomen

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Prisoner Rights: Legal Basis of Prisoners’ Rights

Pell v. Procunier (1974) U.S. Supreme Court established “balancing test”

balancing test - attempts to weigh rights of individual against the authority of the states to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens

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Cruz v. Beto (1972) • This case established that prisoners must be given a “reasonable

opportunity” to pursue their faith, even if it differs from traditional forms of worship.

• Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes.

Prisoner RightsReligious FreedomReligious Freedom

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Smith v. Coughlin (1984) Court held that prisoners in segregation do not have to be permitted the opportunity to attend religious services.

Prisoner Rights

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Dettmer v. Landon (1985)Federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts necessary for his worship.

Prisoner Rights

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Hill v. Blackwell (1985) Prison regulations prohibiting the wearing of beards, even those grown for religious purposes, were held acceptable for security considerations.

Prisoner Rights

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Prisoner RightsPrisoners also have the right to:1.attend services of other religious

groups2.receive visits from ministers3.correspond with religious leaders4.observe religious dietary laws5.wear religious insignia

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Freedom of Speech – contact with the mediaFreedom of Speech – contact with the media

Pell v. Procunier (1974) Supreme Court held that media interviews could be conducted through regular visitation arrangements or through correspondence, but denied prisoners opportunity to hold special meetings with members of the press.

Prisoner Rights

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Houchins v. KQED, Inc. (1978) News personnel cannot be denied correspondence with prisoners, but they have no constitutional right to interview prisoners or to inspect correctional facilities beyond the visitation opportunities available to others.

Prisoner Rights

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Prisoner RightsMallery v. Lewis (1983) Magazines which depict deviant sexual behavior can be banned, however, prisons cannot ban nude pictures of inmates’ wives and girlfriends.

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Freedom of Speech – right to communicate with non-prisonersFreedom of Speech – right to communicate with non-prisoners

Procunier v. Martinez (1974)

Prisoner’s mail may be censored if it is necessary to do so for security purposes.

Prisoner Rights

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McNamara v. Moody (1979) Court upheld right of prisoner to write vulgar letters to his girlfriend, in which he made disparaging remarks about prison staff.

Prisoner RightsFreedom of Speech – right to communicate with non-prisonersFreedom of Speech – right to communicate with non-prisoners

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Legal Assistance – right to access the courtsLegal Assistance – right to access the courts

Bounds v. Smith (1977) Right of prisoners to petition the court was recognized. It is the duty of the state to assist prisonersin preparation and filing of legal papers.

Prisoner Rights

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Lewis v. Casey (1996) • Court overturned part of Bounds v. Smith

(1977).• Prisoners are not guaranteed the

“wherewithal to file any and every type of legal claim.”

• States are required to provide tools to prisoners so they can attack their sentences and conditions of confinement.

Prisoner RightsLegal Assistance – right to access the courtsLegal Assistance – right to access the courts

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Legal Assistance Legal Assistance

Prisoners also have the right to:• visits from attorneys• mail communications with attorneys• communicate with legal assistance organizations• consult with “jail-house lawyers”

Prisoner Rights

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Medical Treatment – sanitary and healthy conditionsMedical Treatment – sanitary and healthy conditions

Ruiz v. Estelle (1982) • Court found Dept. of Corrections

lacking in its medical treatment programs.

• Court monitored Dept. of Corrections while it improved:

a) record keepingb) physical facilitiesc) general medical care

Prisoner Rights

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Newman v. Alabama (1972) • prison medical services

inadequate• not enough medical personnel• poor physical facilities• poor medical records• lack of medical supplies• medically untrained personnel

who determined need for treatment

Prisoner RightsMedical Treatment – sanitary and healthy conditionsMedical Treatment – sanitary and healthy conditions

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Medical Treatment – right to medical attention for serious problemsMedical Treatment – right to medical attention for serious problems

Estelle v. Gamble (1976)• Court concerned itself with “deliberate

indifference” on part of staff toward prisoner’s need for serious medical attention.

• Court specified prison officials’ duty to provide for inmates’ medical care.

Prisoner Rights

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Right to ProtectionRight to Protection

Prisoners have the right to:A.food, water, and shelterB.protection from foreseeable

attackC.protection from predictable

sexual attackD.protection against suicide

Prisoner Rights

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Right to PrivacyRight to Privacy

Most of the major Supreme Court cases have held that prisoners cannot have a reasonable expectation to privacy when incarcerated.

Examples:

• Katz v. U.S. (1967)• U.S. v. Ready (1978)• Hudson v. Palmer (1984)• Block v. Rutherford (1984)

Prisoner Rights

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Hudson v. Palmer (1984)Hudson v. Palmer (1984)

• Palmer was a prisoner, Hudson was a correctional officer.

• Palmer claimed Hudson had destroyed some of his property following a cell search.

• Palmer’s complaint centered on lack of due process which accompanied the destruction.

• Court ruled that prison officials need to be able to conduct thorough, unannounced searches, and that these searches preclude prisoner privacy in personal possessions.

Prisoner Rights

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• partial return to “hands off doctrine”

• established grievance procedure

• Prison Litigation Reform Act (1996)

Prisoner Rights

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Prisons Today

IssuesIssues

• Aids

• geriatric offenders

• mentally ill inmates