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Criminal Justice: A Brief Introduction Thirteenth Edition

Chapter 11 Prisons and Jails

A Brief History of Prisons (1 of 6)

• Prisons as punishment—a fairly new development

• Prior to prisons, early punishments often cruel and torturous

– Flogging, mutilation, branding, etc. – British convicts often exiled to American

colonies or Australia

• Workhouses housed debtors, unemployed, vagrants (not criminals)

• Incarceration dates back to the Middle Ages

A Brief History of Prisons (2 of 6)

• The Penitentiary Era (1790) – Pennsylvania system used solitary confinement,

Bible study—emphasis on penance – Philosophy of rehabilitation, deterrence

• The Mass Prison Era (1825) – Auburn system—congregate/silent system – Philosophy of incapacitation, deterrence – Congregate system cheaper than solitary

system

A Brief History of Prisons (3 of 6)

• The Reformatory Era (1876) – Indeterminate sentencing, earned early release – Elmira Reformatory – Philosophy of rehabilitation

• The Industrial Era (1890) – Inmate labor, prison industries – Ashurst-Sumners Act (1935) ended prison

industries – Philosophy of incapacitation, restoration

A Brief History of Prisons (4 of 6)

• The Punitive Era (1935) – Prisoners owed a debt to society, paid through

rigorous period of confinement – Emphasis on custody, institutional security – Philosophy of retribution

• The Treatment Era (1945) – Medical model of corrections – Philosophy of rehabilitation

A Brief History of Prisons (5 of 6)

• The Community Corrections Era (1967) – Moved away from institutionalization toward

reformation in the community – Philosophy of restoration, rehabilitation

• The Warehousing Era (1980) – Period of mass imprisonment, led to prison

overcrowding problems – Philosophy of incapacitation

A Brief History of Prisons (6 of 6)

• The Just Deserts Era (1995) – Emphasis on individual responsibility – Get-tough initiatives – Philosophy of retribution, incapacitation,

deterrence

• The Evidence-Based Era (2012) – Rational, science-based approach to corrections – Philosophy of cost-effective solutions to

correctional issues

Prisons Today (1 of 2)

• Approximately 1,719 state prisons and 102 federal prisons in operation

– Growth of prison population slowing – Imprisonment rate for males almost 14 times

higher than rate for females

• Incarceration rates high despite declining crime rates

• Use of imprisonment varies by state

Prisons Today (2 of 2)

• Typical state prison system – 1 high-security prison – 1 or more medium security institutions – 1 separate institution for adult women – 1–2 institutions for young adults – 1–2 specialized mental hospital-type security

prisons – 1 or more open-type institutions

Figure 11.2 State Prison Populations, 1925–2017

Figure 11.3 Rates of Imprisonment in the United States

Prisoners Today • Most people sentenced to state prisons were

convicted of violent crimes

• Most people sentenced to federal prison were convicted of drug law violations

• Huge disparity between blacks and whites in prison – Incarceration rate for black men is seven times

greater than the figure for white men

Figure 11.4 State Prisoners by Gender and Type of Crime, 2016

Prison Issues • The just deserts philosophy led to substantial and

continued increases in the American prison population, even as crime rates were dropping

• Creates serious problems for prison administrators today

• Beginning in 2011-2012, the growth of prison populations began to decline in state prisons

Overcrowding (1 of 3)

• Overcrowding is still a problem in many state and federal prisons, despite new prison construction and decline in use of imprisonment

• Federal system has some of the most crowded prisons

• Prison capacity – The size of the correctional population an

institution can effectively hold – Multiple definitions of capacity developed

Overcrowding (2 of 3)

• Rated capacity – The number of inmates a prison can handle,

according to experts (yields highest capacities)

• Operational capacity – The number of inmates a prison can effectively

accommodate, based on management considerations

• Design capacity – The number of inmates a prison originally built

to hold – Typically shows highest amount of overcrowding

Overcrowding (3 of 3)

• Rhodes v. Chapman (1981) – Overcrowding alone is not cruel and unusual

punishment

• Totality-of-conditions approach – Overcrowding combined with other negative

conditions may lead to a finding against a prison system

Selective Incapacitation: A Strategy to Reduce Prison Populations • Collective Incapacitation

– Found in states that rely on predetermined, or fixed, sentences

• Selective Incapacitation – Seeks to identify the most dangerous criminals

with the goal of removing them from society – Assessment of dangerousness is key – Increased use due to state budget problems

Security Levels (1 of 3)

• Maximum security – Often massive old buildings with large

populations – High fences, thick walls, secure cells, gun

towers, armed prison guards – Use of technological innovations increasing – Death-row inmates all maximum-security

prisoners

• Most states have one centrally located maximum security prison that may also include medium security facilities

Security Levels (2 of 3)

• Medium security – Inmates have more freedom to associate with

each other – Less intense supervision than maximum security – Key tool is the count, taken at regular intervals – Tends to be smaller than maximum-security

prisons

Security Levels (3 of 3)

• Minimum security – Inmates generally housed in dormitory-like

settings – More freedom to move about the prison facility – May have private rooms – Unarmed guards

• The typical American prison today is medium or minimum custody

Prison Classification Systems (1 of 2)

• Classification system assigns inmates to custody levels based on offense, assessed dangerousness, escape risk

• Initial/external classification determines the institution an offender is placed in

• Internal classification determines housing and program assignment within that institution

• Principal management tool to efficiently allocate scarce resources and minimize potential for violence/escape

Prison Classification Systems (2 of 2)

• Adult internal management system (A I M S)— assesses inmate’s predatory potential using

– Record of misconduct – Ability to follow staff directions – Level of aggression toward other inmates

• Classification criteria must be relevant to institution’s legitimate security needs

The Federal Prison System (1 of 2)

• Five security levels – Administrative maximum (ADMAX) – High security (U S P s) – Medium security (F C I s) – Low security (F C I s) – Minimum security (F P C s)

• Administrative facilities—metropolitan detention centers (jails) and medical centers

The Federal Prison System (2 of 2)

• Federal correctional complexes – Sites consisting of several types of correctional

institutions

• One ADMAX unit, located in Florence, CO

• Inmates may be required to pay costs associated with incarceration if they can afford it

– Collected funds used to improve alcohol- and drug-abuse programs in federal prisons

Figure 11.6 Federal Bureau of Prisons Facility Locator

The Growth of Federal Prisons • The federal prison population more than doubled

between 1980 and 1989, and doubled again during the 1990s

• Continued to grow during early twenty-first century

• Population is decreasing but federal prisons are still overcrowded

• Main issue is increase in expected time served by drug offenders

Figure 11.7 Federal Prison Population by Offense, 2018

Recent Improvements • A C A Commission on Accreditation

– Developed a set of standards correctional institutions can use for self-evaluations

– Institutions meeting them can apply for accreditation

• National Academy of Corrections – Offers training for corrections personnel and

legislators

Jails (1 of 5)

• Locally operated short-term confinement facilities

• Administered by local government agency

• Intended for adults but sometimes also contain juveniles

• Jails hold people who are being detained pending trial or who were committed after trial, usually those sentenced to a year or less

Jails (2 of 5)

• Purposes of jails – Hold individuals for trial, conviction, sentencing – Readmit probation, parole, and bail violators – Detain juveniles, mentally ill, others pending

transfer – Hold individuals for the military, protective

custody, contempt of court

Jails (3 of 5)

• Purposes of jails – Release inmates upon completion of sentence – Transfer inmates to federal, state, or other

authorities – House inmates for federal, state, or other

authorities – Operate community-based programs – Hold inmates sentenced to short terms (under

one year)

Jails (4 of 5)

• Jails hold 740,700 inmates, 14.5% of which are women

– 60% are unconvicted – Jail authorities also supervise people in the

community

• 3,283 jails operate in the United States with about 226,300 employees

• Average annual housing of one inmate is over $14,500

• Some inmates stay in jail for only one day, others for extended periods of time

Jails (5 of 5)

• Typical jail inmate is an unmarried black male between 25 and 34 with some high school education

• Most common charges include drug trafficking, assault, drug possession, and larceny

• About 6% of jail facilities house almost half of all inmates

Women and Jail (1 of 2)

• 14% of jail population are women—largest growth group in jails nationwide

• Problems faced by jailed women – Lack of classification system for women – Lack of facilities geared for female offenders – Education levels are low – Drug abuse – Pregnancy and lack of medical programs – Child support

Women and Jail (2 of 2)

• Women working in corrections – 22% of correctional officers are women – Deployment of female personnel

disproportionately skewed to lower rank jobs – 60% of support staff are women but only 1 in 10

chief administers are female – Women do have equal footing with male staffers

The Growth of Jails • Jails are called the “shame of the criminal justice

system” – Many old, poorly funded, understaffed,

employees underpaid, poorly trained – Low priority in local budgets

• Overcrowding still a problem

• Diversion to community-based programs can help contain jail population growth

Direct-Supervision Jails • Modular self-contained housing areas (pods) linked

to each other

• Eliminates many of the traditional barriers between inmates and staff

• Reduces inmate dissatisfaction, violence, likelihood of inmate victimization

• Higher staff morale, lower stress

• Less susceptible to inmate lawsuits

Jails and the Future (1 of 2)

• Jails receive relatively little attention from the media

• Have generally escaped public scrutiny

• National efforts are underway to improve the quality of jail life

Jails and the Future (2 of 2)

• Jail industries – Teach inmates marketable skills

• Regional jails – Built and run using the combined resources of a

variety of local jurisdictions

• State jail standards – Identify basic minimum conditions necessary for

inmate health and safety

Private Prisons (1 of 3)

• Privatization – Use of private rather than government-run

prisons – Movement began in early 1980s

• Private prisons – Held 7% of state and 18% of federal prisoners at

start of 2017 – Annual growth rate of private prison industry

around 35%

Private Prisons (2 of 3)

• States use private prisons to reduce overcrowding, lower operating expenses, avoid lawsuits targeted at state officials and employees

• Some studies show private prisons may not produce the cost savings that have been anticipated

Private Prisons (3 of 3)

• Barriers to privatization – Old state laws prohibiting private involvement in

correctional management – Strikes by private correctional officers – State’s liability will not transfer to private

corrections – Legal issues when states contract to hold

inmates outside their own jurisdiction

Criminal Justice: A Brief Introduction
A Brief History of Prisons (1 of 6)
A Brief History of Prisons (2 of 6)
A Brief History of Prisons (3 of 6)
A Brief History of Prisons (4 of 6)
A Brief History of Prisons (5 of 6)
A Brief History of Prisons (6 of 6)
Prisons Today (1 of 2)
Prisons Today (2 of 2)
Figure 11.2 State Prison Populations, 1925–2017
Figure 11.3 Rates of Imprisonment in the United States
Prisoners Today
Figure 11.4 State Prisoners by Gender and Type of Crime, 2016
Prison Issues
Overcrowding (1 of 3)
Overcrowding (2 of 3)
Overcrowding (3 of 3)
Slide 18
Security Levels (1 of 3)
Security Levels (2 of 3)
Security Levels (3 of 3)
Prison Classification Systems (1 of 2)
Prison Classification Systems (2 of 2)
The Federal Prison System (1 of 2)
The Federal Prison System (2 of 2)
Figure 11.6 Federal Bureau of Prisons Facility Locator
The Growth of Federal Prisons
Figure 11.7 Federal Prison Population by Offense, 2018
Recent Improvements
Jails (1 of 5)
Jails (2 of 5)
Jails (3 of 5)
Jails (4 of 5)
Jails (5 of 5)
Women and Jail (1 of 2)
Women and Jail (2 of 2)
The Growth of Jails
Direct-Supervision Jails
Jails and the Future (1 of 2)
Jails and the Future (2 of 2)
Private Prisons (1 of 3)
Private Prisons (2 of 3)
Private Prisons (3 of 3)
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