Chapter 10

Criminal Justice 110 with Beck at University of Wisconsin - Oshkosh

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By: Lauren Munson
Textbook: Study Guide for Cole/Smith's Criminal Justice in America, 5th
Created: 2011-04-14
Size: 35 flashcards
Views: 23

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Corrections

The variety of programs, services, and organizations responsible for the management of people who have been accused or convicted of criminal offenses

Enlightment

Movement during the 18th century, in England and France in which concepts of liberalism, rationalism and individualism dominated social and political thinking
affected the views on law and criminal justice
questions rose about nature of criminal behavior and punishment

The State of Prisons in England and Wales

Wrote by John Howard in 1777
described the horrible conditions in prisons

Penitentiary based on 4 principles

a secure & sanitary building
inspection to ensure that offenders followed the rules
abolition of fees charged offenders for food
a reformatory regime

Penitentiary

institution to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent and reform

Reform: The Pennsylvania System

in 1790 construction of 2 penitentiaries for solitary confinement

first created was the Walnut Street Jail

Walnut Street Jail based on five principles

prisoners would bot be treated vengefully
prisoners should be convinced that through hard and selective forms of suffering they could change their lives
solitary confinement would prevent further corruption inside prison
in isolation offenders would reflect on their transgressions and repent
solitary confinement would be punishment because humans are by nature social animals
solitary confinement would be economical because prisoners would not need long time to repent

The New York System

New York penitentiary opened in Auburn to compete w. Walnut Street Jail
prisoners held in isolation @ night and worked at shops during day
forbidden to exchange glances while on the job or meals
first to utilize labor system

Convict Labor System

Inmates labor was sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made salable products in the institution

Convict least system

system in which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labors

National Prison Association

new spirit of reform
prisons should operate according to a philosophy of inmate change

reformation awarded by release

The Reformatory

Institution for young offenders that emphasizes training, a mark system of classification, indeerminate sentences and parole

Mark System

A point system in which prisoners can reduce their term of imprisonment and gain release by earning "marks" through labor, good behavior and educational achievement

Rehabilitation Model

Model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society

Medical Model

Based on the assumption that criminal behavior is caused by biological or psychological conditons that require treatment

Community Corrections

Model of corrections based on the goal of reintegrating the offender into the community

Crime Control Model of Corrections

based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision

Organization of Corrections in the USA

fragmented w/ each level of government holding some responsibility for corrections
state & local governments pay about 95% of the cost of correctional activities in the nation

Federal Corrections System

Federal Bureau of Prisons

created by the congress in 1930
operates a system of prisons located throughout the nation
housed over 195,000 inmates
staff of more than 30,000

State Prison System

prison, reformatories, prison farms, forestry camps, and halfway houses
this variety does not exist for women

States Institutes for Women

7% of the incarcerated population is women
mostly sentenced to probation and intermediate punishments, male offenders tend to commit more violent crimes

Private Prisons

Private firms believe they can build and run prisons better and at a profit and at a lower cost to taxpayers
held 6.2% of all state prisons and 14.4% of all federal prisomers

Jails vs. Prisons

Prison-institution for the incarceration of ppl of serious crimes(felonies)
Jail- institution authorized to hold pre-trial detainees and sentenced to misdemeanants for periods longer than 48 hrs

Jail Characteristics

capacity varies
most jails are very small, with 40% holding fewer than 50 ppl each

Law of Corrections

prior to 1960'a hands-off policy with respect to corrections
hands of policy- the belief that judges should not interfere w/ the administration of correctional instituions

Constitutional Rights of Prisoners

Cooper v. Pate (1964)-si

1st Amendment Rights

prisoners have successfully challenged many of the restritions of prison life (acess to reading materials and censorship of mail)

4th Amendment Rights

prohibits unreasonable searches and seizures, but courts have not extended these protections much to prisoners
Hudson v. Palmer (1984)-upheld the authority of officials to search cells and confiscate any materials found

8th Amendment Rights

Courts have applied 3 test to determine if its unconstitutional

whether the punishment shock the conscience of a civilized society
whether the punishment is unnecessarily cruel
whether the punishment goes beyond legitimate penal aims

14th Amendment

Bill of Rights restricts government actions affecting criminal justice
must treat all ppl fairly and justly w/ decisions being made according to procedures prescribed by law

Due Process in Prison Discipline

Wolff v. McDonnell (1974)- basic elements of procedural due process must be present when decisions are made about the disciplining of an inmate

receive a notice of complaint
have a fair hearing
confront witnesses
get help in preparing for the hearing
be given a written statement of the decision
prisoners do not have the right to cross-examine witnesses

Law and Community Corrections

Samson v. California (2006)- Supreme Court approved California statue that requires every parolee to agree to be subject to warrant-less searches
Morrissey v. Brewer (1972)- court ruled that parolees facing revocation must be given due process:

hearing officer determines whether there is probable cause that a violation occurred
paroles have the right to be notified of the charges against them, to know the evidence against them
to be allowed to speak on their own behalff

Law and Community Corrections cont.

to present witnesses and to confront the witnesses against them
parolee must receive a notice of charges and the evidence of a violation is disclosed and may cross-examine witnesses

Community Corrections Trade

Probation-ppl on probation now make up 60% of the correctional population

Incarceration Trends

From 1940 to 1973 incarceration rate has increased from 110 per 100,000
since 1973 rate has quadrupled standing @ 506 @ the end of 2007

About this deck

By: Lauren Munson
Textbook: Study Guide for Cole/Smith's Criminal Justice in America, 5th
Created: 2011-04-14
Size: 35 flashcards
Views: 23

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis