- school of classical criminology - punishment doesn't need to be severe to be effective - offenders are motivated by free will and will commit crime if they think the risks of punishment are low - advanced the conservative perspective and formulated the ideas of utility and deterrence in corrections
- hedonistic calculus (pain/pleasure model) - people calculate the amount of gain expected and weigh that against possible punishment - idea of uniformity in sentencing. Sentencing by act, not person (has major drawbacks)
In which perspective is punishment used to deter?
Which perspective places an emphasis on society?
The critical perspective. Their argument is that you cannot rehabilitate someone while the source of the problem remains.
the ideology that criminals cannot do harm to society while in prison (crime prevention)
Which perspective asserts that poverty, racism and social injustice are causes of crime?
The liberal perspective
Just War Theory
a militarized drug control strategy -justice of war & justice in war need: just cause, legitimate authority, right intention, last resort
1. there must be a substantial aggression 2. non-belligerent corrections are hopeless or too costly 3. belligerent corrections are neither hopeless or costly
- director of office of national drug control policy
(goals) - motivate youth to reject drugs - reduce drug crime and protect citizens - reduce health, welfare and crime costs - shield land, air and sea from drug threat - break domestic and foreign sources
War on Drugs
- drug use linked to poverty, community breakdown and unemployment, so gov't declared a 'war on drugs' with high arrest rates and mandatory sentences. - failing because it's expensive, undermines rights with unlawful searches and discriminates against the poor - didn't reduce drug supply
Welfare Reform Act
1996 - Clinton denied welfare to those with drug violations
Penal Harm Movement
- began in the 70's - intent to increase misery in prisons - gets rid of programs for prisoners, and even medical care - "get tough" models targeting underclass minorities - return of chain gangs
a population within a prison that has special needs
HIV/AIDS in prisons
- patients need more care, and are stigmatized by other inmates - AIDS does not spread rapidly through institutions - quality of care inconsistent from prison to prison, because it is expensive
Tuberculosis in Prisons
- TB is easily spread through airborne bacteria - increase in prison population only makes this spread easier
Aging in Prisons
- due to the large amounts of inmates with long mandatory sentences, many people are aging behind bars - aging population requires more medical care - old inmates don't care about programs (ex. GED) but only care about social security
Corrections purposely adopted this model to control the lives of inmates and make prison life distinctly different from the free world
the ideology contending that differences between racial groups asserts one group as superior
when individual racism emerges in discriminatory policies in systems
Scottsboro Case (1931)
- after a fight on a train between white and black males, 2 white females, afraid of being arrested for vagrancy, accused the 9 black males of rape - 8 of the 9 were sentenced to death - after an appeal the boys were freed because the judge believed they didn't have adequate counsel
How much of the prison population is black/hispanic?
Are there benefits to racial profiling?
No, it leads to no increase in arrests
Whats the relationship between employment and incarceration?
You are less likely to be incarcerated if you have a job, and if you are incarcerated you are more likely to go out on parole if you have a job waiting for you.
Are african americans represented proportionately in corrections?
Is there racism in corrections?
Possibly, but many people believe it might be more class discrimination. However, most minorities are in the lower class
How can native americans be tried?
Trials by tribe, by state, or by federal government
Trial within tribe
- informal compared to state - incarceration is rare, usually retribution or compensation for victim and tribe
How do native americans view police?
have a negative view on police
Do native americans get higher sentences than whites?
yes, but generally not much higher than blacks or hispanics
Crime Rate for native americans
25% higher than whites, most arrests are alcohol related
Suffragists vs Reformers
suffragists fought for equal rights, while reformers promoted femininity and encouraged ladylike behavior
History in Womens corrections
- men could be punished for not controlling their women - in the 1800's women were put in the same institutions as men - reformers like dix, fry and winstar advocated for women's prisons with female guards
Reformatory Movement (late 1800s to early 1900s)
- purpose of incarceration was to promote femininity - female guards - applied medical model - failed in 1930's because of the great depression
- less harsh - house less serious offenders - focus on female morality
- focus on female criminality - more minorities than in reformatories - worse treatment than reformatories
Current explanations of female criminality
Opportunity and Socialization - different role expectations - difference in socialization patterns - diff. in opportunity to commit particular crimes - diff. access to criminally oriented subculture - sex diff. built into crime categories
Early theory of female criminality
1. Social determinism - sterilization & lengthy periods of confinement so women can't breed more criminals 2. "bad" men have a negative effect on "weak" women
Feminist assumptions are applied to the nature of female crimes
- inequality is because of educational and employment opportunities - women shouldn't be taught to embrace gender stereotypes - equality can be made with the use of affirmative action, passing equal rights amendments and other laws - focus on discrimination against female offenders
Marxist & Socialist Feminism
Main point is that capitalism oppresses women share many things, but are also different
- Marxists first, feminists second - male dominance in the public sphere leads to women at the bottom of the economic hierarchy
- Male oppression is just as bad as capitalism - women are exploited economically and sexually - must transform social order so equality is based on gender and class
- the problem is patriarchy and sexual exploitation of women - gender inequality caused by mans need to control and exploit women - favor separatism rather than equality - must reduce violent crimes against women
Female Crime Rates
- account for 22% of arrests - account for 16% of convicted felons - account for ~6% of prison population
What is the fastest growing segment in the prison population?
What are the top crimes women commit?
1. drug trafficking 2. property offenses
What is the educational background of female criminals?
Most have at least high school degrees
How many women were using drugs or alcohol when arrested?
Half of all female arrests
How many women had prior convictions?
Guards and their relationship with female inmates
- women engage in friendly conversations with guards - will ask guards for assistance
Female Corrections facilities
- less violent than mens - less racial segregation - female prisoners like having male guards, but would rather talk to female guards
- house both sexes - minimum security - less violence tan mens facilities - more petty rules and tighter security - by 1999 there were no more co-corrections facilities, seen as an easy way out
What are trends in corrections most driven by?
-Corrections Corporation of America - owns 45 facilities, houses ~37,000 inmates, 9th larges prison