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Transcript of ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Corrections: An...
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Unit 2Unit 2
Legal Issues for Law Enforcement and the Courts
Chapter 2Chapter 2
Sentencing and the Correctional Process
Corrections: An Introduction, 2/eSeiter
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
IntroductionIntroduction Sentencing–imposition of a criminal
sanction by a judicial authority Felony–offense punishable by a year or
more of incarceration Misdemeanor–crime punishable by less
than a year
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Pre-Trial Pre-Trial Correctional ActivitiesCorrectional Activities
Diversion from the criminal justice system Pre-trial diversion–suspension of
criminal process while offender is provided a chance to participate in treatment programs
Occurs without a finding of guilty Usually used for minor offenders or those
with no prior record
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Diversion from the Diversion from the Criminal Justice SystemCriminal Justice System
Also called "deferred prosecution" Offenders must follow release conditions Advantages of diversion programs
Reduce demands on courts Less costly than criminal justice processing Offenders avoid stigma of criminal
conviction
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Pretrial DiversionPretrial Diversion
The suspension of criminal process while the offender is provided the chance to participate in treatment programs and void further criminal activity
Also referred to as deferred prosecution or probation without adjudication
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Three advantages: They reduce the demands on the court and
prosecutors to process the case as a criminal activity
They cost considerably less than criminal justice processing
Offenders avoid the stigma associated with a criminal conviction
Pre-trial DiversionPre-trial Diversion
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Offenders are detained if considered a flight risk in order to assure appearance in court
Detained if considered dangerous Preventive detention–detaining the
accused in jail to protect the community from crimes offender is likely to commit if released
Pre-trial Detention in JailPre-trial Detention in Jail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
1984 Comprehensive Crime Control Act officially authorized preventative detention
Criticized for violating due process rights Strong correlation between being denied
bail and conviction
Preventive DetentionPreventive Detention
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
At first appearance bail is considered. bail–the pledge of money or property in
exchange for promise to return to further court proceedings.
History of bail traced to medieval England when jails could not hold offenders for long periods of time.
Release from Pre-trial Release from Pre-trial Detention on BailDetention on Bail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Third parties would offer themselves or money as surety (a person legally liable for conduct of another)
Criticisms of bail Discriminates against the poor “Freedom has to be bought” Financial resources not related to risk
Release fromRelease fromPre-trial Detention on BailPre-trial Detention on Bail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Summons–used mainly with misdemeanors Bond options for felonies
Personal recognizance Unsecured bond Percentage bond Surety bond Collateral Third-party custody
Alternatives to BailAlternatives to Bail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Release on recognizance (ROR)–most frequent release mechanism
Manhattan Bail Project–assist judges in identifying people who were good candidates for ROR
Supervised pre-trial release programs (SPTR) Gave chance for release for those that were poor
candidates for other release mechanisms Response to concern for the public
Pretrial Service ProgramsPretrial Service Programs
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
The Role of Plea Bargaining The Role of Plea Bargaining and Sentencingand Sentencing
Plea bargaining–agreement of the defendant to enter a plea of guilty in exchange for a reduced sentence Function of the prosecution and court
system, but has implications for corrections and sentencing process
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Pre-Sentencing Pre-Sentencing Correctional ActivitiesCorrectional Activities
Pre-sentence investigation–report detailing background of offender used in decisionmaking process of sentencing Prepared by probation officer Usually completed only on felony
offenders
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Purposes of the PSIPurposes of the PSI
Used in sentencing court Determining supervision needs of offender Used by prison officials in classification
and program needs Used by parole board in making release
decisions Research purposes
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Pre-sentence InvestigationPre-sentence Investigation
Collecting Information for the PSI Interview the offender Information verified by probation officer Interview others such as parents and
spouses Search official records (police reports,
military records, witness statements)
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Contents of PSIContents of PSI Personal data Court information Release status Offense information Victim impact
Criminal history Offender
characteristics Financial information Sentencing options Recommendations
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
The Sentencing DecisionThe Sentencing Decision
Penal code–a statute passed by legislature listing range of sanctions allowable for each crime
Sentencing options
Economic sanctions
Intermediate sanctions
Probation Short-term confinement
Imprisonment Capital punishment
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Concurrent sentences–assigned to run at the same time
Consecutive sentences–run one after another
Sentencing OptionsSentencing Options
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Indeterminate sentencing–judges set a minimum and maximum time, with release authority or parole board deciding when offender is released
Sentencing ModelsSentencing Models
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Determinate sentencing–sentences of fixed terms Good time–concept used in early reform
of determinate sentences; time off for good behavior
Truth in sentencing–must complete 85% of the sentence before eligible for release
Sentencing ModelsSentencing Models
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Judicial form of sentencing–judges granted considerable discretion in sentencing decisions
Administrative form of sentencing–grants considerable discretion to officials of the executive branch of government
Legislative form of sentencing–grants most of discretion to legislative branch of government
Judicial Discretion in SentencingJudicial Discretion in Sentencing
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Mandatory minimum sentences–for certain crimes there must be a sentence to prison for a set minimum term
Three-strikes laws–third-time felons are sentenced to long periods of incarceration
Presumptive sentencing–predetermined range of a minimum, average, and maximum term for a specific crime
Judicial Discretion in SentencingJudicial Discretion in Sentencing
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Sentencing GuidelinesSentencing Guidelines
Sentencing guidelines–A system of structured sentences, based on measures of offense severity and criminal history, that is used to determine the length of the term of imprisonment
Combine both minimum mandatory and presumptive sentencing approaches
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Drug Courts:Drug Courts:A Creative Sentencing OptionA Creative Sentencing Option
Philosophy is not to punish but to change behavior
Offenders usually diverted from traditional criminal processing
Preliminary evaluations show some success in reducing drug use
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Chapter 3Chapter 3
Jails
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
IntroductionIntroduction
Jails only hold about 1/10 of all offenders under correctional supervision, but admit four times as many each year
Jails are the oldest correctional component
Diverse and difficult mission and role
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
The History of JailsThe History of Jails
First jails created in England
The first gaol (jail) built in 1166
Originally used only for those awaiting trial
Early jails had deplorable conditions
John Howard–jail reformer; sheriff of Bedfordshire in 1773
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Penitentiary Act of 1779
Secure and sanitary structures
Systematic inspections
No fees charged to inmates
Inmates confined in solitary cells but worked in common rooms during the day
The History of JailsThe History of Jails
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Current Jail OperationsCurrent Jail Operations
Role and function of jails
Holds: Offenders awaiting trial Probation/parole violators Mentally ill persons Juveniles to be transferred Inmates sentenced to short-term incarceration
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
County government almost always operates jails
Responsibility of the sheriff in rural counties
Regional jails are several small counties joined together to fund jail
The Organization of JailsThe Organization of Jails
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
In 2004, 713,990 inmates held in local jails Incarceration rate–more than doubled
between 1983 and 1999 Different by race and ethnicity
Jail inmates have numerous problems
Jail PopulationsJail Populations
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
“Tough on crime” stance
Increase in number of arrests
Extensive overcrowding in state and federal prisons
Increasing use of split sentences
The Increasing Use of JailsThe Increasing Use of Jails
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Between 9 and 11 million admissions per year
Average length of stay from 15 to 20 days The average stay is from 75 to 90 days for
those who do not make bond Sentenced offenders can serve up to 1 year
Admissions and Length of StayAdmissions and Length of Stay
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Major function is admissions and releases, and booking
Classification process Assigned to more permanent housing unit Meals Visitation Limited programs for inmates
The Jail Process The Jail Process and Daily Operationsand Daily Operations
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
The Jail Process The Jail Process and Daily Operationsand Daily Operations
Inmates have little to do Visits with family or friends are usually
non-contact Inmates can have contact visits with their
attorneys Work opportunities: cleaning, assisting in
food preparation or service
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Objective classification systems–identify offenders’ criminal history and personal traits to assess risk and needs for housing assignment
Problems Little information is available Short stay complicates the process Neglect
Jail ClassificationJail Classification
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Classification is important because it provides a guide to: Separate violent inmates from potential
inmate victims Identify and manage inmates with
special needs differently Identify inmates with high risks to
escape
Jail ClassificationJail Classification
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Correctional officers comprise the largest number of staff
Clerical and maintenance Administrative Professional and technical
Jail StaffingJail Staffing
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Design and Supervision in JailsDesign and Supervision in Jails
Contemporary jails are different from the earliest jails in the U.S.
Urban leaders do not want a jail to "look like a jail" and ruin the local aesthetics
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
First-generation jails–linear design used for housing inmates Limited communication and room for
programs Podular designs–introduced in the 1970s;
common areas in the center of a unit Reduce idleness and tension
Creating a Secure Setting Creating a Secure Setting Inside the JailInside the Jail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Second-generation jails–jails that use podular housing designs and remote supervision; officers are located in a secure control room overlooking the cells and dayroom, with electronic controls to open and close individual cell doors
Limited contact with inmates
Creating a Secure Setting Creating a Secure Setting Inside the JailInside the Jail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Third-generation jails–jail designs without remote control centers, in which correctional officers are located in the housing unit in direct contact with inmates
Creating a Secure Setting Creating a Secure Setting Inside the JailInside the Jail
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Creating a Secure Setting Creating a Secure Setting Inside the JailInside the Jail
Direct-supervision approach–a style of inmate supervision with staff located in direct contact with inmates, requiring staff to continuously supervise and communicate with inmates
Safer for staff and inmates
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Issues in JailsIssues in Jails
Jails face many significant challenges
Jails have become increasingly overcrowded
Detained offenders may suffer from mental illness or drug or alcohol addictions or be suicidal
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Construction increased to meet demand
“Contract out”–private facility contracts with the government to house inmates
Corrections Corporation of America was the first private correctional facility
Responding to Jail OvercrowdingResponding to Jail Overcrowding
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Inmates sue over lack of privacy, privileges, food, brutality, access to their attorneys, or general conditions of overcrowding
Bell v. Wolfish (1979)–court established the “punitive intent standard”
Legal Issues for JailsLegal Issues for Jails
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Closures of state mental hospitals led to increased number of mentally ill in jails
Through initial screening, mentally ill are identified in the jails
Most jails provide psychotropic medications
Dealing with Mentally Ill OffendersDealing with Mentally Ill Offenders
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Prevention programs include risk assessment at admission, special staff training, counseling for inmates, and monitoring
Suicide is primary cause of death for jail inmates
Preventing SuicidesPreventing Suicides
©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458
Corrections: An Introduction, 2/eSeiter
Preventing SuicidesPreventing Suicides
Suicide watch–management of suicidal inmates who are placed in a specially designed cell and have constant supervision
Some suicide watch cells have constant supervision by either a camera or staff