III. Corrections in the U.S.• Given a supply of convicted offenders, the

next question is: “What to do with them?”

• This means the Corrections component of the CJ System, considering:– What “corrections” in the U.S. involves– How it is set up– How it seems to work– How it got this way– What seem to be the current trend

What is the Range of Possible Criminal Punishments?

DeathImprisonment(Incarceration)

IntermediateSanctions

Probation SuspendedSentence

Other possibilities?-- Banishment-- Corporal punishment

Fines

Corrections in the U.S.• When we say a criminal offense is “corrected,”

what do we mean?– People often mean different things by that term

which leads a lot of confusion

• What is supposed to be “corrected”?– The wrongful/harmful action?– The offender who did the action?– The victim of the harmful action?

• “Corrected” in what way?– In what sense can a harm or wrong be corrected?

The Goals of Corrections – different meanings of “correction”

a) Retribution • (justice/atonement/payment for wrong)

b) Deterrence • (psychological prevention of crime)

c) Incapacitation • (physical prevention of crime)

d) Rehabilitation/reforming • (changing the offender)

e) Restoration/restitution/reintegration a) (repairing the damage)b) (putting things back together)

Dominant focus of corrections in U.S. = incarceration/confinement

• Use of imprisonment for punishment is an old procedure (e.g., dungeons; slave galleys)

• But extensive use of imprisonment for criminals is a more recent practice

• Through Middle Ages, reliance instead on:– Corporal punishment & execution– Fines and forfeiture– Exile/banishment/transportation– Slavery– Public humiliation/shaming– Inspiring fear and dread through brutality

Incarceration/Imprisonment (cont.)• In Middle Ages, prisons mainly used to:

– Hold persons awaiting trial, punishment, or appeal– Motivate persons to pay debts or agree to terms– Incapacitate persons who couldn’t be executed– Incapacitate mentally ill persons– Achieve religious indoctrination– Punish slaves (rather than common criminals)

• Also, use Prison for “problem populations”– Workhouses & Poorhouses in 16th-18th centuries– Contain, exploit, motivate the poor & unemployed

Incarceration/Imprisonment (cont.)• Basic goals of punishment in Middle Ages:

– Retribution and atonement– Deterrence– Incapacitation

• The idea of Reformation/Rehabilitation emerged in the 18th century– Emphasis on reason & rationality– Emphasis on human progress & improvement– Twin influences of science and religion

Major names in the “enlightened” use of Imprisonment to correct:– Cesare Beccaria: elaborated theory of justice

as rational and human use of punishment• Emphasize deterrence rather than retribution• Emphasize loss of freedom over physical brutality

– John Howard: Prison reformer• Emphasize humane conditions of imprisonment• Emphasize that punishment should improve people

– Jeremy Bentham: Utilitarian philosopher/author• Apply Utilitarian principles to punishment of crime &

apply rational logic to the design of prisons

Major eras in use of Imprisonment – Penitentiary Movement (early 19th century)

Religion-based reform (Quakers) Aim at moral reformation of offenders through:

– Determinate sentences– Isolation and silence– Labor and reflection

New York and Pennsylvania Systems (1829-30)– Cherry Hill/Eastern prison (Penn) – Segregate system– Auburn prison (NY) – Congregate system

– Reformatory Movement (late 19th century) Creation of the “science” of penology

Incarceration/Imprisonment (cont.)– Reformatory Movement (late 19th century)

Penology-based reform (science-religion mixture) Aim at “scientific” reformation of offenders

through:–Indeterminate sentences & parole–Classification & security levels–Work, education, and military discipline

Zebulon Brockway and the Elmira Reformatory (NY) as the acme of reformatory philosophy

– Rise of the “Big House” (early 20th century) The prison as a “modern” penal warehouse

The “Big House” Prison

Incarceration/Imprisonment (cont.)

– 20th century prison eras: Industrial prisons (1900-1930s) (new “big house”)

– Reformation through productive mass labor– Prisons as productive/profitable– Also prison farms & chain gangs as related variations

Modern Rehabilitation-oriented prisons (1940-1980)– Indeterminate sentences & parole– Classification & security levels– Labor, rehabilitation, and programming

“Post-modern” Security-oriented prisons (1980-)– Post-Martinson (“Martinson Report”) developments– Technological advances

Incarceration/Imprisonment (cont.)

– “Post-modern” Security-oriented prisons (after 1980) New designs for prisons & jails

–1st generation: linear/intermittent supervision (the old Big House model adapted) Radial design “Telephone Pole” design

–2nd generation: modular/indirect supervision–3rd generation: modular/direct supervision

“Third Generation Prison/Jail Design

Incarceration/Imprisonment (cont.)

– “Post-modern” Security-oriented prisons (after 1980) New designs for prisons & jails New technologies New organization and philosophy (Corporate

models) Professionalization Privatization More conservative, punitive political context

– Much less emphasis on rehabilitation– More emphasis on security, retribution, deterrence

Why the big changes after 1980?1) Dramatic increase in prisoner population

– More determinate, mandatory, and punitive sentencing– The “War on Drugs”– Increased incarceration of women

2) Boom in construction of new prisons– Need for greatly expanded capacity– Need to replace old, outmoded, overcrowded facilities– Increased competition for prison locations

3) Emergence of new technologies– Construction and architecture (faster construction)– Technology and security (better facilities & services)

4) Privatization of corrections

Emphasize importance of cycles in correctional practices:

1) The seductive illusion of “the new”– Strong attraction to what looks new and innovative– Ignorance of history means that old ideas look new

(if they are old enough to be forgotten)– Very few genuinely new ideas

2) Rediscovery & Reinvention of old ideas– We are continually “rediscovering the wheel”

repackaged to look like a new program– CJ/Corrections is ongoing “recycling operation”

• e.g., boot camp programs, privatization, “getting tougher” on juveniles, mandatory sentences, “3-strikes”

How much is prison used to punish criminal offenders in the U.S.?

1) In 2005, over 2.3 million persons were in prison or jail in the U.S. on a given day (slightly under 1.5 million in prison)

2) Is that a lot? Compared to what? Higher or lower than it used to be? More or less than occurs in other countries?

(for some answers, consider the next two slides)

Notable features of prison use in U.S.:1) Incarceration rate is 5 times higher than it used to be

(pre-1980) & higher than other countries

2) Persons are in prison for same amount of time– No change in average sentence since 1920– Some longer sentences but more people incarcerated for

lesser crimes and less early release

3) Imprisonment is used unevenly– Large regional differences (highest in Southern states;

lowest in Northern states)– Large racial disparities relative to population

(40% of prisoners = Black; 34% = white; 20% = Latino)

– Large gender disparities(94% of prisoners = male; 6% of prisoners = female)

Rates of Imprisonment (Males)

471

3145

1244

0

500

1000

1500

2000

2500

3000

3500

White Black Hispanic

per

100,

000

popu

latio

n

Rates of Imprisonment in State & Federal Prisons,By Race/Ethnicity (per 100,000 population)

How to explain the large disparities?

1) Racial and gender discrimination = part of the explanation

2) But also reflects differences in types (& seriousness) of crimes committed and in criminal records

3) Research shows that the best predictors of sentencing (imprisonment) = offense characteristics and prior record of offender– However, race and gender by themselves still

explain part of the differences (which reflect extra-legal influences on punishment)

Forms of incarceration in the U.S. (clarifying the distinctions):

1) Lock-ups

2) Jails

3) Prisons

4) Alternative Institutions– Farms and camps– Halfway houses (community residential facilities)– Medical/mental health facilities

Lock-up vs. Jail:1) Lock-up

– Local (administered by police)– Hold arrestees until transfer to jail

(detention only)– Very short-term (24-48 hrs. maximum)

2) Jail– County-level mostly– Hold both pre-trial & convicted persons

(detention + correction functions)– Also assorted others– Separately assigned jail staff

Jail vs. Prison:1) Jail

– County-level (mostly) by sheriff– Both convicted & unconvicted persons– Convictions for misdemeanor crimes (less

than 1 year confinement) (exceptions?)– Few rehabilitative services & low priority

2) Prison– State or federal level by separate

corrections department or system– Contain only convicted persons (?)– Incarceration for felony sentences

Public vs. Private Corrections:1) Corrections can only occur legally under

governmental authority2) In last 25 years, private companies have

entered corrections field– About 7% of prisoners are now in private facilities

(6% of state & 14% of federal prisoners)

• How does privatization of prison work?– Construction & leasing of facility– Contracted management & operation of facility– Contracted services– Entire Institution

Public vs. Private Corrections:3) What are the arguments about privatization of

corrections?– Cost and efficiency– Effectiveness and quality– Administrative flexibility and change– Accountability and Legal issues

4) Who are the players in privatized corrections?– 14 companies in U.S.: – Mostly in the South– Also very involved in juvenile corrections

5) What does the research show?

State vs. Federal Corrections:• At state level, have 50 different correction systems,

with great variation across states– All felony imprisonments are state responsibility– Difficult to describe “average”, as states vary so much– Generally 3+1 security levels of prisons– Greater use of imprisonment in southern states– Greater use of privatized corrections in South

• At federal level, have one correction system– Used only for federal felony imprisonments (FCIs)– 5 security levels(?) (AdMax / High / Medium / Low /

minimum)– Also: Federal Jails and Medical Centers

Men’s vs. Women’s Prisons:• See the description in the book for male

prisons

• Note: female prison population is growing faster than male, still only about 6% of all prison inmates.– Women’s prison facilities are visibly different– Female offenders = different kinds of offenders– Most sentences for property or drug crimes– Inmate organization is very different– Female prisons generally have fewer programs