More than 1,600 adult correctional facilities in US

Many facilities are old and decrepit Institutions holding a thousand or more

inmates still predominate the system

After sentencing Classification: deciding what type of

prison to be sent to◦Based on assessment of risk, seriousness of

offense, rehabilitation potential Types of prisons

◦Supermax, maximum, medium, minimum (“country clubs”)

Entry procedures ◦ Depends on type of prisons◦ E.g., Maximum security prison: strip search,

health checks, issuing of materials, personal belongings saved in property room, lecture on procedures to be followed (do what the guards tell you)

◦ Symbolic and real humiliation during entry – body cavity searches; strip of conventional identity (clothing, haircuts)

◦ Basic message: “you are ours,” “you are powerless,” “you ain’t nobody now”

◦ Assignment to job Regimes (how to behave)

◦ If behave, no problems, earning good time; privileges (e.g., conjugal visits)

Prisons in the U.S. are “total institutions” –the lives of prisoners are totally controlled

Living in prison◦ Personal losses include deprivation of liberty,

goods and services, heterosexual relationships, autonomy, and security.

◦ Inmates must learn to cope with loneliness and dangers of prison life

Inmate’s methods of coping◦ Inmate Subculture: loosely defined culture that

pervades prisons and has its own norms, rules, and language

◦ Inmate Social Code: unwritten guidelines that express values, attitudes, and types of behavior that older inmates demand of younger ones. Represents values of interpersonal relations within the prison

◦ Prisonization: assimilation into the inmate subculture.

What do prisoners learn in the inmate culture?◦Criminal skills (e.g., how to burglarize a

house)◦Disrespect for authority (do not trust guards

and staff)◦Crime as a way of life (hustling, smuggling,

illegal commerce)◦Force is necessary to solve some problems ◦The need for group support and loyalty

(hard to survive by yourself; do not rat)

◦Make reintegration into society difficult The skills learned on how to survive in

prison do not work well outside◦Leads to recidivism (parole violations, new crimes)

◦Research shows the most prisoners have become prisonized, have adjusted to life inside, after two years

The new inmate culture◦ Precipitated by black power movement in the

1960’s and 70’s◦ African American and Latin inmates are now more

organized◦ Racial polarity and tension is a dominant force◦ Groups formed as a result of various factors:

Religious or political affiliations To combat discrimination Previous street gang membership

At beginning of 20th century female inmates were viewed as morally depraved individuals who flouted conventional rules of female behavior.

Only 4 women’s prisons were built between 1930 and 1950.

Before 1960 few women were in prison. 34 women’s prisons were built during

1980’s as crime rates soared.

Female institutions◦ Generally smaller than those housing male

inmates◦ Majority are minimum security◦ Suffer from lack of health, treatment, and

educational facilities◦ Limited vocational training

Primarily young, unmarried, poorly educated, minority group members

From broken homes Suffered from physical and sexual abuse,

domestic violence Psychological/substance abuse problems Subject to sexual exploitation/abuse by staff

Adapting to the female institution◦ Behavior is less violent than male inmates◦ Anti-authority inmate social code of male

institutions does not exist◦ May engage in self-destructive behavior to cope

with problems◦ Creation of make-believe families as coping

mechanism

Inmates Guards Staff (education, counseling, drug

treatment, rehabilitation services) Administrators Visitors Each group has different needs for

protection and safety

Individual and group treatment◦ Behavior modification◦ Aversive therapy ◦ Milieu therapy◦ Reality therapy◦ Cognitive skills ◦ Formal education

Faith-based rehabilitation efforts

Special-needs inmates◦ Drug-dependent◦ Mental problems◦ Physical disability problems◦ AIDS - infectious diseases◦ Elderly and sick◦ Gays and lesbians◦ Women with children

Drug treatment◦ Programs to treat alcohol and substance abuse◦ Use of methadone◦ Creation of therapeutic communities

AIDS-infected inmates◦ Homosexual behavior and in drug use increase

risk◦ Both behaviors common in prison◦ Approximately two percent of prisoners are

infected◦ Administrators reluctance to provide education on

prevention as riskiest activities are forbidden in prison

Need protection from other inmates and staff

Have low status among other inmates Segregation in separate housing areas

(same as women with children who need special facilities to be with their children)

Vocational training programs◦ Most institutions provide◦ New York has more than 42 trade and technical

courses for inmates◦ While programs provide benefits for inmates and

institutions they are subject to criticism Inability to find related jobs on release Equipment is inadequate or obsolete Programs used solely for prison maintenance Objections of unions

Work release◦ Furlough programs allow deserving inmates to

leave the institution and hold regular jobs in the community

◦ Inmates are able to maintain work skills and community ties

◦ Transition from prison to outside world is easier◦ Citizens are worried about inmates “stealing” jobs

from them◦ Worries about safety and new crimes being

committed while on release Post release programs

Rehabilitation ◦ Robert Martinson’s “nothing works”◦ Conservative view of corrections currently

emphasizes punishment over treatment◦ Recent research indicates it is possible to lower

recidivism rates

Control is a complex task Prison guards were traditionally viewed as

ruthless Now viewed as public servants Guards play a number of roles Despite appearances and total institutions –

order is maintained in prisons by the inmates as well

Female correctional officers◦ Estimated 5,000 women are assigned to all-male

institutions◦ Questions of privacy and safety◦ Dothard v. Rawlinson (1977)◦ Research indicates that discipline has not suffered

because of the inclusion of women

Inmate v. inmate Inmate v. staff/guards Guards/staff v. inmate Sexual assault

◦ In prisons – inmate on inmate gay sex; male guards-female prisoners

◦ Outside prison – prostitution rings, sex services provided by staff/guards to outsiders; “rent” out female inmates

Contributing factors to violence◦ Poor communication◦ Destructive environmental conditions◦ Faulty classification◦ Promised, but undelivered reforms◦ Lack of treatment programs

Causes of individual violence◦ Violence-prone individuals◦ Personality disorders◦ Lack of effective grievance processes◦ Violence as a survival mechanism◦ Staged fights by guards

Causes of collective violence◦ Inmate-balance theory◦ Administrative-control theory◦ Overcrowding◦ Rise of gangs within prisons

Hands-off doctrine: administrators were given a free hand to run institutions irrespective of constitutional violations◦Prison administration was a technical matter

best left to experts◦Society was apathetic◦Prisoner’s constitutional rights viewed as

limited approach Cooper v. Pate signaled the end of the

hands-off doctrine

Minimal standards of human dignity: prisoners are still persons under the law◦ Access to courts, legal services and materials◦ Freedom of expression◦ Freedom of religion◦ Right to medical treatment◦ Access to reading materials and media◦ Prohibition against cruel and unusual punishment –

conduct which shocks the reasonable conscience (lengthy solitary confinement, shackling, excessive physical punishment, torture)

Notice that less than 20%, one in five, of prisoners leave because they have finished their sentence

Parole: early release of prisoner subject to conditions set by a parole board◦ Decision to parole is determined by statutory

requirement Discretionary parole Mandatory parole release

Functions of the parole board◦ Select and place prisoners on parole◦ Aid, supervise, and provide control of parolees in

the community◦ Determine when parole has been completed and

the parolee may be discharged◦ Whether parole should be revoked if violations

occur

Parole hearings◦ Method of case review varies by jurisdiction◦ Consider factors such as crime, institutional

record, and willingness to accept responsibility◦ Few legal guidelines on decisions to parole or not

– highly discretionary

The parolee in the community◦ Must adhere to conditions of release◦ Parole is viewed as a privilege and not a right◦ Failure to comply with conditions of release

results in return to prison Intensive supervision parole

The effectiveness of parole◦ More than half return to prison shortly after their

release, many for technical violations, not new crimes

◦ Re-arrests are most common in the first six months after release

◦ Cost of recidivism is acute – high number of new criminal offenses

Factors leading to parole failures◦ Consequences of prisonization◦ Prisons rarely address psychological and economic

problems that are likely to lead parolees to recidivism◦ Little preparation for reintegration while in prison◦ Prisons do not allow development of skills essential to

cope with outside world◦ Disruption of home life while incarcerated and lack of

support systems once released◦ Limited resources when are released (e.g., bus fare

home)◦ Loss of rights/inability to find employment◦ “Civic death” laws

The argument: Prisons make bad people worse Reform prisons

◦ Ensure minimal standards of dignity and well-being◦ minimize abuses◦ Lessen disconnect from society

Increase external oversight◦ Enhance transparency, oversight, legal remedies

Create and use alternatives to prisons◦ Drug courts, intermediate sanctions, community corrections

Change the metaphor from war-making to peace-making: use prisons only as last resort and only for those who need to be in prison◦ Restorative justice