Perspectives on ethics and morality

Perspectives on Ethics and Morality in Criminal Justice

CHAPTER 12: Discretion and Dilemmas in Corrections

Correctional Professionals

Correctional officers and supervisors

Treatment professionals (e.g., educators, counselors, psychologists, and others)

Bo Robinson Halfway House Trenton, NY (2012)

As large as a prison, it is intended to help inmates reintegrate into society, but The NY

Times found that drugs, gangs and sexual abuse were rife behind its walls.

During a 10-month investigation of NJ’s system of state-regulated halfway houses, the

NY Times put together a portrait of life in Bo Robinson from dozens of interviews with

inmates and workers and a review of hundreds of pages of internal reports, court filings

and state records.

Inmates are housed in barracks-style rooms, not cells. At night, one or two low-wage

workers typically oversee each unit of 170 inmates. Outnumbered and fearful, these

workers sometimes refuse to patrol the corridors.

Inmates regularly ask to be returned to prison, where they feel safer.

Reflection: Read article - http://www.nytimes.com/2012/06/18/nyregion/at-bo-robinson-

a-halfway-house-in-new-jersey-bedlam-reigns.html?pagewanted=all

How does a facility degrade to this degree?

What needs to happen in terms of staff to get the facility back on track—or has

irreparable damage already been sustained?

Discuss the leadership and culture of the facility, as well as systemic ethical issues and

criminal violations of staff?

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.

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

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

Relationships with Inmates

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.

Reflection: 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?

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

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.

Inmate John Edwards Charlotte Penitentiary (1997)

An HIV positive inmate killed his ex-wife and her companion, and subsequently went to

prison, where he bit a corrections officer.

Upon transfer to the Charlotte Prison in Florida, he was beaten by numerous guards for

extended periods of time, and denied appropriate medical treatment.

As a result of the abuse, Edwards attempted suicide by cutting his wrists. He was then

moved to a psychiatric ward and shackled.

Edwards ultimately bled to death over a 12 hour period.

10 people arrested, 14 people lost their jobs, 3 told the truth and received probation and

community service. The 7 who denied everything were acquitted.

Jurors allegedly celebrated with officers after the verdict.

Reflection: See article -

http://news.google.com/newspapers?nid=1320&dat=19980711&id=cEdWAAAAIBAJ&sji

d=MusDAAAAIBAJ&pg=1597,2397238

What does this case say about the guards, medical staff, and jurors involved? What

about the safety of prisoners? What if your child was incarcerated in this facility?

Discuss the culture of an institution where these actions occur.

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.

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 they are being used more for social control than

treatment.

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

Medical Experiments on Prisoners

40-80 years ago, experiments were conducted on prison inmates

Hepatitis was given to mental patients in Connecticut, a pandemic flu virus was squirted

up the noses of prisoners in Maryland, and cancer cells were injected into chronically ill

people at a New York hospital.

Researchers uncovered 40 ethically dubious experiments by combing through medical

journals and news reports from that time frame.

The test subjects were often referred to as “volunteers. “ A few of the studies indicated

that test subjects were incapacitated.

In one study in Brooklyn in the early 1960s, the “volunteers” didn't know they were being

injected with cancer cells.

Reflection: Read article - http://www.pbs.org/newshour/rundown/2011/02/medical-

slideshow-code.html

What are the legal and ethical issues in using humans as “guinea pigs.”

Do you believe these types of experiments occur today?

Think about the Tuskeegee Syphilis study (allowing individuals to deteriorate as a result

of syphilis, even though there were medications that could have saved them).

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 it was 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