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Criminal Justice: A Brief Introduction

Thirteenth Edition

Chapter 12

Prison Life

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Research on Prison Life: Total Institutions

Total institution

An enclosed facility socially and physically separated from society, where inhabitants share all aspects of their daily lives

Facilities (prisons, mental hospitals, seminaries, etc.) where residents are cut off from the larger society

Total institutions develop their own distinctive values and styles of life and pressure residents to fulfill rigidly prescribed behavioral roles

The Male Inmate’s World (1 of 2)

Two social realities coexist in prisons

The official structure of rules and procedures enforced by prison staff

The more informal inmate world controlled by the prison subculture

Prison subculture

The values and behavioral patterns characteristic of prison inmates

Surprisingly consistent across the country

The Male Inmate’s World (2 of 2)

Prisonization

The process whereby newly institutionalized offenders come to accept prison lifestyles and criminal values

Socialization turns new inmates into “cons”

Aspects of common inmate culture shared among different prisons

Prison argot (jargon)—terms used in one institution are generally understood in others

The Evolution of Prison Subcultures

Prison subcultures change constantly

Evolve to reflect the concerns and experiences of the wider culture

React to new crime-control strategies

Embrace novel opportunities for crime

The Functions of Prison Subcultures (1 of 2)

Deprivation model views prison subcultures as an adaptation to deprivation and confinement

Prisoners are deprived of:

Liberty

Goods and services

Heterosexual relationships

Autonomy

Personal security

The Functions of Prison Subcultures (2 of 2)

Importation model

Inmates bring with them values, roles, and behavior patterns from the outside world

The social structure of the prison is another element that shapes prison subculture

Prison Lifestyles and Inmate Types (1 of 2)

The mean dude

The hedonist

The opportunist

The retreatist

The legalist

Prison Lifestyles and Inmate Types (2 of 2)

The radical

The colonizer

The religious

The gangbanger

The realist

Homosexuality and Sexual Victimization in Prison (1 of 2)

Sexual behavior inside prisons is both constrained and encouraged by prison subculture

Prison homosexuality depends on the naiveté of young first-time inmates

Prison Rape Elimination Act (P R E A) mandates collection of statistics on prison rape

Homosexuality and Sexual Victimization in Prison (2 of 2)

Key observations about sexual violence in prison

Most sexual aggressors do not consider themselves homosexuals

Sexual release is not the primary motivation

Many aggressors must continue to participate in gang rapes to avoid becoming victims themselves

Aggressors have suffered damage to their masculinity in the past

Sexual assaults in prison leave psychological scars

The Female Inmate’s World (1 of 2)

Women account for 7% of all prison inmates, and the number of female inmates is rising

Growth rate for female imprisonment has outpaced men

Women in prison represent a population marginalized by race, class and gender

Black women overrepresented in correctional populations

Source: E. Ann Carson, Prisoners in 2016 (Washington, DC: Bureau of Justice Statistics, 2018).

The Female Inmate’s World (2 of 2)

Women face life circumstances that tend to be specific to their gender

Female inmates differ from male inmates regarding personal histories and pathways to crime

Women’s most common pathways to crime involve survival strategies resulting from physical and sexual abuse, poverty, and substance abuse

Figure 12.1 The Increase in Women’s Incarceration

Source: Historical Corrections Statistics in the United States, 1850–1984; Prison and Jail Inmates (Washington, DC: Bureau of Justice Statistics, 1986); and Prisoners in 2016 (Washington, DC: Bureau of Justice Statistics, 2018).

Table 12.1 National Profile of Female Offenders

A profile based on national data for female offenders reveals the following characteristics:

Disproportionately women of color

In their early to middle 30s

Most likely to have been convicted of a drug-related offense

From fragmented families that include other family members who also have been involved with the criminal justice system

Survivors of physical and/or sexual abuse as children and adults

Individuals with significant substance-abuse problems

Individuals with multiple physical and mental health problems

Unmarried mothers of minor children

Individuals with a high school or general equivalency diploma (G E D) but limited vocational training and sporadic work histories

Source: Table from “Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders, National Institute of Corrections” by Barbara Bloom; Barbara Owen; Stephanie Covington, Bureau of Justice Statistics.

Figure 12.2 Women State Prison Inmates: Features and Characteristics

Source: Bureau of Justice Statistics.

Figure 12.3 Offenses Committed by Men and Women in State Prisons

Source: E. Ann Carson, Prisoners in 2016, Bureau of Justice Statistics.

Sexual Victimization of Women Prisoners

Sexual victimization of women does not always end with their admission to prison

Alabama’s Julia Tutwiler Prison for Women

Rampant sexual abuse

Inmates routinely abused by prison staff

Figure 12.4 Women State Prison Inmates: Physical and Sexual Abuse History

Source: Lawrence A. Greenfeld and Tracy L. Snell, Women Offenders, 2000, Bureau of Justice Statistics.

Parents in Prison (1 of 3)

80% of women entering prison are mothers, 85% of them had custody at the time of admission

25% of women entering prison are pregnant or recently gave birth

Over 1.7 million American children (1 out of every 43 children) have a parent in prison

1 out of 111 white children

1 out of 15 black children

Source: Barbara Bloom, Barbara Owen, and Stephanie Covington, Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders (Washington, DC: National Institute of Corrections, 2003). Data in this paragraph come from L. E. Glaze and L. M.Maruschak, Parents in Prison and Their Minor Children (Washington, DC: Bureau of Justice Statistics, 2008).

Parents in Prison (2 of 3)

Over half the children of female prisoners never visit their mothers in prison

Reasons for lack of visits include

Remote locations of prisons

Lack of transportation

Inability of caregivers to arrange visitation

Source: B. Bloom and D. Steinhart, Why Punish the Children? A Reappraisal of the Children of Incarcerated Mothers in America (San Francisco: National Council on Crime and Delinquency, 1993).

Parents in Prison (3 of 3)

Trauma of parent in prison is similar to that of losing a parent to death or divorce

Separation is also a significant deprivation for many parents

Some states have parenting programs for female inmates with children

Gender-Responsiveness (1 of 2)

Involves understanding and taking account of the differences in characteristics and life experiences women and men bring to the criminal justice system

Adjusting strategies and practices in ways that appropriate respond to those conditions

Gender-Responsiveness (2 of 2)

N I C report recommendations

Create an effective system for female offenders structured differently from a system for male offenders

Develop gender-responsive policies and practices

Modify sanctions to recognize the low risk to public safety represented by the typical female offender

Consider women’s relationships, especially with children, in deciding appropriate sanctions

Source: Barbara Bloom and Stephanie Covington, “Gendered Justice: Programming for Women in Correctional Settings,” paper presented at the annual meeting of the American Society of Criminology, San Francisco, November 2000, p. 11.

Institutions for Women

Most located in small towns

Many not designed for female inmates

Some also house men

Few have programs designed for female inmates

Few major disturbances or escapes reported

Substance abuse among female inmates very high

Few work assignments available

Social Structure in Women’s Prisons (1 of 2)

Female prisoners are likely to be black or Hispanic, poor, uneducated, abuse survivors, single parents, in poor health

Female inmates construct organized pseudofamilies

Incarcerated women suffer intensely from loss of affectional relationships—form homosexual liaisons to compensate

Social Structure in Women’s Prisons (2 of 2)

Prison culture for women tied to

Roles they assume in free society

Other factors shaped by conditions of women’s lives in prison and in free world

Rate of inmate-on-inmate sexual victimization at least three times higher for females than for males

Sexual misconduct between staff and inmates more common in women’s prisons

Types of Female Inmates (1 of 2)

Square

Few early experiences with criminal lifestyles

Tend to sympathize with the values and attitudes of conventional society

Cool

More likely to be career offenders

Tend to keep to themselves, support inmate values

Types of Female Inmates (2 of 2)

Life

Familiar with lives of crime, had repeated arrests

Full participants in economic, social, and familial arrangements of the prison

Social structure recently altered by “crack kids”

Streetwise young women with little respect for traditional prison values, for their elders, or even their own children

Violence in Women’s Prisons (1 of 2)

Less frequent than in male prisons

Few lesbian liaisons are forced

Sexual violence may be a form of revenge for those who vocally condemn lesbian practices among inmates

Violence in Women’s Prisons (2 of 2)

Task Force on the Female Offender recommendations

Substance abuse programs for female inmates

Literacy programs

House female offenders in buildings without male inmates

Programs for keeping children in the facility

Build institutions to accommodate programs for female offenders

The Staff World (1 of 2)

Approximately 785,000 people employed in corrections

Majority are correctional officers who perform direct custodial tasks

70% are white, 22% black, 5% Hispanic

20% of corrections officers are female

Corrections officers are at the bottom of the staff hierarchy

Source: Tracey Kyckelhahn, Justice Expenditure and Employment Extracts, 2012 – Preliminary, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5239 (accessed September 11, 2018). American Correctional Association, “Correctional Officers in Adult Systems,” in Vital Statistics in Corrections (Laurel, MD: ACA, 2000).

The Staff World (2 of 2)

Corrections officers are socialized into the prison work world

Formative influence on staff culture is the potential threat that inmates pose

Prison staffers most concerned with custody and control

The Professionalization of Corrections Officers

Correctional officers traditionally have low occupational status

Are becoming better trained and more proficient

American Correctional Association code of ethics

Psychological screening of candidates

Training programs

Security Threat Groups and Prison Riots (1 of 2)

1970–1980—the “explosive decade” of prison riots

Riots decreased after this point but did continue

Riots are difficult to predict in specific institutions but some state prison systems appear ripe for disorder

Security Threat Groups and Prison Riots (2 of 2)

Security threat groups (S T G)

An inmate group, gang, or organization whose members act together to pose a threat to the safety of corrections staff or the public, who prey on other inmates, or who threaten the secure and orderly operation of a correctional institution

Turf violations among S T G s can lead to widespread disorder

Reach extends far beyond prison walls

Prisoners’ Rights

Hands-off doctrine

Nonintervention policy regarding prison management that courts tended to follow until the late 1960s

Based on belief that defendants suffer civil death upon conviction, losing most of their rights

Ended in 1970 when a federal court declared the entire Arkansas prison system unconstitutional

The Legal Basis of Prisoners’ Rights (1 of 2)

Balancing Test (Pell v. Procunier, 1974)

Weighs rights of individual against the state’s authority to make laws or otherwise restrict a person’s freedom to protect the state’s interest and its citizens

Question of individual rights vs. public order

The Legal Basis of Prisoners’ Rights (2 of 2)

Inmate rights are conditional because they are constrained by legitimate needs of imprisonment

Difference between rights and privileges is that privileges can be revoked at any time for any reason

Rights have basis in Constitution and law and cannot be infringed without good cause

Most prisoner lawsuits are based on 8th and 14th Amendment issues

Grievance Procedures (1 of 2)

Grievance procedure

A formal process through which an inmate can file a complaint with local authorities and receive a mandated response

Sanctions may not be levied against inmates without due process (Wolff v. McDonnell)

Grievance Procedures (2 of 2)

Inmates going before disciplinary boards are entitled to

notice of the charges brought against them

chance to organize a defense

impartial hearing

opportunity to present witnesses and evidence in their behalf

A Return to the Hands-Off Doctrine?

Deliberate indifference

A wanton disregard by corrections personnel for the well-being of inmates

Requires knowledge that harm is occurring and disregard of risk of harm

Wilson v. Seiter (1991)—8th Amendment inmate challenges to prison conditions must show deliberate indifference before the court will hear the complaint

A Return to the Hands-Off Doctrine? Cases

Sandin v. Conner (1995)

Wolff v. McDonnell (1974)

Hewitt v. Helms (1983)

Ali v. Federal Bureau of Prisons (2008)

Millbrook v. U.S. (2013)

Howes v. Fields and Florence v. Burlington County (2012)

The Prison Litigation Reform Act of 1996

Legislative effort to restrict inmate lawsuits to worthwhile cases and reduce the number of suits brought by state prisoners in federal courts

P L R A has been effective in reducing the number of frivolous lawsuits filed by inmates alleging unconstitutional prison conditions

Opponents fear it stifles filing of meritorious suits by inmates facing real deprivations

Geriatric Offenders (1 of 3)

Crimes by the elderly declining

Expansion of elder population has led to increase in the number of elderly people in prison

Currently 161,839 prisoners age 55+

By 2030, will be over 400,000

Fastest-growing segment of the inmate population

Geriatric Offenders (2 of 3)

Causes of “graying” prison population

General aging of U.S. population reflected inside prisons

New sentencing policies that send more criminals to prison for longer terms

Massive prison-building boom in the 1980s and 1990s

Significant changes in parole philosophies and practices

Geriatric Offenders (3 of 3)

Geriatric offenders have special needs—tend to suffer from physical disabilities, illnesses that prisons are rarely equipped to deal adequately with

Incarcerating the elderly is costly and may be counterproductive

Need rehabilitation programs geared for older inmates

Mentally Ill and Intellectually Disabled Inmates (1 of 3)

A substantial number of inmates have significant mental illnesses

Higher rate of incarceration for violent and sex offenses

Study found 40% receive no treatment

Number of inmates with severe mental illness 10 times greater than people being treated in state psychiatric hospitals

Source: Stephanie Mencimer, “There Are 10 Times More Mentally Ill People Behind Bars Than in State Hospitals,” Mother Jones, April 8, 2014.

Mentally Ill and Intellectually Disabled Inmates (2 of 3)

Few state correctional institutions have any substantial capacity for in-depth psychiatric treatment of inmates with serious mental illnesses

Some states do operate facilities specializing in psychiatric confinement of convicted criminals

Mentally ill inmates can be required to take antipsychotic drugs against their wishes

Mentally Ill and Intellectually Disabled Inmates (3 of 3)

About 10% of inmates have intellectual disabilities

Inmates with low I Q s

Less likely to successfully complete training and rehabilitative programs

Have difficulty adjusting to prison life

Likely to serve longer portion of sentence

Few special facilities or programs for these inmates—most inmates mainstreamed

Source: Robert O. Lampert, “The Mentally Retarded Offender in Prison,” Justice Professional, Vol. 2, No. 1 (spring 1987), p. 61.

Figure 12.5 Federal Prisoners with and without Serious Mental Illness

Source: Government Accounting Office, Federal Prisons: Information on Inmates with Serious Mental Illness and Strategies to Reduce Recidivism (Washington, DC: GAO, 2018), p. 13.

Terrorism (1 of 2)

Corrections personnel can assist antiterrorist efforts through intelligence gathering and sharing

Administrators must be concerned about potential impact of outside terrorist attack on inmate/staff population in prison facility

Bioterrorism a key concern

Terrorism (2 of 2)

Threat of terrorist attack by inmates in prison

Inmates vulnerable to recruitment by terrorist organizations

B O P practices

Tracks/monitors inmates with known or suspected terrorist ties

Trains staff to recognize terrorist-related activity

criminal justices

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