corrections in america

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Corrections in America

Fisher College

Criminal Justice Program

Robert Boomhower

2020

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Basics of Corrections

  • Jail, pre-trial detention, or awaiting arraignment or bail

  • House of Correction, sentence of Less than 2.5 years

  • Prison, sentence of MORE than 2.5 years

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  • 13 Jails in 14 counties, only Nantucket County does not have a jail/house of correction. There are 344 lockups in Massachusetts. A lockup belongs to the police departments (state & local) as well as dept of youth services and dept of mental health
  • House of Corrections, again, 13 of the 14 Counties have a House of Correction. The latest figures available (2009) indicate that there are 15,229 inmates being housed in County Jails and Houses of Correction
  • There are 18 Prison Facilities in Massachusetts under the direction of the Dept of Correction, with varying degrees of security, from Pre-Release to SuperMax, as of this morning, the DOC had 11,893 inmates under their control, with over 3800 corrections officers “holding down the fort”. 8% (942) are doing “life w/o parole” 92% will be released eventually 41.2% of those with no supervision 23.3% on parole 24.3% on probation 12.2% on both parole & probation

The Purpose of Corrections

  • Criminal sanctions in America have been based on FOUR schools of thought throughout the years. Sanctions changed as attitudes and correctional practices changed and society evolved.

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Criminal sanctions and the “schools of thought” behind them change appox. Every 60 years.

Beliefs come from culture and religion as well as social issues at a given time.

Society seems to find a “Crime of the Decade” in which laws are passed, editorials are written and punishments become more severe.

Examples of this are Operating Under the Influence, Domestic Violence, Drugs, and Elderly Abuse just to name a few.

The Purpose of Corrections

  • Retribution: a belief that criminals deserved to be punished. An “eye for an eye” as spelled out in the Bible and other early writings. A belief among the Puritans that landed here in 1620, that was derived from English Laws and became the foundation of corrections in America.

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Normally a belief held by many religions that take a hard line approach to a persons behavior. This attitude was brought here by the pilgrims who were escaping religious persecution in England. Has a firm basis in English Common Law also known as the “Kings Laws”, and eventually found its way into colonial law.

The Purpose of Corrections

  • Deterrence: punishment that was severe enough so that the criminal and society in general, would not commit that or any type of crime again.

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20 lashes with a whip for stealing food, 3 days in the “stocks” for being drunk on the Sabbath. (Colonial America) In some cultures at some times the punishment was more severe. How about hanging for horse thievery? (United States) Having a finger or hand cut off for stealing. (Muslim) How about being stoned to death for Adultery? (Hindu)

The Purpose of Corrections

  • Incapacitation: any type of detention that removes an offenders capacity to commit further crimes. Prison sentences, monitoring programs, 3 strikes laws, work release programs and the death penalty as set down by the courts or corrections that is designed to either keep criminals “off the street” or under close scrutiny

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LOCK EM UP….THROW AWAY THE KEYS!!!!! Get tough on crime Take back the streets etc etc etc Mandatory Sentences Truth in Sentencing

The Purpose of Corrections

  • Rehabilitation: an attempt to change criminal intentions through counseling, training or therapy.
  • Examples of these types of programs include: Anger Management, Alcoholics Anonymous, Educational Training (GED), Substance Abuse Counseling and many more.

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This is what your Programs Division does…………be supportive of these programs……it gets the inmate out of your unit for the day or at least a few hours.

Sheriff Marshall used to say you cant rehabilitate someone who has never been habilited in the first place.

What does that mean?

Do you really want an Inmate right back in your community that we haven't at least TRIED to counsel and correct?

Criminal Sanctions in the United States

  • Probation: reporting to an officer of the court on a scheduled basis. May include requirements as set down by the court as conditions for an inmate to remain in society.
  • Examples of these types of sanctions include, counseling, drug testing, acceptable housing and/or gainful employment.

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Do you think Probation is effective? …..are Probation Officers overworked? The Office of the Commissioner of Probation currently oversees 244,995 probationers. The Mass Parole Board supervises 4,854 parolees

Criminal Sanctions in the United States

  • Restitution or Fines: monetary returns as set down by the court to satisfy a debt to society.

  • Restitution is paid to the VICTIM.

  • Fines are paid to the COURT.

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Money Talks

Is RESTITUTION justice?

Does the court fine criminals in sufficient amounts for it to be a deterrent?

Criminal Sanctions in the United States

  • Community Service: repayment of criminal debt by working in/for the community your crime was committed against.

  • Generally speaking, a fairly effective program for first-time or juvenile offenders.

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What do you think of programs like this?

Are they effective?

Does a juvenile or first offender really learn a lesson by washing police cruisers or picking up trash?

Or is it more of an inconvenience?

Criminal Sanctions in the United States

  • Day Reporting: A program that allows a criminal to remain in society, keep his/her job, and to live with and provide for their family.
  • Additionally, it provides for daily or weekly reporting to the sentencing court.

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What’s your opinion of programs like this?

Does it reduce the welfare roles?

Does the criminal learn a lesson from this?

Criminal Sanctions in the United States

  • Electronic Incarceration Programs (EIP): A program where a monitoring bracelet is attached to a criminal’s ankle, for the purpose of house arrest or restricted scheduled time out to work or other essential activity.
  • The “Martha Stewart” sentence, (5 months in prison, 2 years probation / 5 months of home confinement w / electronic monitoring)

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Martha Stewart was charged with 4counts of obstructing justice, lying to investigators, making false statements and perjury.

Crimes that carry a 5 year sentence and/or $250,000 fine for each count.

It cost the taxpayers 2.7 million dollars to prosecute Martha Stewart (which she pleaded guilty to), $141,000 dollars to incarcerate and supervise her.

She had avoided losing 46,673 dollars by selling stock in a pharmaceutical company a day before its was refused FDA approval for a new drug it had developed.

She had received inside information from her stock broker regarding its denial

Did the Taxpayers get their monies worth for this prosecution?

Did the punishment fit the crime?

Criminal Sanctions in the United States

  • Incarceration: Jail, House of Correction or Prison sentence as determined by the Court based on the type and severity of the crime and the legal sanctions that can be imposed.

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Criminal Sanctions in the United States

  • Execution: death penalty if allowed by state statute. Currently there are 38 states, (Massachusetts is not one of them) and the Federal Government with capital punishment laws.
  • Most commonly, the sentence is carried out by Lethal Injection. (35 states)

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Lethal Injection 35,

Electrocution 10,

Gas Chamber 11,

Hanging 2 (NH & WASH),

Firing Squad 2 (OKLA & IDAHO)

Governing Correctional Behavior

The United States Constitution

  • The First 10 Amendments of the Constitution are known as the “Bill of Rights” (ratified December 15, 1791)

  • Only 5 Freedoms are mentioned in the Constitution:

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Most criminals and for that matter most citizens confuse freedoms for rights

Governing Correctional Behavior

  • Writ of Habeas Corpus – Bring the body before the court

  • Ex-post Facto – No retroactive criminal laws will be enacted

  • Bill of Attainer – No law against a specific person or group will be enacted

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  • HABES, one of the most common terms regarding the transportation of inmates

  • You don’t usually hear about this freedom, because laws are reviewed prior to proposal, hearing and passage. It implies that if they pass a law today making it illegal to be a recruit officer in Plymouth County, we cant lock you up because it was legal for you to be here prior to the laws passage

  • Here's a freedom that hadn't been challenged for over 110 years until last year in Maryland (Wal Mart vs. The State of Maryland) regarding health care payments

Governing Correctional Behavior

The United States Constitution

  • First Amendment, 1791: freedom of speech and press, freedom to establish & exercise religion, right to peaceful assembly.

  • Fourth Amendment, 1791: freedom from unreasonable search & seizure.

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Governing Correctional Behavior

The United States Constitution

  • Eighth Amendment, 1791: freedom from cruel and unusual punishment.

  • Fourteenth Amendment, 1868: due process and equal protection under the law.

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The Constitution of the United States of America

  • 1791 – 5th Amendment – Right Against Self Incrimination, Double Jeopardy (after acquittal)

  • 1791 – 6th Amendment – Right to Counsel, Speedy Trial & To Call Witnesses

  • 1795 – 11th Amendment – Clarifies judicial power over foreign nationals, limits ability of citizens to sue states in federal court

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5. Pleading the fifth,

6. right to have an attorney (Miranda Warning) Guarantees access to and assistance of counsel (Johnson v Avery stated that inmates could consult with “jailhouse lawyers” when advice from professionals was not available Law library (we must provide the means/ability to pursue legal claims (Lewis v Casey) forms the basis for our inmate disciplinary policies

11. why is this important today? (Terrorism, DETAINEES) or

The govt. protecting itself from massive tort claims such as environmental disasters and judicial or law enforcement wrongdoings (illegal wiretaps etc)

The Constitution of the United States of America

  • 1st Amendment: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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What could possibly bother inmates about this amendment?

Didn’t they get all this already?

Or do they lose some of these rights when they go to jail?

Can inmates “assemble” to attend religious services? yes

Can we open their mail and censor it? Yes

Do we have to provide dietary accommodations for certain religions? yes

1st Amendment Decisions

  • Turner v. Safley, 1974. allowed institutions to ban correspondence between inmates
  • Thornburg v. Abbott, 1989. Allowed institutions to reject incoming publications detrimental to security or may facilitate criminal activity
  • Fulwood v. Clemmer, 1962. Allowed Muslims to hold worship services

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Here are the more important constitutional decisions that effected the daily lives of inmates in America

Why would we ban correspondence between inmates? Security risks? Like what? Escape plans?, Contraband? Riots?

Why cant inmates read whatever magazine they want…..you can? Maxim, Easy Rider & Stuff banned in Norfolk County ( gay bashing and how to escape from prison articles)

What's the matter with Muslims worshiping in jail? Belief that they promoted violence against the government and law enforcement

The Constitution of the United States of America

  • 4th Amendment: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons and things to be seized.

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Can we strip search inmates? YES Strip searches permissible when security interests dictate the need (Bell v Wolfish)

Can we search a cell and seize materials found there? YES Its not reasonable to expect the same level of privacy accorded a home or automobile (Hudson v Palmer)

Massachusetts Declaration of Rights, Article XIV

  • Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers and all of his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or seizure; and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.

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4th Amendment Decisions

  • Lanza v. New York, 1962. Conversations recorded in a Visiting Room are not protected by the 4th Amendment
  • Bell v. Wolfish,1979. Strip searches & cavity searches are not unreasonable
  • Hudson v. Palmer, 1984. Officials may search cells without a warrant, and seize materials found there

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The Constitution of the United States of America

  • 8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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Issues addressed in lawsuits were lack of medical care, overcrowding and use of force

Do we have to provide adequate medical care….it costs a lot of money

Is it our (mine and your) fault that our jails are overcrowded?

Why cant I beat you into submission until you behave yourself? If I cant do that, can I withhold food/water?

8th Amendment Decisions

  • Estelle v. Gamble, 1976. Deliberate indifference to serious medical needs violates the 8th Amendment
  • Rhodes v. Chapman, 1981. Double bunking & overcrowding do not necessarily violate the 8th Amendment
  • Wilson v. Seiter, 1991. Prisoners must prove conditions are not only cruel, but are caused by deliberate indifference

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  • Deliberate Indifference: injury (mental or physical) inflicted intentionally or deliberately by officials. KNOWING SOMETHING IS WRONG AND NOT DOING ANYTHING ABOUT IT WILL GET YOU SUED!!!!!! Addresses attitudes towards basic human needs. Failure to have qualified medical staff or providing inadequate treatment GIVE ME AN EXAMPLE OF DILIBERATE INDIFFERENCE
  • The courts have held that overcrowding alone does not constitute cruel and unusual punishment, HOWEVER, conditions that result from overcrowding can be unconstitutional such as the deprivation of basic needs like food, warmth or exercise

The Constitution of the United States of America

  • 14th Amendment: (1868) All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without the due process of law; nor deny to any person within its jurisdiction the equal protection of its laws.

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So….here’s my opening question……can we put people in jail????????????

14th Amendment Decisions

  • Wolff v. McDonnell, 1974. Due process must be present when decisions are made concerning the disciplining of an inmate
  • Baxter v. Palmigiano, 1976. Although due process must be accorded, an inmate has no right to counsel in a disciplinary hearing

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When you get your class on Inmate Discipline you’ll see how this amendment affects your policies

Governing Correctional Behavior

  • Statutes: State Laws enacted by the Legislature.
  • Examples of these types of laws include, Domestic Abuse Act (Chapter 209), Assault & Battery, Homicide, Sexual Assault or Abuse, Senior Citizen Abuse, Stalking, Motor Vehicle Laws (Chapter 90) and many more

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Ask yourself this question………What type of a society have we become when our legislators spend their time passing anti-abuse laws

Governing Correctional Behavior

  • Case Law: decisions of the court, (State, Federal or the U.S. Supreme Court) that define, constrict, or allow certain behavior or acts.
  • Many times these decisions are a result of Inmate Lawsuits or regulatory issues. An example of this is Gregg v. Georgia USSC 1976, upholding the Death Penalty

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The majority of case law came about because the police or corrections didn’t do the “right thing” in the first place

Governing Correctional Behavior

  • Regulations: State Regulations in Massachusetts are known as the CMRs, (Commonwealth of Massachusetts Regulations) and dictate how inmates are classified, quality of services rendered, medical care, cleanliness and educational programs etc.
  • An example of this is CMR 915.03, Orientation & Training Requirements

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Governing Correctional Behavior

  • Policy: Sheriff’s Office policies are designed to guide inmates and staff in the everyday workings of, and the rules by which the facility is governed. These policies are commonly referenced as CSD’s (County Sheriff Department) and are broken down by numbers and directive.
  • An example of this is CSD 230, Staff Discipline

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