Lesson7/criminal Ethics
dbrown83
Pollock_7e_ch12_final.ppt
CHAPTER 12:
Discretion and Dilemmas in Corrections
Lecture Slides prepared by Cheryn Rowell
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Correctional Professionals
Correctional officers and supervisors
Treatment professionals (e.g., educators, counselors, psychologists, and others)
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Discretion
Correctional officers have a full range of control, including denial of liberty and application of physical force.
Correctional officers have discretionary powers, such as charging an inmate with a disciplinary infraction versus delivering a verbal reprimand.
Disciplinary committees also exercise discretion when making a decision to punish an inmate for an infraction.
Treatment professionals have discretion in writing parole reports, making decisions on classification.
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Correctional Ethics
In the 1970s, prison guards adopted correctional officer as a more descriptive professional title.
The period also saw such dramatic changes as:
- Increased on-the-job danger
- Loss of control
- Increased stress
- Racial and sexual integration
- Unionization
- Higher standards of professionalism
- Expanded bureaucratization
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Relationships With Inmates
- Both guards and inmates prefer to live in peace.
- Both feel they must take sides when conflict occurs.
Reciprocity: Officers become dependent on inmates for completion of important tasks.
In return, officers may overlook inmate infractions and allow a degree of favoritism.
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- Officers have the power to make life difficult for inmates they do not like.
- If officers become personally involved (e.g., sexually), their professionalism is compromised.
- An alliance sometimes forms between guards and inmates that is not unlike foreman-employee relationships.
- Officers insist that “you can be friendly with inmates, but you can never trust them.”
- Mature officers learn to live with this inconsistency.
Relationships With Inmates
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Thinking Point
In June of 2010, correctional officer David Francis of Charleston WV, was implicated for allegedly sexually abusing, harassing, and assaulting two female inmates over the course of two years. The inmates have filed suit against the officer as well as the West Virginia Department of Corrections for punitive and compensatory damages.
Should the inmates profit from the unethical behavior
of the correctional officer?
What punitive action should be taken against Francis?
Correctional Officer Subculture
- May consider inmates, superiors, and society in general as “the enemy”
- Accept use of force as a routine job element
- Show a tendency to redefine job roles to meet minimum requirements only
- Show a willingness to use deceit to cover up wrongdoing by staff
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Types of Officers
Violence-prone: use the role of correctional officer to act out an authoritarian role
Time-servers: serve time in prison much the same as most inmates do (trying to avoid trouble and hoping nothing goes wrong on their shift)
Counselors: seek to enlarge their job description; perceive their role as inmate counselor/helper
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Use of Force
Physical force is often necessary in prison situations.
Prior to the 1980s, overt physical force was used routinely in U.S. prisons.
“tune ups”
“hanging up”
Hudson v. McMillian
Today, the incidence of excessive force is less common, but it is still used in some institutions.
Inmates have more to fear from each other than from correctional officers.
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Detention Officers in Jails
In many respects, local jail officers have more difficult responsibilities than state prison officers.
Jail population is transitory and often unstable.
Offenders may come into jail intoxicated, suffer from undiagnosed diseases or psychiatric conditions, or be suicidal.
Visitation is more frequent, and family issues are more problematic.
The constant activity and chaotic environment of a jail often create unique ethical dilemmas.
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Treatment Staff
The professional goal of all treatment specialists is to help the client.
This goal may be fundamentally inconsistent with the punitive prison/jail environment.
A dilemma of treatment programs is deciding who is to participate.
Psychiatrists in corrections may feel that they are being used more for social control than treatment.
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Treatment in Prison
The fact that prisoners are captive audiences makes them attractive subjects for experimentation.
Can inmates give voluntary and informed consent?
Treatment vs. custody issues
Issues with faith based treatment programs
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Ethical Issues for
Prison Psychologists
- Confidentiality
- Protection of psychological records
- Informed consent
- Corroboration
- Refusal of services
- Nondiscrimination
- Competence
- Knowledge of legal structure
- Accuracy and honesty
- Misuses of psychological information
- Multiple relationships
Probation Discretion
- Make sentencing/revocation recommendations.
- Write violation reports.
- Responsibility to the offender’s family.
- Relationships/closeness to the offender.
- Gratuities.
- Part-time employment.
Probation Officer “Types”
- The punitive law enforcer: officers have a tendency to use illegal threats and violate due process protections.
- The Welfare/therapeutic practitioner: officers infringe on clients’ privacy because they are “helping” the client.
- The passive time server: officers do not perform assigned duties.
Parole
Supervision of parole officers is stronger than probation officers. The parole officer usually manages a caseload of older and seasoned offenders.
- 67 % of released inmates were charged with at least one serious crime within three years.
- Studies indicate that the rate of recidivism is worse than twenty years ago.
- Men, blacks, and young people are the most likely to recidivate.
- Those who participate in property crimes are most likely to return to criminal behavior.
Causes of Probation/Parole Officer Burnout…
- Low wages
- Incompetent promotion
- High caseloads
- Correctional ineffectiveness
- Politics
- Emotional Investment
