Which system was known as the "congregate and silent" system?

Chapter 1: An Evidence-Based Approach to Corrections

CHAPTER OVERVIEW The primary goal of this chapter is to introduce the evidence-based approach as a key concept in this book’s content and organization. This is done by first setting the corrections system in the context of the broader criminal justice system. As the focus turns to corrections specifically, a distinction is made between community-based corrections and institutional-based corrections. Because they will receive more complete coverage in later chapters, only brief comment is made about the U.S. incarceration rate and media’s influence on public opinion and correctional policy. The chapter concludes with an explanation of evidence-based practices and a description of criteria used to determine “what works.” CHAPTER LEARNING OUTCOMES

1. Describe how corrections is part of the criminal justice system that is dependent on decisions made earlier in the process by the police and the courts.

2. Compare and contrast both institutional and community-based corrections. 3. Explain the effect that rising incarceration rates between 1970 and 2010 had on racial and

economic disparity. 4. Analyze the relationships among mass media, public opinion, and the making of

correctional policy. 5. Characterize the meaning of evidence-based practice and explain how it can improve the

correctional system. LECTURE OUTLINE CORRECTIONS: AN INTEGRAL PART OF THE CRIMINAL JUSTICE SYSTEM

• Figure 1-1 shows the criminal justice system in a flow chart with the corrections system identified as the final part of the system. Police o The criminal justice process begins with the report to the police of a crime by a

victim or witness or, with the observation of a crime by the police. o After investigation, and depending on the seriousness of the offenses, the police may

issue a warning or a citation, or make an arrest. o Following an arrest or citation, the case moves to the courts. Pretrial/Courts o Prosecutors examine quality of evidence and determine whether to charge the suspect

with a crime or to dismiss the case. o When the decision is to charge the suspect, the person will enter a plea of guilty or

not guilty and go before a judge to be sentenced (when the plea is guilty) or to have a trial date set (when the plea is not guilty).

o Prosecutors may make plea offers to defendants that could encourage a guilty plea or that can result in a sentence recommendation that prosecution and defense feel is most appropriate given the facts of the case.

Preadjudication Diversion o Early in the court process, the judge may offer diversion or deferred adjudication to

misdemeanor or first-time felony defendants.

o Diversion (e.g., deferred probation supervision) allows defendants to be supervised in the community before pleading guilty. With successful completion of diversion, charges are dropped and there is no formal record of conviction.

o Defendants not qualifying for diversion may be offered a plea agreement wherein the defendant pleads guilty in return for a favorable sentence.

CORRECTIONS AS COMMUNITY-BASED OR INSTITUTIONAL

• Final case disposition lies with the judge who has available a continuum of sanctions from which to select the sentence.

• Figure 1-3 shows the continuum of sanctions as falling into either community-based or institutional.

Community Corrections o Sanctions that rely on resources available in the community are referred to as

community corrections. o Examples include probation and residential community corrections facilities. Institutional Corrections o Sanctions that require the offender to live in an institutional environment apart from

their friends and family are referred to as institutional corrections. o Examples include jail and prison.

INCARCERATION RATES • The United States has one of the highest incarceration rates in the world. • The war on drugs greatly increased the number of prisoners in the federal system. • Latinos and African-Americans are incarcerated disproportionately and this may be the

result of police targeting minorities for closer attention or possibly that minorities are more likely to engage in behavior for which incarceration is the appropriate sanction.

MEDIA INFLUENCE ON PUBLIC OPINION AND CORRECTIONAL POLICY

• Much of the public’s view about the criminal justice system is determined by the mass media.

• With their focus on maximum and supermaximum units, the media present a one- dimensional and incomplete picture of prison life.

Crime Control Policy o Affected by media influences and public opinion. o Fear of crime, whether based in fact or on selected media reports, may result in more

punitive crime policies that lead to more reliance on imprisonment. o Research suggests that the more punitive states tend to also have higher rates of

poverty, more persons who are African-American, lower percentage of voter turnout, and less generous welfare payments for impoverished persons.

Reflection: How has the media influenced your own views about crime and corrections? Can you come up with specific examples from television, movies, newspaper reports, and social media? What are some of the positive and negative aspects of media influence? EVIDENCE-BASED PRACTICES

• There is a need for responses to crime that are more cost-effective than imprisonment. • Using evidence-based practices (EBP) is one way to accomplish that goal.

• Figure 1-5 shows the two parts of EBP: Does it work? and Applying the techniques.

How to Determine What Works o Must rely on methodologically strong evaluations to identify programs that work, are

promising, or don’t work. o Practitioners will then use program elements that work and discard those that do not.

EBP Techniques o Meeting the six conditions for a rigorous study is difficult. o Programs are said to “work” when two or more studies show a significant difference

between treatment and control groups. o At least 12 states have implemented EBP for offender supervision.

ADDITIONAL MATERIALS

1. Get the most recent incarceration rate data from World Prison Brief at http://www.prisonstudies.org/map/europe . This very interesting and interactive site provides information about prison populations and prison rates throughout the world. Not only does it have interesting data for class lecture or discussion, it is also a good site for students to know about early in the term for any research papers that may be assigned.

2. ACLU report “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States” at https://www.aclu.org/report

3. Many of the book’s chapters use CrimeSolutions.gov as the source for information about evidence-based practices and programs. Go to the corrections and reentry section at https://www.crimesolutions.gov/TopicDetails.aspx?ID=2 and read

4. For more on “How to determine what works,” visit https://www.crimesolutions.gov/about_starttofinish.aspx and review steps used at this particular site for determining “what works.”

Chapter 2: Why Do We Punish?

CHAPTER OVERVIEW This chapter introduces five primary punishment philosophies or rationales and explains each in detail and under its own major heading. Review begins with deterrence—distinguishing specific and general. The importance of certainty, severity, and swiftness of punishment is highlighted to emphasize problems in effectively using deterrence as a punishment system. Incapacitation—both special and general—is reviewed with attention to its application through imprisonment but also in its contemporary use through technology. The various ways that rehabilitation has been implemented are noted with particular attention to its current use as part of reentry. Retribution as a punishment philosophy is distinguished from revenge and the importance of proportionality in punishment is emphasized. The chapter concludes with discussion of restorative justice and how it can be used during sentencing, in the community, and in prison. CHAPTER LEARNING OUTCOMES

1. Describe the five primary punishment philosophies. 2. Discuss the deterrence philosophy of punishment by understanding the effects of specific

and general deterrence. 3. Compare and contrast selective and general incapacitation. 4. Summarize rehabilitation’s development from a reclamation focus to a reentry emphasis. 5. Explain the keys ways in which retribution differs from revenge.

6. Describe how restorative justice principles are used in sentencing, during community supervision, and in prison.

LECTURE OUTLINE WHY DO WE PUNISH?

• What do we hope punishment will accomplish? Why is it important that we ask this question? We need to know the desired outcome in order to ensure the selected punishment is effective at achieving the desired result.

DETERRENCE

• This punishment philosophy seeks to prevent future offenses. Deterrence can be one of two types.

Specific Deterrence o Punishment is applied to an offender with the goal of discouraging that person from

misbehaving again.

General Deterrence o Punishment is applied to an offender so that others who are thinking about

committing a crime will decide not to in order to avoid being punished. INCAPACITATION

• This punishment philosophy also has two aspects: selective incapacitation and general incapacitation. Distinguish each (see Figure 2-3) and discuss in class the strengths and weaknesses of each.

Incapacitation Through Technology o Three types are discussed (see Figure 2-4): chemical treatment, critical organ surgery,

and electronic monitoring. REHABILITATION

• Rehabilitation is described as having progressed through four stages (see Figure 2-6), but its application as individualized treatment (Twentieth Century) and for purposes of reenty (Twenty-First Century) will be of most interest to students and should be highlighted in lecture.

• Include discussion of the iron law of imprisonment (i.e., essentially all prisoners will eventually return to free society) when discussing rehabilitation’s contemporary role.

RETRIBUTION • Retribution is a legitimate punishment philosophy, revenge less so (see Table 2-1).

Retribution is non-utilitarian aspect and is unique among the punishment philosophies in that it is applied simply because punishment is required of society when a crime has occurred. We punish because it’s the right thing to do… our moral obligation.

RESTORATION • This punishment philosophy provides a greater role for victim’s than do the other

rationales. Offender accountability is important, but so too are concerns for how best to reintegrate the offender into the community and to restore the balance that was upset by the crime.

Criticism of Restorative Justice o Restorative justice is criticized for bringing people into the justice system who might

otherwise have been handled informally outside the system (the problem of net widening) and for its potential to promote discrimination by perpetuating social inequities (e.g., subordinates may be pressured to accept less than they deserve because of the power discrepancy).

Chapter 3: Correctional Practices from Ancient to Contemporary Times

CHAPTER OVERVIEW A brief review of corrections from ancient times to colonial America begins Chapter three. Key points in those sections include the important themes of isolating prisoners and requiring prisoners to work. The first was reflected in the early hospice facilities and the latter in the houses of corrections. Those themes played a big role in Nineteenth century America as the merits of both the Pennsylvania and Auburn systems were debated. Sometimes prison development in other parts of the country are ignored when discussion concentrates on developments in Pennsylvania and New York, so the chapter spends time on what was occurring in the American South and West as well. The section on corrections in the Twentieth century highlights the role of progressivism and the importance of the medical model. The chapter concludes with contemporary public attitudes that seem to favor greater reliance on community-based sanctions and a decreased reliance on prisons. CHAPTER LEARNING OUTCOMES

1. Describe key features of the Code of Hammurabi, Mosaic Law, Roman law, and law during the Middle Ages.

2. Discuss the use of transportation to handle criminal offenders and identify the two important themes in the development of imprisonment as punishment.

3. Compare and contrast the Pennsylvania and Auburn prison systems in terms of their architecture, orienting strategies, and advantages/disadvantages.

4. Describe how men’s and women’s prisons differed during the reformatory movement of the nineteenth century.

5. Explain how penal systems in the South and West differed from those in the East and summarize reasons for those differences.

6. Summarize the development of prison programs and the treatment of women and other minorities during the early, middle, and late twentieth century.

7. Explain the effects of changing public opinion on the use of imprisonment and prison alternatives in the twenty-first century.

LECTURE OUTLINE CORRECTIONS IN THE ANCIENT AND MEDIEVAL WORLD

• The Code of Hammurabi introduces concept of lex talionis (the law of retaliation). • Under Mosaic Law the concept of lex talionis continues, but expands to include concept

of proportionality (i.e., punishment should be no more severe than the crime). • The Roman Twelve Tables provides legal base and punishment types for sophisticated

legal systems. • During the Middle Ages punishments moved away from capital punishment and by end

of the period was movement toward exhibitory punishment (e.g., stocks and pillories). CORRECTIONS IN SEVENTEENTH- AND EIGHTEENTH-CENTURY ENGLAND

Transportation o Remove criminal to place where can do no harm. o Used by England for economic purposes. o Became major component of British penal policy in 18th century. o Especially to American colonies and Australia. o Initial increase in women transportees to Australia was in part with a hope the

women would act as a moralizing influence, but that expected positive influence did not materialize.

Prisons Before the Prison o Long-term imprisonment as punishment fully occurs in 19th century. o Highlights two themes that continued to influence penal practice. o Isolation theme (Hospice facilities). o Work theme (Houses of correction).

Reflection: There are two important themes in the development of imprisonment (i.e., prisoners should be isolated and prisoners should work). Are they still appropriate today? If so, how can they be accomplished? CORRECTIONS IN EIGHTEENTH- AND NINETEENTH-CENTURY AMERICA

The Pennsylvania System o Implemented at Eastern State Penitentiary in Philadelphia. o Followed a “separate and silent” strategy. o Criticized as causing mental problems and unable to maintain either separation or

silence.

The Auburn System o Implemented at Auburn Prison in New York. o Followed a “congregate and silent” strategy. o Relied on factory-oriented labor rather than craft-oriented.

The Pennsylvania versus Auburn Debate o Pennsylvania system avoided cross-contamination through strict separation of

prisoners, had opportunities for meditation and repentance, made it easy to control prisoners.

o Auburn system was cheaper to construct and operate, provided better vocational training, and was less damaging to prisoner’s mental health.

The Reformatory Movement o Relied on a more humanitarian approach to confinement and an interest in preparing

inmates for eventual return to the community. o Differed from existing prisons by (1) using indeterminate sentences, (2) allowing

possibility of early release, (3) placing greater emphasis on reforming inmate, (4) providing more trade training, and (5) providing more academic education.

o First used in U.S. at Elmira Reformatory in Elmira, NY. SEGREGATING THE SEXES

• Prisons and reformatories specifically for women began operating in the 1870s. • Differed from prisons for men in architectural style (women’s prisons were built in a

cottage plan projecting a domestic atmosphere), goal (getting women to focus their attention and interests on their expected role in society, and programs (consistent with societal expectations of the time, programs emphasized domesticity).

• Also, differed in that women received long sentences, even for misdemeanors, on the assumption that the needed reform would take a long time.

• Final difference was in terms of racial bias since felons, many of whom were black, did not get much empathy from the middle-class (and essentially white) reformers. As a result, black women probably served sentence in the women’s (sometimes men’s) custodial prisons

PRISON DEVELOPMENT IN THE SOUTH AND WEST

Developments in the American South o The South found little advantage to building large prison facilities like those in the

North because of the Southern reliance on decentralization to local authorities rather than state, the absence of support from religious groups to corporal and capital punishment alternatives, and because the agricultural economy required workers to be spread over wide area rather than in a factory.

Developments in the American West o There were prisons similar to those in Northeast but overcrowding quickly became a

problem. o Some territories sent their criminals to others states rather than build own prison. o Successful prison systems did develop in states where there had been more openness

to what was happening in the Northeast. CORRECTIONS IN THE TWENTIETH CENTURY

• Events during this period were heavily influenced by the reform movement known as progressivism.

• Progressives viewed institutions of social control (e.g., prisons and reformatories) as misguided and argued instead that criminals and delinquents should be cured through individualized treatment programs.

• Criminal behavior was viewed as the result of sociological, psychological, and biological factors rather than the offender’s misdirected free will.

• Appropriate response was to diagnose and treat—the medical model. CORRECTIONS AT THE START OF THE TWENTY-FIRST CENTURY

• Continues many of the Twentieth century developments, but movement is toward less reliance on prison and more on the community.

Public Opinion o A meta-analysis of public opinion research over the previous 15 years show people

backing away from harsh sentencing policies and instead favoring rehabilitation, treatment, and support efforts.

o Treatment, job and educational training, housing assistance, and mental health or substance abuse services are viewed as vital to successful reentry.

o Although there is public support for offenders making an effort to change, the public also prefers that the process not affect them directly and hesitate to pay more taxes or to have a halfway house in their neighborhood.

o Persons of color perceive systemic racial disparities in policing, sentencing, and overall treatment by the criminal justice system, whereas white respondents acknowledge some disparity but are more likely to believe the system treats people of all races equally.

Reflection: A first-of-its-kind national survey finds that crime victims want shorter prison sentences, less spending on prisons, and more focus on rehabilitation. The report can be found here: https://www.allianceforsafetyandjustice.org/crimesurvivorsspeak/ As noted in the text, the general public supports similar changes. Are you surprised that crime victims and the general public agree on this topic? Why or why not?

Decreased Reliance on Prisons o U.S. prison population has been declining. o Reasons for the drop include state budget deficits forcing a reduction in the prison

population as way to save money, fewer prison admissions, the realization that taxpayers get better return on public safety dollars with prison alternatives, and the point that public opinion supports reform efforts.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES

1. The United Kingdom National Archives provides an interesting website at http://www.nationalarchives.gov.uk/records/looking-for-person/transportees.htm that has information on convict transportees to North America and to Australia.

2. Take a virtual tour of Eastern State Penitentiary by visiting: http://www.easternstate.org/explore/online-360-tour

Applied Sciences

Architecture and Design

Biology

Business & Finance

Chemistry

Computer Science

Geography

Geology

Education

Engineering

English

Environmental science

Spanish

Government

History

Human Resource Management

Information Systems

Law

Literature

Mathematics

Nursing

Physics

Political Science

Psychology

Reading

Science

Social Science

Home

Blog

Archive

Contact

google+twitterfacebook

Copyright © 2019 HomeworkMarket.com