TEST BANK for Corrections in America: An Introduction15th Edn by Harry Allen, Edward Latessa & Bruce

Contents To the Instructor

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Course Syllabi 10-Week Course Syllabus 16-Week Syllabus

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Chapters PART I: HISTORICAL PERSPECTIVES 1 2 3 4

Early History (2000 B.C. to A.D. 1800) Prisons (1800 to the Present) Correctional Ideologies: The Pendulum Swings The Sentencing and Appeals Process

1 8 14 20

PART II: ALTERNATIVES TO IMPRISONMENT 5 6

Probation Diversion and Intermediate Sanctions

26 33

PART III: INSTITUTIONAL CORRECTIONS 7 8 9 10 11 12 13 14

Custody Functions Security Threat Groups and Prison Gangs Management and Treatment Functions Jails and Detention Facilities Prison Systems Private-Sector Systems The Death Penalty Parole and Reentry

40 48 53 59 66 72 79 85

PART IV: CORRECTIONAL CLIENTS 15 16 17 18 19 Test Bank

Appeals and Offender Rights Male Offenders Female Offenders Juvenile Offenders and Facilities Special-Category Offenders

93 103 109 116 127 136

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To the Instructor The adoption of a textbook is always a major decision. The authors thank you for choosing the Fifteenth edition of Corrections in America: An Introduction to use in your course. We are confident that this revamped and improved edition will meet all your needs in providing timely and comprehensive information in this rapidly changing sector of the criminal justice system. In conjunction with your expertise, the text will provide your students with a solid foundation in the exciting field of corrections.

The Instructor’s Manual has been carefully designed to assist you, the faculty, in presenting the material contained in the text by adding new features to make classes and lectures more interesting, effective, and “instructor friendly.” Here is a list of features: •

Suggested Course Syllabus for ten-and sixteen-week courses

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Chapter Overview

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Chapter Objectives

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Lecture Outline

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Video Suggestions

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Types of Guest Lecturers

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Sources of Additional Information Resources

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Lecture Notes

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Class Activities

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Thematic Questions

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Homework

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Review Question Answers

These above-mentioned items, along with the pedagogical features contained in the main text, can be combined to construct quizzes, midterm examinations, and comprehensive examinations. They can be mixed together in unlimited combinations by using the Test Bank, which accompanies this book.

Thus, this Instructor’s Manual provides you with efficient and effective means for management of your lectures (classroom or online), ensuring that key points are being learned, and maximizing effective student interaction. The authors always welcome your comments and recommendations for improvement of future editions.

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Syllabi

10-WEEK SYLLABUS

University _______________________ Department of Justice Administration _________Quarter, 20____-20____

INTRODUCTION TO CORRECTIONS Instructor: __________ Office Hours: __________ Section 01: __________ Section 02: __________

Phone: __________ Email: __________ Office: __________

INTRODUCTION A multidisciplinary study of corrections from the early 1800's to the present.

Significant studies relating to the role of corrections and the methods of community treatment, and analysis of current model and practices. Three units.

This course focuses on the roles of corrections of offenders and society. It starts with an historical and philosophical view of the development of corrections (postadjudication processing of criminal offenders) focusing on adult offenders. Later topics include administrative and operational components of corrections, criminals in confinement, post-adjudication procedures and problems, and community corrections.

OBJECTIVES There are six objectives of this course, representing what students can reasonable expect to achieve, assuming active study and participation.

1. Comprehend the relationship between society and the offender.

2. Understand the philosophical bases by which offenders are treated.

3. Comprehend the broader forces at work in institutional and community corrections.

4. Differentiate between corrections of misdemeanants and felons.

5. Understand the current correctional systems in the nation.

6. Understand the historical development of corrections in America. v

INSTRUCTOR’S EXPECTATIONS OF STUDENTS 1. Attend class regularly.

2. Read assignments before coming to class.

3. Participate in discussions.

4. Complete all assignments on time.

TEXTBOOK a) Allen, Latessa and Ponder. CORRECTIONS IN AMERICA: An Introduction, 15/e. ISBN-10: 0-13-476258-4. Prentice Hall

GRADING There will be three examinations. Each examination will contain multiple-choice, matching, and true-false questions. The final will contain only multiple-choice and truefalse questions. Each examination will count for 1/3 of your grade.

NOTE TO INSTRUCTOR: A Final Report (Term Paper) may also be required.

Course Schedule

IN ADDITION TO THE ASSIGNMENTS BELOW, PLEASE REVIEW THE POWERPOINTS THAT ACCOMPANY EACH CHAPTER HISTORICAL PERSPECTIVES

1. Week One Assignments: Early History (2000 B.C. to A.D. 1800) Prisons (1800 to the Present)

Read Chapters 1 & 2

2. Week Two Assignments: Correctional Ideologies: The Pendulum Swings The Sentencing and Appeals Process

Read Chapters 3 & 4

ALTERNATIVES TO IMPRISONMENT

3. Week Three Assignments: Read Chapters 5 & 6 Probation Diversion and Intermediate Sanctions NOTE: The first examination will be in week four, date TBA. The examination material will cover chapters 1-6 of the textbook.

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INSITUTIONAL CORRECTIONS 4. Week Four Assignments: Custody Functions Security Threat Groups and Prison Gangs

Read Chapters 7 & 8

5. Week Five Assignments: Management and Treatment Functions Jails and Detention Facilities

Read Chapters 9 & 10

6. Week Six Assignments: Prison Systems Private-Sector Systems

Read Chapters 11 & 12

7. Week Seven Assignments: The Death Penalty Parole and Reentry

Read Chapters 13 & 14

NOTE: The second examination will be in week seven, date TBA. The examination material will cover chapters 7-14 of the textbook.

CORRECTIONAL CLIENTS

8. Week Eight Assignments: Appeals and Offender Rights Male Offenders Delivery of Term Paper

Read Chapters 15 & 16

9. Week Nine Assignments: Female Offenders Juvenile Offenders and Facilities

Read Chapters 17 & 18

10. Week Ten Assignments: Special-Category Offender

Read Chapter 19

NOTE: The third examination will be in week ten, date TBA. The examination material will cover chapters 14-19 of the textbook.

FINAL EXAMINATION: Date and Time TBA

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SUGGESTED COURSE SYLLABUS

16-WEEK SYLLABUS

University _______________________ Department of Justice Administration FALL_______SPRING______SUMMER______, 20____-20____

INTRODUCTION TO CORRECTIONS Professor: __________ Office Hours: __________ Section 01: __________ Section 02: __________

Phone: __________ Email: __________ Office: __________

INTRODUCTION A multidisciplinary study of corrections from the early 1800’s to the present.

Significant studies relating to the role of corrections and the methods of community treatment and analysis of current model and practices. Three units.

This course focuses on the roles of corrections of offenders and society. It starts with an historical and philosophical view of the development of corrections (postadjudication processing of criminal offenders) focusing on adult offenders. Later topics include administrative and operational components of corrections, criminals in confinement, post-adjudication procedures and problems, and community corrections.

OBJECTIVES There are six objectives of this course, representing what students can reasonable expect to achieve, assuming active study and participation.

1. Comprehend the relationship between society and the offender.

2. Understand the philosophical bases by which offenders are treated.

3. Comprehend the broader forces at work in institutional and community corrections.

4. Differentiate between corrections of misdemeanants and felons.

5. Understand the current correctional systems in the nation.

6. Understand the historical development of corrections in America.

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INSTRUCTOR'S EXPECTATIONS OF STUDENTS 1. Attend class regularly.

2. Read assignments before coming to class.

3. Participate in discussions.

4. Complete all assignments of time.

TEXTBOOK a) Allen, Latessa and Ponder. CORRECTIONS IN AMERICA: An Introduction, (15th Edition, 2019). ISBN-10: 0-13-476258-4. Prentice Hall.

GRADING There will be three examinations. Each midterm will contain multiple-choice, matching, and true-false questions. The final will contain only multiple-choice and truefalse questions. Each examination will count for 1/3 of your grade.

OPTIONAL: A Final Report (Term Paper) may also be required.

COURSE SCHEDULE

IN ADDITION TO THE ASSIGNMENTS BELOW, PLEASE REVIEW THE POWERPOINTS THAT ACCOMPANY EACH CHAPTER PART 1: HISTORICAL PERSPECTIVES 1. Week One Assignments Early History (2000 B.C. to A.D. 1800)

Read Chapter 1

2. Week Two Assignments: Prisons (1800 to the Present) Correctional Ideologies: the Pendulum Swings

Read Chapters 2 & 3

3. Week Three Assignments: The Sentencing and Appeals Process

Read Chapter 4

PART 2: ALTERNATIVES TO IMPRISONMENT 4. Week Four Assignments: Read Chapter 5 Probation 5. Week Five Assignments Diversion and Intermediate Sanctions

Read Chapter 6

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NOTE: The first examination will be in week six, date TBA. The examination material will cover chapters 1-6 of the textbook.

PART 3: INSITUTIONAL CORRECTIONS 6. Week Six Assignments: Custody Function Security Threat Groups and Prison Gangs

Read Chapters 7 & 8

Midterm Examination Date and Time TBA 7. Week Seven Assignments: Management and Treatment Functions Jails and Detention Facilities

Read Chapter 9 & 10

8. Week Eight Assignments: Prison Systems Private-Sector Systems

Read Chapter 11 & 12

9. Week Nine Assignments: *The Death Penalty

Read Chapter 13

*Class Discussion: Pros and cons of the Death Penalty. All students are expected to be prepared and participate in this class discussion 10. Week Ten Assignments: Parole and Reentry

Read Chapter 14

NOTE: The second examination will be in week eleven, date TBA. The examination material will cover chapters 7-14 of the textbook.

CORRECTIONAL CLIENTS 12. Week Twelve Assignments: Appeals and Offender Rights

Read Chapter 15

13. Week Thirteen Assignments: Male Offenders

Read Chapter 16

14. Week Fourteen Assignments: Female Offenders Delivery of Term Paper

Read Chapter 17

15. Week Fifteen Assignments: Juvenile Offenders and Facilities Special-Category Offenders

Read Chapters 18 & 19

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NOTE: The third examination will be in week sixteen, date TBA. The examination material will cover chapters 15-19 of the textbook.

Final Examination: TBA

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CHAPTER 1 EARLY HISTORY (2000 B.C. TO A.D. 1800) CHAPTER OVERVIEW • A crucial question in corrections is, “Who are offenders and what shall we do with them?” Part 1 deals with the process by which punishment originated as a private matter between an offending party and the victim but later came to be an official state function. Significant changes over time are examined, starting with 2000 B.C. and continuing through contemporary efforts to construct places of punishment and reform. Behind each of the four major answers to the crucial question lay assumptions about the nature of offenders and what to do with them.

Part 1 details these perceptions, assumptions, and answers, as well as corresponding correctional practices and fads that have emerged during the last 4,000 years.

CHAPTER OBJECTIVES • Summarize the definition, mission, and role of corrections.

• Summarize early responses to crime prior to the development of prisons.

• Describe how secular law emerged.

• Summarize sentencing goals and primary punishment philosophies from 1800 to present.

• Outline the development of the prison.

LECTURE OUTLINE • What is the Role of Corrections? o Significant changes since 2000 B.C. o Currently, the role of corrections is to punish serious offenders, rehabilitate criminals, ensure public safety, and prepare offenders for return to society as law-abiding citizens • Redress of Wrongs o Retaliation § The earliest remedy for wrongs done to one’s person or property was to retaliate against the wrongdoer. o Fines and Punishment § Criminal law requires an element of public action against the wrongdoer • Early Codes o Babylonian and Sumerian Codes § The concept of lex talionis is far older than the Bible; it appears in the Sumerian codes (1860 B.C.) and in the 1750 B.C. code of King Hammurabi of Babylon § While most historians view the Hammurabic Code as the first comprehensive attempt at codifying social interaction, the Sumerian codes preceded it by about a century o Crime and Sin 1

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If society believed the crime might have offended a divinity, the accused had to undergo a long period of progressively harsher punishment to appease the gods. § Offenders had to “get right with God.” o Roman and Greek Codes § In the sixth century A.D., Emperor Justinian of Rome wrote his code of laws, one of the most ambitious early efforts to match a desirable amount of punishment with all possible crimes. § The Greeks were the first society to allow any of their citizens to prosecute an offender in the name of the injured party. o The Middle Ages § The Middle Ages was a long period of general social disorder. § The church expanded the concept of crime to include some new areas, still reflected in modern codes. § The zealous movement to stamp out heresy brought on the Inquisition and its use of the most vicious tortures imaginable to gain “confessions” and “repentance” from alleged heretics. § The main contribution of the medieval church to our study of corrections is the concept of free will.

Punishment o Capital and Corporal Punishment § The most common forms of state punishment over the centuries have been death, torture, mutilation, branding, public humiliation, fines, forfeiture of property, banishment, imprisonment, and transportation. § Torture, mutilation, and branding fall in the general category of corporal punishment (any physical pain inflicted short of death). § The public humiliation of offenders was a popular practice in early America, utilizing such devices as the stocks, the pillory, ducking stools, the brank, and branding. o Deterrence § The extensive use of capital and corporal punishment during the Middle Ages reflected, in part, a belief that public punishment would deter potential wrongdoers. § In more recent years, deterrence has been reconceived as general and specific deterrence. o Emergence of Secular Law § In the early fourteenth century, many scholars advocated the independence of the monarchy from the pope. § The early background of law and punishment points up the significance of social revenge as a justification for individual or societal punishment against an offender. o Early Prisons § Some form of detention for offenders, whether temporary or permanent, has been a social institution from the earliest times. § The only early Roman place of confinement we know much about 2

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is the Mamertine Prison, a vast system of primitive cells built under the main sewer of Rome. o Workhouses § Bridewell, a workhouse, was created for the employment and housing of London’s “riffraff” in 1557 and was based on the work ethic that followed the breakup of feudalism and the increased migration of the rural populations to urban areas. § Workhouses did not typify the places of confinement used for minor offenders and other prisoners in the seventeenth and eighteenth centuries.

The Age of Enlightenment and Reform o Montesquieu and Voltaire: The French Humanists § The French philosophical thinkers Montesquieu (1689–1755) and Voltaire (1694–1778) epitomized the Age of Enlightenment’s concern for the rights of humanity § The humanitarian efforts of those men paralleled the work of the most influential criminal law reformer of the era, Cesare Beccaria (1738–1794), founder of the Classical School. o Bentham and the Hedonistic Calculus § Jeremy Bentham (1748–1832) was the leading reformer of the British criminal law system during the late eighteenth and early nineteenth centuries. § Asserting that the main objective of an intelligent person is to achieve the most pleasure while experiencing the least amount of pain, he developed his famous “hedonistic calculus.” o John Howard § John Howard (1726–1790) gave little thought to prisons or prison reform until he was appointed sheriff of Bedfordshire in 1773. § In 1777, he described those conditions and suggested reforms in his State of Prisons. § Teaching Tip: Invite a representative from the John Howard Society as a guest lecturer o Teaching Tip: Show the video “Let the Doors Be Made of Iron.”

Princeton, NJ. Films for the Humanities and Science (800) 257–5126 Houses of Corrections, Workhouses, and Gaols o The proliferation of Bridewell-style houses of correction in England was originally intended as a humanitarian move. o The workhouse was actually intended not as a penal institution but as a place for the training and care of the poor. o The use of gaols (“jails”) to detain prisoners has a grim and unsavory history. o Teaching Tip: Show the video “The History of American Corrections.”

American Correctional Association Transportation System o Deportation to the American Colonies and Australia § As economic conditions worsened, the number of imprisonable 3

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crimes increased to the point that the available prisons were filled.

In England, from 1596 to 1776, the pressure was partially relieved by the deportation or transportation of malefactors to the colonies in America. § The American Revolution brought transportation to America to an abrupt halt in 1776. § Captain James Cook had discovered Australia in 1770, and soon the system of transportation was transferred to that continent. o Hulks: A Sordid Episode § The immediate solution to the problem of increased prisoner loads was the use of old hulks, abandoned or unusable transport ships anchored in rivers and harbors throughout the British Isles, to confine criminal offenders.

Early Cellular Prisons o The Maison de Force at Ghent and the Hospice of San Michele § Maison de Force was a Belgian workhouse for beggars and miscreants, designed to make a profit by an enforced pattern of hard work and both discipline and silence. § The Hospice of San Michele was a corrections facility designed for incorrigible boys and youth that included silence, large work areas, and separate sleeping cells. Both expiation and reform were intended goals. o William Penn and the “Great Law” § William Penn (1644–1718), the founder of Pennsylvania and leader of the Quakers, brought the concept of more humanitarian treatment of offenders to America. o The Walnut Street Jail § The Walnut Street Jail was the first true correctional institution in America. § The Pennsylvania legislature declared a wing of the Walnut Street Jail a penitentiary house for all convicted felons except those sentenced to death. o Teaching Tip: Invite a representative from the Society of Friends (Quaker) and/or the Salvation Army as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • No significant changes to this chapter ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain the Inquisition. Ask students which issues led church leaders to initiate and then maintain this institution. Did the Inquisition achieve the intended goals?

Why or why not?

2. Explain how corporal punishment has evolved through the years. Does the United States still use various forms of corporal punishment?

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3. Use the PowerPoint presentation to show the rack, cage, and pincher as examples of corporal punishment. Ask students to use the Internet to research the torture instrument known as the “pear.”

4. Ask students how crime and sin are related? Are all sins considered a crime? If not, ask students which sins are not crimes.

5. Explain the forces that led to the development of the Age of Enlightenment and the Classical School of Criminology. Stress Beccaria’s leadership in sparking intellectual fervor over the role of punishment.

6. Describe the typical gaol/jail of the seventeenth century. Describe what efforts John Howard employed to improve the conditions of his jail.

7. Ask students how residents of gaols were able to eat when incarcerated. Explain the fee system, and ask how it would be possible to eat without visible means of support or relatives or friends.

8. Explain the role of the Quakers in the establishment of the penitentiary and their role in the contributions of religion to the field of corrections. Ask students to identify other religious groups that have made such contributions. Ask if “faithbased” programs in prison are effective in reducing recidivism. If the consensus is “yes,” ask how that could happen (what are the theoretical bases of this program, and how do they lead to reduced recidivism)?

9. Explain banishment as a punishment and transportation as a national policy of managing the problem of high volume crime. Ask students if drug abusers should be disabled by incarceration.

10. Explain the term Bridewell. Ask student why Bridewells or workhouses were created in English society.

Class Activities 1. Emphasize prisons in most states are running at full capacity. Ask students to explain the causes of overcrowding. What could be done to lessen the overcrowding? If students argue prisons should be overcrowded, ask them what impact overcrowding has on the correctional staff that has to manage and contain prisoners.

2. Ask students what “salvaging redeemable offenders” means. You can also ask if they believe a notorious offender in your state is redeemable. Perhaps use an example of a convicted serial killer. Ask what would be needed to redeem this particular offender. If students argue the offender is not redeemable, ask what qualities the offender exhibits leading them to believe the individual is not redeemable.

3. One of the major contributions of the Christian church was the concept of “getting right with God.” Ask how this principle would contribute to the development of places in which offenders could repent. Should institutions encourage offenders to repent? Why or why not?

4. Ask students about the Hatfield-McCoy feud and whether it is an example of retaliation. If they seem unaware of historical issues, ask if there are any local gangs that are feuding. What forms can the feud take? How can it be ended and would it end if all parties are sent to jail or prison?

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5. Ask students to trace all of the early codes and to discuss their progression through the Middle Ages.

6. Ask students what should be done to members of one gang that shoot and kill a member of another gang. If the shooters are sent to prison, could they expect to live very long? If the consensus is “no,” ask what prison administrators should do to prevent retaliation in prison.

7. Ask students if they know the term “caning”. Is it a form of corporal punishment?

Would it be preferable for thieves to be caned rather than cutting off their hands?

Assign students to use the Internet to examine “caning” and “corporal punishment” in Singapore and Saudi Arabia. Do these countries form of punishment reduce crime?

8. Explain Lex Talionis and ask students if they believe offenders who purposely kill ought to be executed through capital punishment. If they argue for execution, ask what positive advantages does capital punishment create?

9. Ask students to define the contributions of Cesare Beccaria, Jeremy Bentham, and John Howard. Ask students how they came to be seen as the “Big Three” of early penal reform.

10. Ask students to describe the jails and prisons of the eighteenth century. Then ask why they were in such rotten conditions. Why do conditions in jails and prisons tend to deteriorate over time?

11. Divide the class into two groups, and assign each side 15 minutes to organize an answer to the question: If transportation meant you were taken to a military camp in another country so you could not coordinate attacks on the victorious opponent, what could you expect in terms of treatment?

12. Ask the students to argue for free will in criminal offending. If there is consensus favoring free will, ask how the drug abuser exercises free will after becoming addicted.

Thematic Questions 1. Using the gaol as an example, discuss how the perceptions of the nature of offenders changed between the seventeenth and eighteenth centuries.

2. Using the question of “who are offenders and what should be done with them,” show how the conception of criminal offenders changed since the initiation of Hammurabi’s Code.

Instruct the students to read Homework 1. Instruct the students to write a two-three paragraph essay describing the conditions of early jails and prisons.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The practice of retaliation usually begins to develop into a system of criminal law when it becomes customary for the victim of the wrongdoing to accept money or property in place of blood vengeance.

2. As time passed and the secular leaders (kings and other types of monarchs) became more powerful, they wanted to detach themselves from the divine legal 6

order and its restrictions on their power.

3. Exile, was the first punishment imposed by society, 4. Penal servitude, or civil death, meant that the offender’s property was confiscated in the name of the state and that his wife was declared a widow, eligible to remarry. To society, the criminal sentenced to penal servitude was, in effect, “dead.”

5. Free will assumes that individuals choose their actions, good or bad, and thus can be held fully responsible for them.

6. Forms of punishment include corporal punishment, banishment, death, fines, and incarceration.

7. Public punishment would deter potential wrongdoers from future crimes.

8. Unfortunately, little is known about this form of imprisonment. Most places of confinement were basically cages. Later, s tone quarries and similar places designed for other purposes were used to house prisoners. The only early Roman place of confinement we know much about is the Mamertine Prison, a vast system of primitive cells built under the main sewer of Rome in 64 B.C.E. 9. Laws were originally based on Quarter Great Laws.

10. The best-known work of Beccaria is An Essay on Crimes and Punishment, a primary influence in the transition from punishment to corrections. Beccaria later become founder of the Classical School of Criminology.

11. Secure and sanitary structures, systematic inspection, abolition of fees, and a reformatory regime 12. Reforms include Montesquieu, Voltaire, Beccaria, Bentham, Howard, and Penn.

13. The correctional field is a dynamic field is undergoing rapid, mind-boggling change. In the interest of reducing crime, protecting children, salvaging redeemable offenders, and increasing citizen and society safety, the nation has invested unprecedented amounts of time and money in the correctional system.

14. The goals of corrections are to lower the volume of crime, increase public safety, control incarcerated offenders, prepare them for eventual release, and then supervise them after release to prevent recidivism (criminal reoffending).

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CHAPTER 2 PRISONS (1800 TO THE PRESENT) CHAPTER OVERVIEW • The student should remember that corrections must always ask the question “Who are offenders and what are we expected to do with them?” The most common schools of thoughts are the following: Offenders are (1) evil and must be punished, (2) out of touch with God and need to repent, (3) uneducated and ill trained to function in modern society, and (4) sick and in need of being cured. The answers to these questions are commonly known as the punishment, reform, education, and medical models of corrections. In the final part of this chapter, we explore the philosophical foundations on which these models were constructed and explain some of the rationales underlying current correctional developments.

It is essential for the student to understand why this nation has entered into an age of massive change in public acceptance of crime and criminal and prison operations, what goals are being sought, and what might be the implications of the adoption of new programs, operations, and facilities. We begin with the two major competing concepts or systems that evolved and fought for prison designs and construction in the United States for the majority of the twentieth century.

CHAPTER OBJECTIVES • Summarize the definition, mission, and role of corrections from 1790 until 1910.

• Compare and contrast the Pennsylvania and Auburn systems.

• Explain why the Auburn system became the dominant prison design.

• Describe prison development from the reformatory era to the modern era.

LECTURE OUTLINE • What Is the Emerging Role of Corrections? o Since the early dates of 2000 B.C. to present, corrections assumed many additional goals: reforming law offenders, protecting society through incarceration, reducing later criminal offending, educating and training of persons without the necessary skills to exist in increasingly complex societies, making the sick well, preparing offenders for release back into the community, supervising offenders when released, and a wide variety of crime prevention programs.

• The Pennsylvania System o The Walnut Street Jail had been fairly effective for a decade, and the earlier Pennsylvania system was copied extensively in both architectural design and administration. o The Eastern Penitentiary became the model and primary exponent of the Pennsylvania, or “separate,” system. o Teaching Tip: Show the video “Let the Doors Be Made of Iron.” A video of the history of the Eastern Pennsylvania Prison. Hal Kirn and Associates, 2122 Wallace Street, Philadelphia, PA. (215) 236-3777.

• The Auburn System 8

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o The Auburn prison administrators developed a system that was almost the opposite of that used at the Eastern Penitentiary. o A new style of discipline was inaugurated at Auburn that became known as the Auburn, or “congregate,” system. o Discipline at Auburn § The discipline regimen at Auburn included congregate work in the shops during the day, separation of prisoners into small individual cells at night, silence at all times, lockstep marching formations, and a congregate meal at which the prisoners sat face-to-back. o Teaching Tip: Show the video “History of Sing Sing Prison” (1997). 68 minutes.

Prison Competition o The persuasive power of economics finally decided the battle, and the congregate system was adopted in almost all other American prisons, even in Pennsylvania.

Economics Wins Out o It was the profit motive that determined the outcome of the competition between the two systems, and the Auburn system became the dominant form of prisons in the next century.

Prison Rules o It is not too hard to understand why rules and procedures emphasized the smooth and undisturbed operation of the prison rather than the modification of the individual prisoner’s behavior. o The imposition of silence was seen as the most important part of the discipline program. o Another bizarre form of discipline that was developed at Auburn was the lockstep formation. o The use of degrading prison garb was also initiated at Auburn and Sing Sing. o One of the earliest and most well-known forms of prison discipline was the “prison within a prison,” or solitary confinement, used as punishment for violation of institutional rules. o Teaching Tip: Show the video “San Quentin: Inside the Big House.”

(2001). Cambridge Educational, 51-minutes. 1-800-468-4227 o Teaching Tip: Show the video “Solitary Confinement Exclusive” (2010).

50 minutes (http://shop.nationalgeographic.com) Change in the Wind o Maconochie and Crofton: A New Approach § Together Maconochie and Crofton laid the foundation for reformative rather than purely punitive programs for the treatment of criminals. o Maconochie and the Indeterminate Sentence § In 1840, Captain Maconochie was put in charge of the British penal colony on Norfolk Island § He developed a “mark system” whereby a convict could earn freedom by hard work and good behavior, thus creating the 9

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indeterminate sentence. o Crofton and the Irish System § Sir Walter Crofton of Ireland used that concept in developing what he called the “indeterminate system,” which came to be known as the Irish system.

The Reformatory Era (1870–1910) o The first reformatory in America was built in 1876 in Elmira New York and became the model for all those that followed. o The only real differences between the programs at Elmira and those at the adult prisons were the emphasis on reforming youth, increased academic education, and more extensive trade training. o Although the two main contributions of the reformatory era were the indeterminate sentence and parole, the seeds of education, vocational training, and individual rehabilitation had been sown.

Post–Civil War Prisons o In the South, devastated by the Civil War, the penitentiary system had been virtually wiped out. o Some states attempted to solve their prison problems by leasing out their entire convict population to contractors, which became known as the lease system. o Teaching Tip: Show the video “CCI: A Case Study of a Southern Prison.”

Princeton, NJ. Films for the Humanities and Science. (800) 257-5126.

The Twentieth Century and the Industrial Prison o The introduction of handicrafts into the solitary Eastern Penitentiary cells represented the origin of prison industries in America. o The industrial prison can credit its origins to the profits turned by the first state prisons. o The beginning of the end for large-scale prison industries, which kept inmates employed in some kind of work, was the enactment of two federal laws controlling the character of prison products.

The Period of Transition (1935–1960) o The quarter century between 1935 and 1960 was one of great turmoil in the prisons. o The U.S. Bureau of Prisons gradually emerged as the national leader in corrections, introducing many new concepts that have been copied by state systems. Two major contributions were diagnosis and classification and the use of professional personnel, such as psychiatrists and psychologists, to help rehabilitate inmates. o As the prison industries died out, riots began to take place more regularly, adding evidence to the theory that enforced idleness causes restlessness and discontent among prisoners.

The Modern Era o The “modern era” of corrections is generally considered to have begun about 1960, and it was characterized by a pattern of change that was to highlight the next decade.

New Emphases Emerge in Corrections 10

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o New emphases began to be developed in corrections, not the least of which was the dominant theme of producing goods at less cost than competitors could, primarily because inmates were not paid for their time in the production.

Internally Sought Reform o Beginning about 1966, the nature of the demands changed from those involving basic conditions to those concerning basic rights. o The Prison Population Boom § This population boom resulted from fear of crime35 fueled by politicians, a “get- tough approach to crime,” the War on Drugs, the media, and special interest groups. o Teaching Tip: Show the video “Modern Marvels Prisons.” (2002). 50 minutes. 1-800-933-6249 (http://shop.history.com) Teaching Tip: Invite a jail or prison administrator, prison litigation attorney, drug enforcement officer, and/or ex-correctional officer as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain the discipline problems associated with each of the two major types of prisons, and what practices arose to manage disciplinary problems.

2. Explain the necessity of prison rules and practices to support specific rules.

Topics to be covered include: discipline, punishment, silence, lockstep formation, prison stripes, the treadmill, and solitary confinement.

3. Explain the development of the federal Bureau of Prisons, and note the contributions of leadership, absence of prison plants, and availability of federal funds to the federal prison system. Why did it become a much-admired model?

4. Explain the concept of the “standards of human decency that mark the emergence of a maturing society” and how the federal judiciary became a major force of correctional reform.

5. Describe the Eastern Penitentiary and Auburn systems. What are the similarities and differences between the two systems?

6. Describe how Zebulon Brockway contributed prison reforms. Were Brockway’s reforms successful?

Class Activities 1. Ask students to identify the four basic answers to the question: “Who are offenders and what are we expected to do with them?” Ask for two examples for each answer.

2. Ask students to define the Pennsylvania system and describe the architecture of prisons that followed that model. What types of products could reasonably be produced in this type of prison?

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3. Ask students to describe the Auburn or “congregate” system, as well as the architecture of those prisons. What types of products could reasonably be produced in this type of prison? At what cost?

4. Ask students to identify Captain Alexander Maconochie and explain the offender problems he faced. What were Maconochie’s solutions?

5. After the class discusses Maconochie, repeat the same questions for Sir Walter Crofton. Show how both implemented indeterminate sentencing as a solution.

Should American Criminal Justice system continue using indeterminate sentencing? Why or why not?

6. Ask the students to define the reformatory and why the reformatory movement began. What challenges did such a movement face? Was it successful? If the consensus is “no,” ask what could have been done to have made it successful.

7. Ask students what effects the American Civil War had on prisons and offenders.

Focus student attention on migration of citizens to cities, unemployment, and entrepreneurial efforts to “make a buck” off the backs of offenders. If students perceive contracting as profit-motivated, ask them if there are any prisons on the contemporary scene that are private-sector prison providers. Are they “making a buck” off the backs of offenders? If the consensus is “yes,” ask if correctional officer unions are motivated by money concerns.

8. Ask students to describe the industrial prison in its heyday. Have the class focus on in-prison (“intramural”), inmate lease, and the piece-price programs. Is it better to have inmates idle or working to generate profits? Why or why not?

9. Ask students why the industrial prison waned during the Great Depression. What effects did its retrenchment have on prison administration?

10. Ask the class to describe what happened to prison administration from 1920 through the 1960s, focusing on the Bureau of Prisons’ contributions, the events immediately after World War II, and prison riots.

11. Ask students the causes of the prison boom during the latter part of the last century. Should prison officials been more prepared for the eventual prison boom?

12. Ask the class to explain the civil rights movement that began in 1955 and how it affected prisons. Focus student discussion on decisions by the United States Supreme Court.

Thematic Question 1. After students to describe and contrast the two major conflicting prison systems, explain why the Auburn or congregate system won out in the end.

2. Sentencing goals changed during this time period. Have students explain how the sentencing goals changed and if current-sentencing goals should change within modern prisons.

Homework 1. Assign students to read “How Hollywood Reformed the Georgia Prison System” and write one-three paragraphs answering the following question: How did Robert Elliott Burns contribute to the reform of corrections in the State of Georgia?

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SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The emerging role of corrections embraces increasing public safety by imprisoning dangerous offenders, educating and training inmates for employment opportunities when released, reduction of additional crimes by inmates, and supervision of inmates when released following incarceration.

2. The Pennsylvania system provided large cells with room for production of inmate-made goods and emphasized silence, isolation, and individual work. The Auburn system consisted of small cells in large cell blocks. Inmates worked in tandem under silence in an assembly-line basis. The intention of the Auburn system was to generate as much income as possible from the prisons, work in silence in designated work areas, and control inmates through corporal punishment and pain.

3. The routine for the Pennsylvania System was solitary confinement, silence, and labor in outside cells. At Auburn, rules of conduct were developed for inmates and were reinforced by extensive and frequent punishments, such as flogging, cold plunges, cat-o’-nine tails, straps, starvation, lock-step formation movement, solitary confinement, and required silence.

4. The Industrial Revolution allowed citizens of Pennsylvania to lead the way in developing the penitentiary system.

5. The Auburn system won the competition between the Pennsylvania and Auburn models because there was less mental illness, greater profits, and cheaper per-cell construction costs in the Auburn design and operations.

6. Alexander Maconochie eliminated the flat sentencing and instituted numerous prison reforms while Standford Bates goals also included a centralized administration, establishing a consistent set of Bureau-wide policies, implementing a program of prison construction to reduce institutional overcrowding, reducing if not eliminating political patronage, improving staff training, and constructing a prison industries program.

7. The Hawes–Cooper Act, passed in 1929, required that prison products be subject to the laws of any state to which they were shipped. The Ashurst-Sumners Act, passed in 1935, essentially stopped the interstate transport of prison products by requiring that all prison products shipped out of the state be labeled with the prison name and by prohibiting interstate shipment where state laws forbade it. In 1940, the Ashurst–Sumners Act was amended to prohibit fully the interstate shipment of prison products.

8. The emphasis on reforming youth allowed an increased academic education presence, and more extensive trade training.

9. Many emphases have emerged since 1935, including diagnosis and classification and the use of professional personnel, such as psychiatrists and psychologists, to help rehabilitate inmates.

10. Any infraction of the rule of silence resulted in a flogging and the loss of a meal.

This kind of entrenched procedure, very resistant to modern reforms, has been the source of many prison riots.

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CHAPTER 3 CORRECTIONAL IDEOLOGIES: THE PENDULUM SWINGS CHAPTER OVERVIEW • An underlying policy question explored in the first two chapters of the text- book concerned the role of criminal law and offenders: Who are offenders and what shall we do with them? The answers identified thus far include the following: They are (1) evil and must be punished, (2) out of touch with God and need to repent, (3) poorly educated and ill trained to function in modern society, and (4) sick and in need of being cured—the punishment, reform, education, and medical models for corrections, respectively. In this chapter, we explore the philosophical underpinnings on which these models were built, and explain the rationales that underlie current correctional developments. We need to understand why the nation has entered into an age of massive change in attitudes and prison construction, what goals are being sought, and what the implications of the new programs and facilities might be. We begin with an understanding of what we refer to as ideologies.

CHAPTER OBJECTIVES • Summarize the definition, mission, and role of corrections from 1910 to 2017.

• Summarize sentencing goals and primary punishment philosophies.

• Explain how public opinion about crime affects crime control policy.

• Summarize issues related to correctional policy.

• Describe and illustrate contemporary corrections in the nation.

LECTURE OUTLINE • Impacts of Ideology o An ideology is a systematic body of concepts, especially about humane life or culture. o Ideologies guide humans on most social issues and nowhere is that more evident than in corrections.

• Conflicting Correctional Ideologies o A correctional ideology refers to a body of ideas and practices that pertain to the processing of offenders as determined by the law. o Most of the ideologies applied to correctional actions over the years fall into one of three categories: punishment, rehabilitation, or prevention. o Teaching Tip: Show the video “Crime and Punishment in America.”

(1997). PBS Videos, 120 minutes.

• The Punishment Ideology o Retribution § Philosophically, retribution generally means getting even with the perpetrator. § The “just deserts” movement in sentencing reflects the retribution philosophy. o Deterrence 14

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Yet another reason for punishment of criminals is the belief that such actions have a deterrent effect, specifically on the offender or generally on others who might consider a similar act. o Incapacitation § The theory of incapacitation holds that the best way to limit offenders’ ability to break the law is to incapacitate them, usually by locking them up for long periods of time. § Sometimes referred to as the theory of disablement. § One variation of the isolation rationale of incapacitation is the selective incapacitation, which is a policy of incarcerating those whose criminal behavior is so damaging or probable that nothing short of isolation will prevent recidivism. o The Effect of Punishment § As evidenced by a high crime rate, punishment by the law does not seem to create much respect for the law, even in jurisdictions where punishment may actually be swift, harsh, and certain. § It must be understood that the significance of punishment as an ideology in correctional practice lies in the viewpoint of the punished offenders. § The change in attitude has led to a painful search for alternatives to probation (regarded as too little punishment) and imprisonment (regarded as too expensive a form of punishment). o Teaching Tip: Show the video “A History of Punishment.” (1999) Cambridge Educational, 53–minutes. 1-800-468-4227 o Teaching Tip: Show the video “Alcatraz: Escaping America’s Toughest Prison.” 50 minutes. 1-800-933-6249 The Rehabilitation Ideology o A more humane ideology is reflected in the rehabilitation model, which seeks change in behavior of the offender produced by treatment and services. o The rehabilitation ideology does not encourage inmates to be coddled and allowed to do as they please within the institution. o In the reformatory movement which occurred after 1890, offenders were seen as disadvantaged, “unfortunate” persons whose education, training, and discipline had been inadequate. o The reintegration model is a doctrine that assumes crimes are caused by the community, with the assumption that community resources should be garnered and provided by local agencies to prevent recidivism. o Teaching Tip: Show the video “Abused Women Who Fight Back: The Framingham Eight.” Films for the Humanities and Sciences, 1-800-2575216.

The Prevention Ideology o Prevention methods have a dual focus: on the individual and on the environment in which he or she lives. o Much crime prevention activity is designed to steer potential delinquents away from a life of trouble.

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o The individual’s environment is recognized as a crucial focus in the prevention of crime; the prevention ideology emphasizes the need to structure the environment so criminal opportunity is minimized. o In community corrections, the prevention ideology is combined with treatment.

The Pendulum Swings o From the late 1970s to 1990s, high crime rates caused the forces of society to turn again to the punishment ideology. o Despite the increased reliance on punishment and the backlash that has so negatively impacted corrections during the past three decades, there appears to be growing support for both rehabilitation and prevention among legislators as well as the general public, especially support for evidence-based practices.

Restorative Justice o The balanced and restorative justice (BARJ) model requires criminal justice professionals to devote attention to enabling offenders to make amends to their victims and communities, increasing offender competencies, and presumably protecting the public through processes in which individual victims, the community, and offenders are all active participants. o The balanced approach is based on an understanding of crime as an act against the victim and the community, which is an ancient idea common to tribal and religious traditions of many cultures. o Balanced and Restorative Justice Philosophy § The guiding principles of restorative justice are that crime is injury and crime hurts not only individual victims but also communities and offenders and creates an obligation to make things right. § This ideology accepts that crime control cannot be achieved without the active involvement of the community. o The Balanced Approach and Its Application § Transforming the current justice system into a more restorative model will and must require that professionals have the power to transform justice into a more balanced and restorative system.

Effects of Public Opinion of Crime Control o Public opinion can be inflamed. Yet over time, public opinion can have a salutary effect.

Contemporary Correctional Policies o Contemporary correctional policies vary across jurisdictions. Policies are proposed actions to be taken under certain circumstances and guide correctional practice. They are intended to achieve some policy goal and describe what actions would be appropriate.

Contemporary Corrections o Five important developments in corrections have occurred since the 1980s: (1) the abandonment of the medical model; (2) the shift to determinate sentencing (which places limits on the judge’s powers); (3) a search for punishments that would be more effective than court-ordered 16

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probation and less severe than long-term incarceration, the so-called intermediate sanctions; (4) renewed emphasis on rehabilitation and effective programming for offenders; and (5) restorative justice.

Teaching Tip: Invite a current or former warden, probation officer, administrative officer, and/or local politician as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Describe three earlier types of corporal punishment used to correct offenders, and identify the goals of each. Ask students to identify three more.

2. Differentiate between determinate and indeterminate sentencing, and ask if an elderly prisoner should be released at age 75, even if the determinate sentence is for a minimum of 50 years (and the inmate was age 50 when arriving at the institution). On what basis would the class answer that question?

3. Trace the practice of treatment from the Quakers’ efforts at the Walnut Street Jail through the reformatory movement, ending with the medical model in corrections.

Point out the focus on the underlying causes of criminal behavior, and what rehabilitation is designed to accomplish.

4. Point out that prevention emerges from the assumption that one can predict future behavior. Suggest the lack of accuracy in prevention for high-rate (such as theft) and low-rate offenders (such as exhibitionism). Focus on “false positive” and “false negative” issues within the correctional system.

5. Identify “get-tough laws” and detail what changes are occurring because of this ideological shift. Focus on waiver of juveniles to adult court, and habitual offender (three-strike laws) enhancements. How have three-strike laws changed?

Use the recent California ruling as an example.

6. Define restorative justice and give three examples of existing programs, identifying their objectives.

7. Identify the conclusions of the President’s Crime Commission regarding crime and criminals, and the recommended policies in that report.

8. Define the War on Drugs and discuss the war’s effects on the American correctional system. Do students believe changes in current drug laws such as, marijuana laws in Colorado and Washington impact the War on Drugs?

Class Activities 1. Ask students to define ideology and correctional ideology.

2. Ask students to define retribution and give three examples of that ideological program. Ask what type of punishment would best fit the crimes of rape, murder, and a gang shooting.

3. Ask students to define deterrence, and then general and specific deterrence. If students choose capital punishment as an example, first ask how to maximize the

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general deterrent effect. Then ask how putting the offender to death will bring the victim back to life.

4. Have students define the theory of disablement, incapacitation, and selective incapacitation. Ask what type of offender should receive selective incapacitation, and in what form. On what bases do students predict future criminal behavior?

5. Ask students to describe the medical model in corrections, noting how it started and why it declined in importance.

6. Ask students to differentiate between the medical model and the reintegration model, focusing on the intended objectives of each. What is to be changed, and why?

7. Ask students to define prevention and give five examples. If students concentrate on law enforcement, ask them to describe prevention in drug court programs.

8. Ask the class to define diversion and identify three levels on which diversion can occur. Ask for three examples of programs at each level.

9. Ask the class to identify a “pendulum” and the extremes from which it might swing. How is this related to corrections? What “pendulum” is swinging?

10. Ask students this question about “three-strike laws”: What gains can be expected from a sentencing option that is applied late in the desistance phase of a criminal career?

11. Have the class identify examples of diversion programs at the local level. Does the class believe diversion programs work?

12. Have the class debate the validity of this statement: Restorative justice does not punish the offender enough for the criminal act committed.

13. Have the class debate the validity of this statement: Restorative justice programs widen the net of the juvenile and criminal justice system.

Thematic Questions 1. Point out that punishment has both intended and unintended consequences. Ask students to identify five unintended consequences of punishment.

2. If the emerging standards of human decency that mark a maturing society were to regress to permit corporal punishment, should offenders receive punishment in the form of electric shock? What punishment objective would be served?

3. Point out the unintended consequences of sentence-enhancement laws, and focus on correctional staff as the group affected by these enhancements.

4. On what philosophical basis could one reasonably argue “get-tough laws” will impact the volume of crime?

5. What elements need to be present for an effective restorative justice program to be developed on the local level?

Homework 1. Assign students to read the brief paper by Marc Mauer on “Lessons of the Get Tough Movement in the United States” and submit a one-three paragraph report on the six lessons to be learned.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 18

1. The three basic ideologies are retribution, deterrence, and incapacitation with retribution being the oldest form.

2. It is believed that in order for punishment to serve as a deterrent, it must be swift, visible to others, closely linked to the forbidden action so that it discourages future recurrences of that crime, certain, and categorical (all persons committing a certain crime will receive the same punishment).

3. Rehabilitation is a more humane ideology because the rehabilitation model seeks change in behavior of the offender produced by treatment and services.

4. One example of a change is the influence of restorative justice within the criminal justice system.

5. The War on Drugs has diverted attention from the causes of drug use and social problems, expanded the power of the state in light of the rights of the individual, legitimized intrusion of American politics into Latin and South American governments, and not reduced the volume of drug use.

6. Punishment intended to repair the damages done by the offender’s crimes against the victim and the community.

7. Drugs has increased violence and enhanced gangster roles for minority inner-city youth, thus increasing the prison population of minorities.

8. Originally, punishment and banishment were the primary missions of corrections, based on the belief that offenders rationally decided to commit crime, were intent on inflicting loss or death, and would not otherwise be deterred from further criminal behavior. They were seen as being evil and deserving of punishment.

Thus, retribution and deterrence were intertwined as correctional objectives.

When correctional facilities were developed, incapacitation became a major third component of the punishment ideology.

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CHAPTER 4 THE SENTENCING AND APPEALS PROCESS CHAPTER OVERVIEW • In this chapter we examine issues that deal with sentencing criminal offenders and some of the processes used to challenge those sentences. Students will also become acquainted with those processes by which offenders are placed in the major components of corrections and how sentencing practices influence correctional practices, programs, and facilities. We will also briefly look at appellate review of convictions and sentencing.

• Perhaps no part of the criminal justice system has had more criticism or controversy than the nation’s courts as they struggle to make, as noted above, “the punishment fit the crime.” This chapter examines that critical decision and acquaints the student with the impact these decisions have on soaring prison populations and their impact in regard to the “correctional funnel,” as discussed next. Many criticize the court’s efforts to apply “justice” while dealing with public opinion, jail and prison overcrowding, budget shortages, and legislative restrictions on the judge’s discretion. Students also need an understanding of the appeals process, which is discussed later in the chapter. The student must keep in mind the incidences of crime and the sheer volume of cases when discussing the sentencing process and decisions made in America’s courts. This issue will have a vital relationship to the material already covered and chapters yet to come. It will also prepare the student for understanding the complexities of the appellate process. We begin our examination of sentencing practices and the correctional funnel. It is critical that the topic of sentencing be seen within the context of a diminishing volume of crime. The volume of crime has fallen to lows found in 1972.

CHAPTER OBJECTIVES • Explain how the correctional funnel functions to categorize, sort and divert most offenders into alternatives to incarceration.

• Explain the role of prosecutorial plea-bargaining and how it creates the correctional funnel.

• Summarize the different types of sentences and how sentencing decisions are made.

• Summarize the appeal process.

LECTURE OUTLINE • The Correctional Funnel o The correctional funnel represents the various sentencing options that sometimes confuse observers as to what is actually occurring in the criminal justice system.

• Plea Bargaining o Plea bargaining refers to the prosecutor’s practice of permitting the defendant to plead to a lesser charge than the one he or she was arrested 20

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for, usually because the prosecutor does not feel the case is strong enough on the more serious charge or because the prosecutor hopes to persuade the defendant to provide information about other crimes or offenders. o Teaching Tip: Show the video “Plea Bargains: Dealing for Justice.” Films for the Humanities and Sciences, 1-800-257-5216.

The Sentencing Decision o Making a sentencing decision is often the most complicated and difficult task for any judge. o Rapid Change in Sentencing Processes § In 1930, most states and federal courts were operating under the indeterminate sentencing structure: The judge would impose a prison sentence with both a minimum and a maximum term in years. § Following a long period of relative inactivity (1930–1974), American sentencing laws and practices began to undergo a rapid, fundamental restructuring of the sentencing process. o Teaching Tip: Show the video “Court, Trials, and Sentencing: Due Process.” Films for Criminal Justice and Law, 1-800-257-5126. o New Goals § From the mid-1990s on, such concepts as “three strikes and you’re out” laws have become popular with the public and legislators. § In total, 24 states and the federal government have enacted threestrikes legislation, increasing the length of sentences by a multiple of two or setting minimum time to be served at 25, 30, or even 40 years. § Teaching Tip: Show the video “The Three Strikes Law: The Legacy.” Films for the Humanities and Sciences, 1-800-257-5216. § Teaching Tip: Show the video “Arguing Three Strike Laws.”

(2011). Independent film by Sam Banning. o Reform Options § As a result of the reform movement, sentencing practices were changed in the belief that the new practices would limit disparity and discretion and establish more detailed criteria for sentencing or new sentencing institutions. o Reform Effects § Release by a parole board was abolished in a large number of states, and mandatory sentencing guidelines were established in many others. o Predicting Behavior § One of the main problems with the sentencing decision is that it requires judges to predict human behavior. o The Presentence Investigation § Most of the states make a presentence report mandatory for offenses for which imprisonment can be more than one year. § Presentence report is a document prepared by agent of the court that investigates the offender’s background for judicial 21

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determination of punishment. § The presentence report serves many functions. Not only is it of immediate use in determining an appropriate sentence but it is also used by correctional agencies or institutions for classification and program activities assignments. o Judicial versus Administrative Sentencing § Traditionally, the sentencing process has involved a judicial determination of the appropriate punishment for a specific crime. § Administrative sentencing is a process by which the actual length of the sentence is left up to the administrators of the correctional system, as seen in such processes as good-time credit, probation, parole, and program participation; the actual sentence served is set by the executive branch rather than the judicial. o Practical Problems in Sentencing § The state and federal correctional systems are finite in size. § The system can become blocked if sentences do not approximately balance releases, resulting in dangerous overcrowding. o Problems in Setting Prison Terms § Concerns about disparate sentences and other abuses or perceived abuses of the system have resulted in six basic strategies to formalize legislative control over the sentencing process. § Policies for setting prison terms influence the size of prison populations by both the number of people who are sentenced and the length of time that they stay in prison.

Felony Sentences in State Court o Each of the 94 federal judicial districts has at least one district court and courthouse, in which trials are held for persons committing federal crimes. o In 2015, some 102,430 federal trials resulted in a sentence disposition. The vast majority of sentencing outcomes were sentences to imprisonment, although one in nine cases received probation as the sentence.

Deterrence by Sentencing o Deterrence by sentencing is discouraging the individual’s and the public’s propensity to commit additional crimes by imposition of harsh punishment; the goal is crime reduction. o Appellate Review § In the twenty-first century, offenders are still granted many of the same rights guaranteed by the U.S. Constitution.

The Issue of Due Process o A basic tenet of the criminal justice process in America is that every defendant is presumed to be innocent until proven guilty. o Due process has been a constitutional right for all Americans under federal law since the passage of the Fourteenth Amendment in 1868. o One of the problems with “due process of law” is not that it is due—that is, something to which we are entitled—but rather the process of determining how much of it is due.

The Mechanics of an Appeal 22

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o Throughout the legal proceedings, there are points at which appealable errors can occur. o The appeals process is highly fragmented and cumbersome, but a basic scheme applies to most jurisdictions. o The Courts of Appeal § The court level immediately above the trial court is usually called the court of appeals. § In some states, and in the federal system, there is more than one level of appeal. § In most state systems, the court of appeals reviews the trial court’s decisions for judicial error. § The federal courts of appeal are similar to the state courts of appeal in that they review for error the cases tried by the federal district courts.

Teaching Tip: Invite a circuit court judge, presentence investigator, former inmate, prosecutor, and/or defense attorney as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain the authority of the prosecutor to manage the administration of justice, including powers and outcomes.

2. Explain the major changes which occur in the sentencing process during the last quarter-century, focusing specifically on indeterminate sentencing.

3. Briefly describe the major reform effects in sentencing over the last quartercentury.

4. Describe the presentence investigation process, and the presentence investigation report’s functions.

5. Identify the six basic strategies to formalize legislative control over the sentencing process. How have correctional administrators coped with the effects of these strategies?

6. Define appeals and identify the five basic outcomes of an appeal.

7. Explain the system of appeal courts in your state, including the court of last resort.

8. Explain the tendency of inmates to resort to appeals from “behind the walls.”

9. Explain the writ of habeas corpus, civil rights petitions, and the writ of mandamus.

10. Explain the correctional filter functions and how the filter determines alternatives to incarceration.

Class Activities 1. Ask the class to define correctional filter and identify the phases at which offenders are diverted to alternative outcomes in the sentencing process.

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2. Have the class identify and explain those factors, which influence the prosecutor’s decisions in the sentencing process.

3. Have the class explain why the sentencing decision is the most difficult task for the sentencing judge.

4. Ask students to debate the disparity in sentencing for crack and cocaine use. If they do not have concerns about racial disparity in sentencing at this level, ask them to explain the concentration of drug-law violators in state and in federal prisons.

5. Ask students to identify five new goals in sentencing from 1965 until the present.

6. Ask students to define and differentiate between probation and parole.

7. When an offender convicted of possession with intent to sell marijuana is sentenced, does the sentencing judge choose between the offender or the offense?

8. Ask the class to identify five factors external to the offender that could influence the “in–out” sentencing decision the judge might make.

9. Ask the class to characterize felony sentences in state courts. Do students agree or disagree with the typical state court sentencing process.

10. Ask students to define due process and describe how the guarantees of the United States Constitution were made binding on states.

11. Ask students how the volume of prisoner litigation has been reduced since 1980.

Do they consider this to be a favorable trend? If they concur, ask them if they concur with the use of the “hitching post” in Alabama.

12. Ask the students how plea-bargains and benefit offenders at the same time limiting offender’s rights.

Thematic Questions 1. Can the prosecutor achieve a just society by limiting the panoply of rights and protections guaranteed under the United States Constitution?

2. How can plea-bargaining result in the loss of guaranteed rights?

3. How does plea-bargaining decrease the ability of the offender to appeal the sentencing outcome?

4. Remind the class of the division of power between the legislative and judicial branches has been heavily influenced by “get-tough” policies.

5. Have offenders been deterred by changes in sentencing patterns over the last decade? How would individual recognize if someone was deterred?

6. Stress the United States Constitution is the guarantee of democracy in the United States, and that violation of offender rights is a direct threat to the continuance of democracy.

7. Ask how the constitutional bases of democracy require court intervention in corrections management.

Homework 1. Assign students to identify the most recent case dispositions from arrest to sentencing, using online sources from the Office of the State Attorney General (or relevant Justice Agency) for your state or another specific state for which such data are readily available. Ask them to determine, on a percentage basis, the

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proportion of offenders that receives probation, jail plus probation, jail, and prison or other disposition, to be submitted in tabular or flow-chart format.

2. Assign students to read: “Estrella Jail” and submit a one to three paragraph report on conditions in Sheriff Arapaio’s tent-city jail. Do the students agree or disagree with Sheriff Arapaio’s decisions?

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. At every point of the correctional funnel, certain types of offenders and cases are shunted into alternative dispositions, the great bulk of which involve some type of correctional supervision other than jail or prison. Generally, criminal offenses are divided into one of two types: misdemeanor or felony. Those offenders who are finally placed under custody and supervision in prisons are, for the most part, the most serious offenders.

2. Judges’ diminished sentencing power is due to sentencing disparities that result from judicial sentencing.

3. Examples of aids that are available to assist judges in the sentencing phase are the presentence report and the presumptive sentencing system. The presentence investigation report gives the judge a comprehensive and factual over- view of the offender, the actual crime, and the offender’s nature, history, habits, personality, problems, needs, and risks.

4. Many factors have led to the rapid changes in the sentencing structures in the United States, including prison uprisings (such as at Attica in New York and others in New Mexico, Oklahoma, California, and Florida), the abuse of discretion, the demand for accountability in official decision making, the rehabilitation ideal was challenged, sentencing disparities (both racial and class discrimination), and politics.

5. Prosecutors can implement their broad discretionary power to dismiss charges or reduce them to charges for which the defendant will be more likely to plead guilty. Plea bargaining may lead to the prosecutor agreeing to dismiss multiple charges, reducing charges, or recommending a lighter sentence.

6. The court level immediately above the trial court is usually called the court of appeals. In some states, and in the federal system, there is more than one level of appeal. In those cases, the highest level of appellate court is generally called the Supreme Court.

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CHAPTER 5 PROBATION CHAPTER OVERVIEW • Our examination of the correctional process now turns to probation and probation supervision, the major alternative to incarceration as used by sentencing judges across America. Although it is the most commonly used correctional sentence, probation is also one of the most maligned and underappreciated aspects of the correctional system. Often seen as a “letting off” of the offender, probation has struggled to gain respect and support from the media, the public and, perhaps most important, those officials who make funding decisions.

• Probation is a sentence that does not include confinement and imposes conditions governing the release of the offender into the community, based on good behavior. The sentencing court retains authority to supervise, modify conditions, and cancel the status and resentence if the probation client violates the terms of probation. Increasingly, across the nation, courts are using recent developments in technology to better monitor the behavior of the probationer. This chapter presents a brief history of probation and its developments into the twenty-first century.

CHAPTER OBJECTIVES • Outline the history of probation.

• Summarize modern probation operations, including the conditions of probation.

• Understand how probation targets criminogenic risk factors.

• Explain how probation can be revoked.

• Identify and explain successful approaches underlying contemporary probation practices.

LECTURE OUTLINE • Suspended Sentence and Sanctuary o Probation is a derivative of the suspended sentence, handed down to us somewhat indirectly by way of past judicial procedures. o Both the suspended sentence and probation mitigate the punishment for an offender through a judicial procedure, and their earliest antecedent is found in the right of sanctuary, frequently cited in the Bible.

• The History of Probation o John Augustus (1785–1859), a Boston shoemaker, is credited with being the “father of probation.” o Augustus’s efforts encouraged his home state of Massachusetts to pass the first probation statute in 1878.

• The Spread of Probation o By 1910, 37 states and the District of Columbia had passed a children’s court act, and 40 had established some kind of probation service for juveniles.

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o Not until 1956, however, was probation available for adult offenders in every state. o It is clear that the legislators enacting probation statutes intended juvenile offenders and misdemeanants to be its beneficiaries, not hard-core criminal offenders. o Probation is used for a wide range of offenses, but property crimes and drug offenses are the most dominant.

Organization and Administration of Probation o The problems associated with a lack of organization in the criminal justice system are exemplified in probation services. o The Role of the Probation Agency § The role of the probation department has traditionally been viewed as a dichotomy. The supervision role involves maintaining surveillance (societal protection) as well as helping and treating the offender (counseling and rehabilitation). o The Decision to Grant Probation § The decision to grant probation is a complicated process, one further impacted by the plea bargaining process. § When the crime for which someone is convicted falls within the legally permissible range of offenses for which probation may be imposed or where mandated by state law, a presentence investigation will be ordered, although some states permit the offender to waive the presentence investigation. o The Presentence Investigation Report § The presentence investigation (PSI) report is the document that results from an investigation undertaken by a court-authorized officer or agency. § Most reports conclude with a sound recommendation for sentence disposition and relevant conditions to be imposed if the disposition were to be probation. o The Sentencing Hearing § Most criminal courts conduct sentencing hearings independent of the determination of guilt. § There are no clear-cut factors that heavily influence the outcome of the sentencing hearing, although it is clear that the presentence investigation report plays a central role. o Risk Assessment § The latest generation of classification instruments has successfully combined risk and needs and is relatively easy to use.

Conditions of Probation o Courts may impose any reasonable condition on the offender as long as the condition is related to some identifiable correctional objective. o General conditions imposed on all offenders would include reporting regularly to the supervising officer, obeying laws, submitting to searches, not being in possession of firearms or using drugs, avoiding excessive use of alcohol, not associating with known criminals, not leaving the 27

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jurisdiction of the court without prior approval, notifying the officer of any change of job or residence, paying probation fees, and so on. o The most frequently imposed special conditions of probation include intermediate sanctions, such as house arrest, day attendance centers, electronic monitoring, intensive supervision, halfway house residency, boot camp programs, and split sentences (jail time followed by probation or by weekend jail time). o Teaching Tip: Show the video National Geographic Hard Time: Come on Vacation Leave on Probation. (2010). Season 1, Episode 10. (http://nationalgeographic.com) Targeting Risk Factors: Challenge for Probation o 84 percent of offenders in the community had a history of drug use, 69 percent had prior alcohol abuse, 70 percent had not completed high school, 62 percent were unemployed at the time of arrest, and the vast majority had a prior criminal record. o Studies have demonstrated that recidivism can be significantly diminished if offenders on probation or in detention receive treatment and services specific to their risk and need factors and if they complete the treatment program. o Improving Probation Supervision § First developed by the Canadians and called Strategic Training Initiative in Community Supervision (STICS), initial research indicates that trained officers have higher caseload retention rates, fewer technical violations, and fewer new arrests than untrained officers. § A modified model was developed by researchers at the University of Cincinnati and is called “Effective Practices in Community Supervision” (EPICS). § Both STICS and EPICS are designed as training tools to increase the effectiveness of probation as administered by probation officers by upgrading officer skills, training, and management of offenders and achieving correctional objectives.

Probation Revocation o If the client repetitively violates conditions of probation or is arrested by law enforcement officers for an alleged new crime, a hearing may be held to determine if probation should be revoked (a process called probation revocation) and a different sentencing alternative imposed (such as a jail sentence or imprisonment). o The probation hearing is a serious event because it poses a potential for “grievous loss of liberty” for the offender. o Of those probationers who experienced a disciplinary hearing, the most frequent reason for the hearing was absconding or failure to contact a probation officer.

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Felony Probation o The rapid growth of serious and violent crime in America during the 1980s contributed to prison overcrowding and spurred a movement toward the increase in the use of felony probation.

The Broken Windows Approach o Borrowing heavily from community policing, the application of broken windows probation in probation and parole calls for a new partnership with the community.

Probation and Its Role in Corrections o Because of the prison population crisis across the nation, states are exploring many strategies to reduce the overcrowding. The basic strategies can be described as front-end solutions and back-end solutions. Probation (a front-end solution) is the mostly widely used alternative Teaching Tip: Invite a presentence investigator, probation officer, and/or local judge as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Define probation and describe its development from the right of sanctuary to the current scene.

2. Describe John Augustus and his practice in Massachusetts which eventually led to the implementation of probation.

3. Describe the progressive movement in corrections in light of probation services.

4. Point out how probation can reinforce selective incapacitation. Do students agree or disagree with this concept?

5. Discuss plea bargaining and the awarding of probation as a condition of the plea.

6. Distribute both risk and needs assessment instruments to the class, and ask students to prepare one/both using a fictitious case.

7. The presentence investigation process is a mechanism for managing the risk that offenders pose.

8. Develop a typology of alcohol abusers and identify two policy recommendations for each type.

9. Distribute a probation contract used in your local court, and justify the conditions ordinarily imposed.

10. Explain tourniquet sentencing and explain its role in probation.

11. Explain Gagnon v. Scarpelli and its constitutional guarantees.

12. Describe sentence disposition in your state, moving from arrest to court sentence.

Make the point of the number of cases disposed through probation.

13. Front-end solutions are less expensive than any other approach to prison overcrowding, but at what expense?

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Class Activities 1. Challenge students to trace the development of probation from the right of sanctuary through the current scene.

2. Ask students to describe John Augustus’s efforts to work with convicted offenders.

3. Challenge students to link the development of the penitentiary in the United States with the phasing in of probation.

4. Ask students why probation services were authorized first for juveniles rather than for adults.

5. Ask students to justify probation as the leading case disposition for criminal offenses.

6. Ask students to describe the advantages of probation, and then the disadvantages of probation. If consensus emerges that the disadvantages of probation outweigh its advantages, challenge them to propose a correctional system without it.

7. Ask students to identify crimes that are categorical exclusions from granting probation, and explain why such crimes should be excluded. Then ask students to explain the imposition of probation for those persons convicted of homicide and non-negligent manslaughter.

8. Ask students how private service organizations, such as the Salvation Army, can provide presentence investigation reports.

9. Ask students to identify those qualities that are believed to characterize an effective probation officer.

10. Have students debate the point: “Probation officers should concentrate on surveillance of rather than service to probationers.”

11. Have the class identify the major categories of elements that would be included in a presentence investigation report.

12. Challenge the class to provide a rationale for the private presentence investigation report. If the consensus is that it is constructive, ask if this is generally available to low-income offenders.

13. Ask students to identify major ways in which substance abuse contributes to crime. Should substance abusers be candidates for probation? Why or why not?

14. Ask students what correctional programs would reduce the harm posed by substance abuse.

15. Ask students to describe a drug court and how it operates. What are the significant advantages of a drug court?

16. Ask students to identify special conditions imposed on probationers, and justify their use.

17. Ask students to identify technical probation violations and the role of tourniquet sentencing.

18. Present a case study of a probationer and the violation of conditions for which a probation revocation hearing is scheduled. Ask students what the judge should do.

19. Ask students to explain the expansion of felony probation.

20. Ask students if a spousal batterer would be a suitable candidate for probation. If the consensus is “yes,” ask what special conditions or program participation should be required.

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21. Ask students if the probation officer should be a generalist with a mixed caseload or a specialist with a structured caseload. If consensus emerges on “generalist,” ask how effective a generalist might be with a large drug offender caseload.

22. Ask students in what ways the broken windows approach fits with the concept of restorative justice.

23. Ask students to define front-end, bricks-and-mortar, and back-end solutions to prison overcrowding.

24. Challenge students to justify the expansion of front-end solutions to prison overcrowding.

Thematic Questions 1. Point out the impact of religion and the rights of the clergy in Medieval Europe on the development of probation.

2. Why would offenders plead guilty to a lesser offense which is a misdemeanour rather than stand trial for the more inclusive felony charge?

3. Is public safety best achieved through a well-designed treatment program or a generalist approach?

Homework 1. Assign students to locate and read an online report on electronic monitoring of criminal offenders, and submit a one-paragraph statement of the objectives of the program.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The purpose of probation is to assist in reducing the incidence and impact of crime by probationers in the community. The core services of probation are to provide investigation and reports to the court, to help develop appropriate court dispositions for adult offenders and juvenile delinquents, and to supervise those persons placed on probation. Probation departments in fulfilling their purpose may also provide a broad range of services including, but not limited to, crime and delinquency prevention, victim restitution programs, and intern/volunteer programs.

2. The probation officer is expected to monitor the probationer’s adherence to these conditions. Probation officers then can proceed with a revocation hearing if the offender violates his or her terms of conditions.

3. General conditions imposed on all offenders would include reporting regularly to the supervising officer, obeying laws, submitting to searches, not being in possession of firearms or using drugs, avoiding excessive use of alcohol, not associating with known criminals, not leaving the jurisdiction of the court without prior approval, notifying the officer of any change of job or residence, paying probation fees, and so on.

4. The probation officer is expected to maintain surveillance of those offenders who make up the caseload. Surveillance can take many forms, ranging from office and field contacts, to drug testing, to electronic monitoring. Although some believe that the treatment and surveillance responsibilities of the probation department are almost diametrically opposed, the reality is that probation has two missions: to 31

rehabilitate the offenders who are amenable to treatment while simultaneously protecting society from those who have broken the law. The agency that can adequately balance these goals can best meet the challenges of probation in the twenty-first century.

5. Front-end solutions are alternative sentences such as probation and intermediate punishments that include house arrest, deferred prosecution, electronic monitoring, shock probation, intensive supervised probation, intermittent jail incarceration, and other programs 6. The majority of offenders are under sentence to probation, with 1 in 60 U.S. adult residents on probation. The good news is that the number of persons on probation fell below 4 million in 2011. This was the third consecutive year the number has declined. The last time this level was observed was 2002.

7. One reason is probation is cheaper then incarcerating an individual over the course of time.

8. The most frequently imposed special conditions of probation include intermediate sanctions, such as, day reporting centers, electronic monitoring, halfway homes, and split sentences.

9. John Augustus 10. The process involves changing a sentence from probation to another correctional control status, due to violation of the conditions of probation. When a hearing is set the probationer must be informed in writing of the charge against him or her.

The written notice must be given to the probationer in advance of the revocation hearing. The probationer has the right to attend the hearing and to present evidence on his or her own behalf. The probationer has the right to challenge those testifying against him or her. The probationer has the right to confront and cross-examine witnesses.

11. Training tool used to sensitize probation officers to major possible management crises, and provide understanding and management strategies directed to helping probationers overcome treatment resistance.

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CHAPTER 6 DIVERSION AND INTERMEDIATE SANCTIONS CHAPTER OVERVIEW • Our investigation of the alternatives to imprisonment has focused on probation as the major non-incarceration sanction arrow in the quiver of the sentencing judges.

Although probation is by far the most widely used correctional sanction, it is but one aspect of community corrections. In this chapter we explore some diversion options along with the growing use of intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Note, however, that some jurisdictions use these sanctions not as part of probation but as stand-alone programs.

CHAPTER OBJECTIVES • Explain how diversion is used to keep offenders out of the corrections system.

• Summarize the goals and operations of intermediate sanctions.

• Explain restitution programs, intensive supervised probation, and community service programs.

• Describe drug, mental health, and other problem-solving courts.

• Explain how electronic monitoring and global positioning systems are used and issues associated with their use.

• Explain the goals and operations of community correction facilities as well as issues associated with them.

• Explain the goals and operations of boot camps as well as issues associated with them.

LECTURE OUTLINE • Diversion: Keeping the Offender Out of the System o Diversion from the criminal justice system has taken place in one form or another since social controls were first established. o Police-Based Diversion Programs § Police agencies have practiced diversion, informally, by using their power of discretion at the time of an offender’s arrest. § Another example of diversionary tactics at the police level is the family crisis intervention approach. o Community-Based Diversion Programs § Diversion projects are most effective when integrated into a community-based correctional system with many levels of supervision and custody. o Court-Based Diversion Programs § A common and reasonable use of diversion by the courts is found in pretrial intervention programs, which have been funded extensively by the U.S. Department of Labor. o Teaching Tip: Show the video “Alternate Routes: An Alcohol Diversion Program” (2003). Halzelden Bookstore. 1-800- 328-9000.

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Between Probation and Prison o The dominant characteristic of intermediate sanctions is the use of increased surveillance and tighter controls over nonincarcerated offenders. o In the past two decades, prompted by crowding of jails and prisons as well as a shift in the philosophical assumptions about controlling offenders, a broad range of different treatments and innovative technologies (generally called intermediate sanctions) has been developed. o Teaching Tip: Show the video “MSNBC “Lock-up: Orange County Jail: Wake Up Call” (2010). Season 10, Episode 2. (http://nbcuniversalstore.com) Overcrowding o A major impetus for the development and expansion of community corrections and intermediate sanctions has been the overcrowding of our jails and prisons. o Coupled with the demise of the medical model, politicians at both local and national levels used the issue of crime as a vehicle to demonstrate how getting tough would solve the problem. o Teaching Tip: Show the video “MSNBC “Lock-up: San Quentin: Extended Stay - Slammin in the Slammer” (2007). Season 3, Episode 6. (http://nbcuniversalstore.com) Intermediate Sanctions o Intermediate sanctions provide midrange dispositions that better reflect the severity of the offense than do probation or imprisonment. o Intermediate sanctions are attractive for five reasons: 1) reduce or delay prison overcrowding; 2) designed for medium-risk offenders; 3) less expensive than incarceration; 4) offer more rehabilitation than incarceration; and 5) can lead to a valid continuum of sentencing alternatives.

Restitution Programs o A common condition for probation is the requirement that victims be compensated for their losses or injury as a form of restitution. o Restitution is a court-ordered sanction requiring the offender to make the victim whole or to compensate the community for the offender’s illegal behavior.

Intensive Supervised Probation o Intensive supervised probation (ISP) is designed to provide increased surveillance of offenders deemed to be too serious for “routine” probation. o Current issues largely revolve around the effectiveness of intensive supervision.

Community Service Programs o Community service or work-order programs represent court-ordered unpaid work for a specific number of hours that offenders must perform, usually in the form of free labor to some charitable organization or in public service.

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o Drug courts divert drug-abusing offenders to intensively monitored treatment instead of incarceration. o The main purpose of drug court programs is to use the authority of the court to reduce crime by changing defendants’ drug-using behavior. o Drug court programs are highly diverse in approach, characteristics, and completion and retention rates. o While the research has generally shown adult drug courts to be effective, studies of juvenile drug courts have not been as favorable. o The success of drug courts has led to the development of other problemsolving courts, including reentry (designed to assist those released from prison [“returning citizens”]), DUI, mentally ill, gun, veterans, and gambling courts. o Specialty Courts for DUI Offenders § Such courts are designed to reduce criminal reoffending by chemically dependent adult drivers who are at high risk to recidivate. § The typical DUI court focuses on multiple violators who are sent directly to the DUI court for arraignment and adjudication. o Specialty Courts for Mentally Ill Offenders § Mental health courts are a type of problem-solving court combining judicial supervision with community mental health treatment and other support services in order to reduce criminal activity and improve the quality of life of participants. o Specialty Courts for Veterans § The veteran treatment court is a problem-solving court providing military veterans with extensive services and are frequently designed to deliver confinement avoidance alternatives in lieu of prosecution (or conviction for lesser and included offenses). o Teaching Tip: Show the video “MSNBC “Lock-up: Corcoran: Extended Stay - Hugs Not Drugs” (2008). Season 4, Episode 4. (http://nbcuniversalstore.com) Home Detention o Home detention is a sentence whereby offenders serve at least some of their sentence in their own domicile. o Home detention is a punitive sentence and was designed in most cases to relieve institutional overcrowding.

Electronic Monitoring o The concept of electronic monitoring is not new and was proposed in 1964

by Schwitzgebel as electronic parole. o Most electronic monitoring systems use a transmitter attached to the offender’s wrist or ankle that sends signals to the supervising office during the hours the offender is required to be at home. o The latest trend in electronic monitoring is the GPS, which is increasingly being used with high-risk sex offenders.

Community Residential Treatment Centers (Halfway Houses)

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o Formerly known as halfway houses, community residential treatment centers are a valuable adjunct to community control and treatment services. o They serve as noninstitutional residence facilities for a number of different classes of offenders, most of whom are high-need offenders and pose a medium to high risk to community corrections. o Day Reporting Centers § The center provides a variety of treatment and referral programs, along with extensive supervision and surveillance. § Participants are usually required to attend every day that the center is open, to schedule their next day’s activities, and to abide by the schedule.

Shock Incarceration o Boot Camp Programs § In its form, boot camp combines elements of basic military training and traditional correctional philosophy, particularly rehabilitation. § Most boot camp programs require the inmates to enter as volunteers, offering as an incentive an incarceration period of a few months, compared to the much longer periods they would have spent in prison or on probation. § Although boot camps were popular with judges, the public, and politicians, results from studies of the effectiveness of boot camp programs in reducing recidivism have not been positive.

Teaching Tip: Invite a local judge, probation officer, and/or diversion counselor as a guest lecturer

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain desistance and the rationale behind the use of tourniquet sentencing.

2. Assuming that selective incapacitation would disable the most dangerous of offenders, explain overcrowding in terms of demographic shifts, emergence of conservative beliefs, and the War on Drugs. If students argue for incapacitation of the dangerous, ask them if drug use is as dangerous to society as are the crimes of violence.

3. Define drug courts and list five major objectives of such programs. Then ask students if there are any types of drug-abusing offenders who should not be assigned to drug courts.

4. Since many students in corrections believe drug offenders can only change when they want to change, ask if mandatory drug-abuse treatment programs are effective.

5. Ask students to identify comparable specialized courts for juvenile offenders, alcohol abusers, offenders using a weapon in the course of their crime, and 36

spousal abusers. Encourage students to share information on and experiences with specialized courts.

6. Define and discuss electronic monitoring as a correctional control program, and identify categories of offenders for whom this program would be especially useful. What are the costs associated with electronic monitoring?

7. Explain tourniquet sentencing and the correctional objectives that underlie the process.

8. Define shock incarceration and then shock probation. Explain “shock” as a psychological concept (specific deterrence). Is shock probation effective?

9. Explain boot camp programs and the philosophy under which most of them operate. On what theoretical basis would students expect boot camp programs to work? If students cite the New York State studies, ask students what elements of treatment might be present in that type of program that probably is not present in others.

10. Explain the concepts of specific courts i.e. mentally ill courts and D.U.I. courts.

Ask students if specific courts were established throughout the United States how would this impact the prison system?

Class Activities 1. Suggest the processing of offenders in the justice system has become a “riskmanagement strategy,” and then ask how correctional authorities are using intermediate sanctions to manage risk.

2. Referring back to the previous chapter’s thrust on the political environment in which corrections finds itself, ask students how the “get-tough-on-crime” philosophy has contributed to the rise of prison overcrowding.

3. Ask students to explain why the United States has the highest rate of incarceration of all the major countries.

4. Ask students to define intermediate sanctions and discuss the reasons for their rapid expansion in the field of corrections.

5. Ask students to identify the dominant characteristics of intermediate sanctions.

6. Ask students to define restitution and restitution centers and identify the correctional advantages of both.

7. Challenge students to define intensive supervised probation and identify how such programs would work. Then ask them if intensive supervised probation is effective.

8. Ask students to define community service programs, community work orders, and restitution programs, and identify their advantages for corrections.

9. Challenge students to define home detention and identify eight advantages of that program. Then ask how offenders on home detention might try to defeat correctional control.

10. Ask students if electronic monitoring has a role in preventing recidivistic spousal abuse. If the consensus is “yes,” ask students how such a program could be used.

11. Challenge students to define community residential treatment centers and identify five differing types. What clients do they serve?

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12. Ask students to describe day reporting center programs, and the advantages such programs have over probation with no special probation conditions. Are day reporting centers effective?

13. Select three intermediate sanctions and ask students how these serve the function of protecting society.

Thematic Questions 1. How can trial judges expand their scope of authority to deal with specific-problem offender categories? Use Drug courts and D.U.I. courts as examples.

Homework 1. Instruct the students to write a 3-4 paragraph essay describing which intermediate sanction is most effective for non-violent criminals.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Division programs include police, community, and court based programs designed to remove the offender from the system.

2. They are seen as the possible nuclei of community-based correctional networks of residential centers, drug-free and alcohol-free living spaces, prerelease guidance centers, and private-sector involvement with multiple-problem offenders in need of intensive services. They also serve as noninstitutional residence facilities for a number of different classes of offenders, most of whom are high-need offenders and pose a medium to high risk to community corrections. Originally, they were designed as residences for homeless men.

3. Concluded that the impact on prison crowding, offender behavior, and state correctional costs has been positive.

4. Boot camps are modeled after military boot camps, offenders are required to engage in strict discipline and a physical regiment. Aggressiveness is modeled, and little is usually done to address the criminogenic underpinnings with which offenders are struggling. Evaluations of boot camp programs do not generally support the alleged positive benefits of boot camps, and there is considerable evidence that boot camps are not effective in crime prevention.

5. Day reporting centers are a facility to which offenders are sent for scheduling and monitoring of their activities. Many also conduct risk assessments.

6. Drug courts are problem-solving court that requires drug offenders to participate in court-mandated treatment programs. It is a specialized court that offers and requires treatment specific to the needs of the offender. Emerging evidence of effectiveness is favorable.

7. Drug court, D.U.I. courts, veterans’ courts and courts designed for the mentally ill.

8. Many times juvenile drug courts are dealing with an offender with a serious problem unlike the adult drug courts.

9. Depending on the state, but many non-violent criminal offenders are suited for residential correctional facilities.

10. The goals of intermediate sanctions are providing effective social control, enhancing public safety, minimizing the costs of correctional programming, and 38

lessening the negative impacts of incarceration.

11. Restitution seeks to offset the victim’s loss and forces the offender to accept personal responsibility for the crime. Intensive supervised probation is designed to increase public safety and control over the actions and to lower recidivism of probationers who have a higher potential for failure and to conform to routine probation supervision. Community service programs avoid incarceration of minor offenders who are unable to pay fines.

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CHAPTER 7 CUSTODY FUNCTIONS CHAPTER OVERVIEW • The primary mission for any confinement facility, prison, or jail is to “protect the public.” That prime directive sometimes has been and still is carried to the extreme. Whether from fear, ignorance, apathy, or poor training, custody staffs are defensive of their role and tactics. Emotions in a high-security cell block can run high, with tensions spawning inappropriate behaviors on both sides of the bars. The custody staffs are the front lines of corrections and deserve utmost respect and appreciation for what they do. If the entire staff of an institution cannot work together, they will fail separately.

• Custody over another person came into being when the first tribal member was asked to guard a thief until punishment was meted out. The long history of custody far outstrips the short time that “treatment” has been on the correctional scene. Treatment has only been on the agenda of correctional management since the early 1930s in any seriously organized fashion. The long-standing battles between custody and treatment started at the beginning and have continued, sometimes subdued, since that time. Outwardly, although the basic arguments seem to be over one or the other philosophy of corrections, the differences are more often seen in conflict over budgets, manpower, and turf. Since custody comprises the largest part of that organizational system, we start with it.

CHAPTER OBJECTIVES • Outline the organizational structure of prisons.

• Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

• Describe methods for controlling inmate behavior.

• Explain the unit team and other methods designed to avoid compartmentalization.

LECTURE OUTLINE • Institutions: Bureaucratic Control o Despite technological and educational advances, the prevailing management climate for correctional institutions seems to be one of bureaucratic control, especially in long-term adult felony institutions. o Administration’s Problem: Punish, Control, or Rehabilitate? § The lack of coordination articulated for both within the correctional system and outside of it suggests some of the reasons correctional administrators are often harried and hampered in their efforts to secure, control, and rehabilitate inmates.

• Custody: A 24-Hour Impact o The term custody refers to the level of immediate control exercised over offenders within correctional institutions. The levels can range from supermax to maximum (or close) to medium and minimum.

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o Even though much better trained and educated correctional officers have now replaced the old-time prison guards in almost all prisons, many institutions still follow the same oppressive custodial procedures, especially in times of unrest. o Many prisons allow or even pursue prison conditions that exacerbate the impact of incarceration on inmates. They also negatively impact correctional officers.

Wardens and Superintendents o Wardens (sometimes called superintendents) are the chief executive officers of prisons and have management responsibility for attaining mission goals. o The warden’s primary responsibility is to manage the operations, supervisory staff, support staff, and inmates. o Wardens tend to “face outward” in their daily duties, dealing with politicians, administrators in the central office of corrections, the media, and interest groups. o Contemporary wardens are less powerful and exercise less authority than those in office before the period of massive prison litigation began, usually identified as 1970.

Correctional Officers and Jailers: On the Front Lines o Correctional officer refers to those women and men charged with control, movement management, and observation of the inmates in the jails and prisons of America. o Correctional Officer Attitudes § The past century saw the “get-tough-on-crime” advocates place new and greater demands on correctional officers to do more with less, with little or no recognition. § Teaching Tip: Show the video “Assault on Officers: Attitude Mistakes.” Cambridge Educational, 18 minutes. 1-800-468-4227. o Diminished Control § Correctional officer degradation is a recent phenomenon that has emerged largely as a result of court rulings and an increase in violence and gang (institutional threat group) membership among inmates. § It appears that the rights of correctional officers might have been neglected while correctional administrators conformed to litigation. § New legal standards have emerged, burying correctional officers in bureaucratic responsibilities. § Teaching Tip: Show the video “Other Prisoners.” Corporation for Public Broadcasting and The National Endowment for the Arts. o Unionization and the Correctional Officer § Unionization is the organization of correctional officers for purposes of improved work conditions or salaries. § Correctional officers have resorted to “blue flu,” the practice by uniformed personnel of taking sick leave en masse to back up their 41

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demands for improved working conditions, salary increments, and other items on their agenda. o Teaching Tip: Show the video “The Correctional Officer: Recognizing and Preventing Closed-Custody Male Sexual Assaults.” American Correctional Association.

Inmate Organization: The Social System o Prisons are total institutions in which the residents’ every moment, activity, movement, and option are carefully regulated by the correctional administrators. o The process of learning how to exist in prison—the appropriate attitudes and behaviors, the norms of prison life—is called prisonization. This process leads to the adoption of the folkways, mores, customs, and general culture of the prison. o As part of the process of prisonization, inmates learn codes and roles, and they are subjected to a reward and punishment system that encourages them to act like “good cons.”

Custody as a Way of Life o The assistant superintendent for custody or security programs, also known as the deputy warden for custody or the captain of custody in jails, is one of the most important figures in any correctional facility. o Preoccupation with counting and recounting prisoners makes it difficult to conduct meaningful programs or permit individualized operations. o Another function of the custody staff is to establish and maintain security procedures. o Discipline and Inmate Traffic Control § Prisoners’ movements are carefully planned and controlled in every detail. § The suggestion that when inmates are treated as if they are dangerous they will become dangerous is generally considered valid. § Recent studies of rule violation behaviors found that the pattern and types of misconduct were the same for males and females in a state prison, although levels of infractions were lower for women. § Teaching Tip: Show the video “Prison Tech: Keeping Order in Hell.” Films for the Humanities and Sciences, 49 minutes. 1-800257-5216. o Contraband and Shakedowns § In early years of corrections in America’s jails and prisons, contraband was officially defined as any item that could be used to break an institution’s rule or to assist in escape. In practice, the term usually ended up referring to anything the custody staff designated as undesirable for possession by the inmates. § Because the loss of contraband is the loss of power, searches and shakedowns are another source of potential conflict with inmates in security institutions.

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The most common type of search to prevent contraband entry into and movement within institutions is the frisk search. § The need for shakedowns (searching of an entire cell or cell block) is reduced when contraband rules are made realistic and humane; prohibiting such items as family pictures and toothpicks creates a needless irritant. o Teaching Tip: Show the video “Correctional Officer Training: Principles of Security.” (1993). Cambridge Educational, 18 minutes. 1-800-4684227. o Teaching Tip: Show the video “On the Inside: Hostage Negotiations.”

(2001). Cambridge Educational, 52 minutes. 1-800-468-4227. o Teaching Tip: Show the video “MSNBC “Lock-up: Holman: Extended Stay – The Shakedown” (2007). Season 3, Episode 10.

Prevention of Escape o Escape (flight of a confined person from an institution) and riots are serious concerns for administrators, however most escapees are recaptured quickly. They were mostly walkaways from minimum-security or community programs and represented only a miniscule percentage of the average daily population. o The conception of inmates as highly dangerous, when coupled with the extreme overcrowding of institutions, increases the concern of many correctional officers about the possibility of escape. o Technology to Prevent Escapes: Electrified Fences § The move to replace continuously staffed guard towers with lethal electrified perimeter fences could very well become a national trend because of state governments’ urgent need to reduce operating costs. o Project Costs and Operational Savings § The construction cost of electrified fences varies depending on the perimeter length and site-specific conditions at each prison. o The Military Model § The need for an organized and effective custody and control force in jails and prisons has instilled a paramilitary flavor in most security staffs. § The paramilitary model is seen in the uniforms, titles, and procedures of custody personnel.

Unit Team and Other Methods to Avoid Compartmentalization o The obvious dichotomy between custody and treatment must be erased and greater recognition given to the fact that each is supportive of the other. o This kind of activity has been instituted in many institutions as unit team management, in which all members of the team of a given cell block, tank, pod, or wing work as a team to provide custody, support, and rehabilitative services in a single coordinated package.

Upgrading Correctional Personnel

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o A primary goal for the correctional system is the recruitment, training, and retention of employees who are able—physically, emotionally, educationally, and motivationally—to work as a team. o Teaching Tip: Show the video “Correctional Officer Training.” Impact Publishing. 60 minutes. http://impactpublications.com/browseproducts/ Emerging Demands on Prison Managers o In recent years, increasing questions have been raised about other but usually unattained goals: reduction of recidivism and inmate rehabilitation.

Teaching Tip: Invite a jail or prison sergeant (or higher-ranking officer), correctional officer, prison warden, or deputy warden as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Discuss the nature of bureaucratic control in institutions, focusing on the need for order and safety.

2. Explain how the political and legal environment of the prison has changed in the last 25 years, and what impacts this has had on correctional staff over the last 25 years.

3. Explain the concept of prisonization and how this process appears in newly opened institutions.

4. Describe gang activities on the streets of your town or larger jurisdiction in your state, and detail the kinds of street-gang crimes in that jurisdiction.

5. Describe the ongoing criminal enterprises of institutional threat groups in a maximum-security facility, and identify how and why such gangs impact the inmate social systems.

6. Explain at least three steps prison administrators are taking to control institutional threat groups.

7. Explain both Supermax facilities and Special Housing Units, tying institutional threat groups into the explanation of facility disturbance. Focus on the limited privileges and mobility restrictions on gang members and correctional objectives.

8. Discuss the prison riot as a breakdown in the custody procedures in prison.

9. Define escape and identify the major categories of inmates who attempt flight.

10. Discuss unit team management and describe its advantages.

11. Discuss assault of inmates on inmates, and inmates on correctional staff. What can be done to minimize repetition of these assaults?

12. Upgrading personnel assumes a higher caliber of correctional officer who is more thoroughly trained will result in professional management of prisons. What bureaucratic features could work against this assumption?

Class Activities 1. Ask students why custody concerns outweigh all other functions within prisons.

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2. Ask students what time management means and how this custody issue allows correctional administrators to manage prisons.

3. Organize students into two groups and challenge them to develop a plan for increasing the number of custody staff by 5% without an increase in budgetary allocations.

4. Ask students to describe wardens/superintendents of adult prisons.

5. Ask students to define custody and identify ten controls over inmate populations.

6. Ask students to define the major custody levels of institutions, and discuss the custody concerns at every level.

7. Challenge students to detail five major ways that inmates might earn their way to release.

8. Ask students to outline six steps necessary for a correctional officer to earn promotion to the rank of warden.

9. Ask students to define the term prisonization and the rewards that accompany learning how to live in prison.

10. Challenge students to identify five major security threat groups in your state’s prisons, and then describe their beliefs and functions.

11. Challenge students to develop a policy for assignment of incoming inmates to cell quarters without violating legal strictures against segregating by race/ethnicity.

12. Ask students to describe the role of recidivism among prison gang members, and how reoffending or parole violations can and do affect institutional crowding.

13. Ask students to define lockdowns, the count, sally port, and shakedowns. Identify the need for each term.

14. Ask students how correctional staff can control/limit drug use in prisons. Ask students if they believe most prisons are effective at this process.

15. Ask students how to best control contraband, and what techniques they would use to control contraband within prison.

16. Ask students what technologies might be used to prevent escape, and what institutional procedures limit inmate flight.

17. Structure a debate on the following: Electrified fences that surround a prison are tantamount to executing an escaping inmate.

18. Ask students to describe those inmates most likely to violate institutional rules.

Challenge students on what should be done to these specific inmates.

19. Ask students to identify and then rank various nonlethal approaches to inmate control in prison.

20. Ask students what is meant by compartmentalization, and how its occurrence can be minimized.

21. Describe an unsuccessful inmate assault on a correctional officer and then ask students to develop an ideal process for responding to the assault.

22. Identify the turnover rate of correctional staff in your state and ask students to explain this high rate. If the rate is low, ask what is contributing to the low rate when other correctional systems have much higher rates.

23. Ask students what should be done to inmates that assault correctional staff?

Should the inmate be charged again within the criminal justice system or be charged internally with rules violations?

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24. Ask students to answer the question of whether correctional officers are paid adequately in your state. If the consensus is “no,” identify the fringe-benefits package that accompanies such employment and ask students if it exceeds that of their own employment or of their parents.

Thematic Questions 1. Define correctional officer and discuss five of their major concerns as custody staff.

2. Ask students to identify ten functions performed by correctional officers.

3. Challenge students to describe the social characteristics of correctional officers.

4. Ask students to identify five major factors that have contributed to the unionization of correctional staff.

5. Ask a prison intelligence officer (or specialized law enforcement officer) to guest lecture and describe his or her contribution to public safety through gang suppression.

6. Describe the major mechanisms for importation of drugs into a prison, and discuss strategies for interdicting drugs, including intelligence and technological measures.

7. Why is the military model the most dominant practice in prison custody?

Homework 1. Assign students to locate an article on the prison chaplain and submit a oneparagraph statement of the duties described.

2. Assign students to locate an article discussing the pay for correctional officers and submit a one-paragraph statement on the perception of the article.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The inmate population is usually controlled by a combination of coercive rules that are intended to prohibit certain kinds of behavior and punishments that are imposed when the rules are broken. Bureaucratic organizations are insulated by all kinds of documented rules, regulations, and procedures, and violations are quickly punished in the name of equity and control. The system is currently in conflict with the rehabilitation process.

2. Prison guards were once hired off the street and trained on the job. Most states now offer extensive pre-service training to ensure a minimal level of competence in the officers before they are placed on the job; all states require at least minimal pre-service training. Correctional officers serve in a variety of prison conditions across the nation. Little attention has been directed to them as actors in a correctional facility, yet they are a major part of the prison situation. When they enter into correctional academies prior to employment, a training program designed to introduce them to their functions and duties as a correctional officer, they learn that inmates are not to be trusted, are dangerous, and might be less than human beings.

3. The need for an organized and effective custody and control force in jails and prisons has instilled a paramilitary flavor in most security staffs. The adoption of militaristic organizational structures and procedures early in corrections history 46

made it easier to train a force with limited background to do a specific job.

4. Regardless of the approach to the problem, some aspect of operations will suffer.

If improvement requires an increase in the number of security guards, the administrator must obtain the necessary funds by decreasing the support for a treatment or other type of program; and if the administrator tries to amplify the treatment programs, it must usually be done at the expense of the custody staff 5. Inmates go through a process called prisonization, which is the process of adopting the culture of the prison. These harsh prison conditions also have pronounced impacts on staff, including high blood pressure, stress, impaired hearing, obesity, mental health issues, and cardiovascular disease. Correctional staff members in harsher conditions of a prison have increased drinking and smoking levels, and increased sick leave among officers.

6. Correctional officers training, education, working conditions, and unionization have all impacted staff in a mostly positive way.

7. Unit team management is a control method in which all members of the team of a given cell block, tank, pod, or wing work as a team to provide custody, support, and rehabilitative services in a single coordinated package.

8. The high walls, corner towers, and armed guards are external signs of preoccupation with escape. The nature of most jail and prison populations, although changing to harder types, does not seem to justify that model. Escape (flight of a confined person from an institution) and riots are serious concerns for administrators, however, and although in 2011 there were about 2,050 escapes and 3,417 returned escapees; most escapees were recaptured quickly. Seasoned superintendents know that frequent escapes will be extremely damaging to their records, and so their extreme measures to prevent them are directed toward all prisoners, rather than toward the few who might actually try to escape.

9. Providing correctional staff with a career ladder, offering specialized training for correctional officers, and rewarding competent workers increasingly leads to better staffed and trained workers and, subsequently, safer working conditions.

10. At most of the facilities included in the California Statewide Electrified Fence Project, traditional perimeter guard towers are spaced at distances that allow correctional officers to use deadly force to prevent escapes. At newer facilities, as many as 10 towers (or 48.3 staff positions over three watches) can be deactivated.

Using lethal fences greatly reduces the need for armed tower staff, for the fences can stop escapes by stunning or killing the inmates.

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CHAPTER 8 SECURITY THREAT GROUPS AND PRISON GANGS CHAPTER OVERVIEW • Originally known as “prison gangs,” contemporary correctional practice is to use the broader term of “security threat groups,” although on occasion the term “prisons gangs” is used (as per the published source). In this chapter we deal with a number of criminal gangs, their activities, threats, and management issues. We focus on the creation of prisons gangs, now collectively known as prison security threat groups. In addition, we focus on the extent of cooperation and collective actions perpetrated by these groups, with a brief historical discussion of their formation.

CHAPTER OBJECTIVES • Summarize the threat of prison gangs within prison and after release from confinement.

• Explain the basic history of gang development and gang differences.

• Identify the scope of criminal activities perpetrated by prison gangs.

• Explain the role of intelligence and interdiction/control in coping with security threat groups.

LECTURE OUTLINE • Security Threat Groups o STGs are criminal organizations that originated within the penal system and operate within correctional facilities throughout the United States, although released members may be operating on the street. o In broad stroke, criminal gangs, regardless of their location, fall into five categories of offenders: street gangs, prison STGs, outlaw motorcycle gangs (OMGs), one percenter OMGs, and neighborhood/local street gangs. o Teaching Tip: Show video “MSNBC “Lock-up: Indiana State Prison: Extended Stay: Brotherhood” (2009). Season 6, Episode 5. (http://nbcuniversalstore.com) • History of Gang Development and Gang Differences o During the period of the 1960s and 1970s, prison gangs tried primarily to unite inmates both for self-protection and for monopolization of illegal prison operations, all for monetary gain. o In the 1980s, inmates described themselves as political prisoners and assumed the role of liberators of the oppressed. o Correctional administrators decided to lessen that activity by isolating gang leaders through segregation and developing highest-security secure housing units (SHUs). o Teaching Tip: Show video “National Geographic Hard Time” (2006).

Season 4, Episode 1. (http://shop.nationalgeographic.com).

• Identifying Prison Gang Members 48

•

•

•

o Many (but not all) gangs are racially or ethnicity oriented. o Identifying a gang member is relatively easy but requires gathering of intelligence to be accurate. o Correctional investigators focusing on identifying gang members look for the following: admitting gang membership, identification by others, informants, arrested in the company of known gang members, lived in or frequented gang crime zone. o Major Hispanic STGs include La Eme, the Texas Syndiacte, the Niñtas. o Non-Hispanic STGs include the Crips, Bloods, Black Guerilla Family, “Folk Nation,” “D.C. Blacks.” o Caucasian STGs include the Aryan Brotherhood and the Nazi Low Riders o Teaching Tip: Show video “National Geographic Lockdown Gang War” (2006). (http://shop.nationalgeographic.com).

Criminal Acts of STGs o It should be remembered that STGs’s criminal activities are intended to generate cash and assets. o They practice blackmailing, kidnapping, extortion, and violence, the latter to cement their control over a criminal activity. o It is not unusual for imprisoned gang members to threaten, kill, blind, and intimidate correctional officers, minimizing correctional order and control. o Teaching Tip: Show video “MSNBC “Lock-up: San Antonio: Extended Stay: Heartless Felons” (2012). Season 15, Episode 7. (http://nbcuniversalstore.com) Managing STGs in Correctional Facilities o Managing STGs within a correctional facility is a complex process, primarily due to the need for exact information and the need for an evidence-based classification system. o Interdiction will lead to gang suppression and inmate segregation. Another intent is to weaken gang ties and influence and prevent acts that would endanger others and the institution’s order, staff, and other inmates. All such activities are intelligence functions. o The early identification of suspected gang members would require detailed information overseen by an institutional gang investigator, a highly skilled and articulate correctional officer to whom relevant information flows from correctional and justice personnel. o Programming to prevent future criminal behavior and lessen inmate involvement in prison gangs exists. o Teaching Tip: Show video “MSNBC “Lock-up: Cleveland: Extended Stay: X’D Out” (2013). Season 16, Episode 1. (http://nbcuniversalstore.com) Teaching Tip: Invite a jail or prison sergeant (or higher-ranking officer), local correctional officer (familiar with security threat groups), prison warden, or deputy warden as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

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ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Define what is considered a security threat group within the prison system.

2. Point out the history of prison gangs and gang culture.

3. Identify the major prison gangs within American prisons. What is the mission or purpose of each gang?

4. Illustrate how correctional staff handles security threat groups and gangs within the prison system.

5. Explain how security housing units are used to control the gang population within the prison system.

6. Name five items correctional investigators look for when focusing on gang membership within the institution.

7. Explain the term “Bad News List” as defined within the textbook.

8. What is a step-down program and how is the program used within various prison institutions?

9. Describe various prison tattoos and their meanings.

10. Describe the functions of a correctional investigator.

11. Explain the role of intelligence in coping with prison gangs.

Class Activities 1. Ask students to name three major prison gangs and how they impact the correctional system.

2. Ask students what are the national trends regards security threat groups.

3. Set-up a debate arguing how verified members of a security threat should be house. Have one side argue these members should be housed in secured housing and have one side argue integration is a better method.

4. Ask students what a correctional investigator should look for when determining if an inmate is a member of a prison gang.

5. Define the term interdiction and have the class explain an incident when an interdiction is appropriate.

6. Ask the students how prison gangs can influence gangs on the streets. What can be done to limit these communications?

7. What is the Texas Syndicate and how does the security threat group operate within the prison system.

8. Ask the class to explain the concept of a one-percenter and how these individuals affect the prison system.

9. Challenge the class to determine different mechanisms security threat groups use to communicate with one another in prison.

10. Ask the students how gangs have impacted correctional corrupt in the past and what was done to eliminate corruption within the institution.

11. Ask students how younger and new inmates are vulnerable to security threat groups and what steps can be taken to limit vulnerabilities from younger inmates.

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Thematic Questions 1. Challenge the class to develop a comprehensive plan for dealing with security threat groups in a local prison.

2. Challenge the class to develop a comprehensive plan for dealing with security threat groups in a California State Prison, which have already been established and threats to staff and other gangs have been discovered.

Homework 1. Assign students to locate an article dealing with a prison security threat group and submit a three-paragraph statement on their perception of the article.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Security threat groups are criminal organizations that originated within the penal system and operate within correctional facilities throughout the United States, although released members may be operating on the street. The gangs are also self-perpetuating criminal entities that can continue their criminal operations outside the confines of the penal system.

2. The NGIC reports that gangs are increasingly committing non-traditional gangrelated crime (prostitution, assaults, kidnapping, murder, smuggling and human trafficking) and engaging more in such white-collar crime as mortgage fraud, identity theft, and counterfeiting.

3. Security threat groups can cause correctional corruption, commit institutional rule violations, commit violent crime, and threaten staff.

4. One approach is using the secured housing unit and isolating security threat group members to avoid the potential conflict, crime, and rules violations. Any inmate scoring 10 points is classified as a gang member and most likely will be placed into single-cell isolation in a maximum-security unit in the prison SHU for an indeterminate period of time (typically six years).

5. Institutional gang investigator (IGI), a highly skilled and articulate correctional officer to whom relevant information flows from correctional and justice personnel. Through this officer, information allows correctional personnel to make in- formed assessments of the inmate’s behavior, 6. The inmate under classification admits to being a member of a particular STG. Other inmates (and law enforcement officers) identify a given individual as being a member of a STG. This usually requires a reliable informant. Even informants with as yet unproven reliability might identify the individual and STG to which he belongs, with another source making the same identification. The inmate may have been arrested in the company of other known gang members, committing crime reflecting gang activity (execution, drug trafficking, human trafficking, extortion, and other criminal acts). An incoming prison inmate lived in or frequented a gang crime zone known to evidence gang activity.

7. Programming to prevent future criminal behavior and lessen inmate involvement in prison gangs exists. Inmates received at the institution are given “Advisement of Expectations” at their entry, shown a Gang Diversion Video, and participate in a variety of gang diversion programs including such programs as “Alternatives to Violence,” “Thinking for a Change,” “7 Habits on the Inside,” “Cage Your Rage,” 51

“Gangs Anonymous,” and “Breaking Barriers.” The effectiveness of these modalities alone or in combination is still unclear.

8. Interdiction will lead to gang suppression, and inmate segregation. Another intent is to weaken gang ties and influence, and prevent acts that would endanger others and the institution’s order, staff, and other inmates. All such activities are intelligence functions.

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CHAPTER 9 MANAGEMENT AND TREATMENT FUNCTIONS CHAPTER OVERVIEW • In Chapter 7, we focused attention on such custody issues as contraband, security, personnel, custody, and discipline. These issues are, understandably, the dominant concerns of correctional administrators and their management staff, and they consume great amounts of administrative time as well as large fiscal allocations by state or local correctional institutions. That led us to explore the development of management styles in corrections and the application of those styles to the major strategic processes of corrections—custody and treatment. Custody was seen as having a long history of a bureaucratic style of management.

CHAPTER OBJECTIVES • Summarize the security and custody functions within a correctional facility.

• Summarize various treatment programs within a prison, including prison labor.

• Explain the three pervasive themes that have run through correctional management.

• Differentiate between classification for security versus classification for treatment.

• Explain how inmate needs are identified.

• Summarize treatment issues associated with inmate health care and programming.

• Explain how prison programs and the vocational model can lessen recidivism.

LECTURE OUTLINE • Custody-Treatment Conflicts o Correctional leaders must contend with staff members who are typically bifurcated into those who are mainly concerned with security and custody and those who are concerned with programs and treatment. o Teaching Tip: Show the video “Correctional Perspectives: The Staff’s View.” American Correctional Association.

• The Treatment Model o Treatment services generally include those areas in which inmates often have deficits, including but not limited to vocational training, education, substance abuse, sex offender behavior, violence reduction interventions, mental health services, counseling, religious activities, chronic and acute medical problems, therapeutic communities, and other clinical activities, and are believed to play a significant role in offender rehabilitation. o Due to the inherent nature of conflict between the major thrusts of the institutional mission and the rehabilitative treatment staff, many progressive incarceration systems have embraced what is frequently known as unit team management o Teaching Tip: Show the video “Direct Supervision.” American Correctional Association.

• Perceptions and Correctional Management 53

• •

•

o Three pervasive themes have run through correctional management. o First, is the correctional administrators’ perceptions of offenders as morally, psychologically, physically, and educationally inferior human beings who must be upgraded and, in the meantime, controlled. o A second persistent attribute of correctional management has been a gradualism approach to program development and change. o The third and final theme, which has its roots in the prison culture of the past and still runs through correctional management today, is the syndrome of isolationism and withdrawal.

Classification for Security and Treatment o Classification is the process of dividing an inmate population into manageable groups for custody and treatment purposes.

Identifying Inmate Needs o A security-oriented concept of classification often excludes inmates from participation in programs that could lead to their rehabilitation. o Their early treatment, in fact, may be restricted to health care, an essential program because most offenders are in poor physical condition when they enter the institution.

Treatment in Prison o The treatment model for corrections is seen in the three basic services first offered to prisoners: religious, medical, and educational. o Health and Medical Services § Medical services are often a source of inmates’ complaints and frequently become a real headache for administrators. § Major medical problems now commonly faced by jail and prison inmates are hepatitis A and B, HIV infection, mental illness, geriatric issues, prenatal care, rubella (measles), and drug-resistant tuberculosis. § As early as 1988, it was recognized that about 80 percent of all state prison inmates had been serious alcohol and drug abusers. § In 2007, an estimated one-third of state and federal prison inmates reported having a physical impairment or mental condition. § Teaching Tip: Show the video “Getting Straight: New Hope for Drug Treatment.” Films for the Humanities and Sciences, 1-800257-5216. o Smoking § Smoking in confinement facilities has become a major issue in corrections, primarily due to related medical treatment, lawsuits, and service costs. § Across the nation, most states have restricted smoking to designated open-air spaces or have implemented total institutional bans. o Religious Assistance and Services § From 1790 until today, one service that has traditionally been available to the incarcerated felon is religious assistance and guidance.

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Not well known by the public is the range of services, types of counseling, guidance, and innovation offered by chaplains within prisons. § The new and growing special interest groups inside prisons—those whose religious orientation is toward a particular ethnic group, culture, or subculture—do not accord with the traditional religious outlets. o Educational and Training Programs for Inmates § In most state correctional systems, education of incarcerated inmates is a legislative mandate. § Today, most inmates are able to achieve at least a high school education (or the GED, the high school equivalency certificate or general equivalency diploma) through institutional programs, and the more progressive institutions are offering courses at the twoyear and four-year college level. § One of the first barriers to effective educational programs is the problem of administrative considerations: operational requirements, security needs, shortage of teachers, shortage of educational materials, tight budgets, and a lack of inmate motivation § Some educational services thrive and contribute to the inmates’ rehabilitation.

The Vocational-Rehabilitation Model o Vocational and technical training in prisons has been available to prisoners ever since the industrial prison was established in the early 1800s. o A major setback to adequate vocational training came with the passage of restrictive federal laws on the interstate transport of prison industry goods. o The current prison industry system is the state-use system in which prison labor produces items that do not enter the open market and are instead sold to state-run institutions, facilities, and agencies.

The Reintegration Model o Efforts at reformation and reintegration into the community must continue. o Perhaps the most effective of therapies is cognitive behavioral intervention, an approach that focuses on the ways in which offenders think. o Another popular interventional program in prisons is the therapeutic community. o The main objective of the reintegration model (or now often called “reentry”) is to return the offender to the community as a responsible and productive citizen rather than as a feared and shunned “ex-con” with little hope for success. o Prisons and Recidivism § Despite the tremendous amount of money spent on prisons and prison programs, recidivism remains stubbornly high.

Teaching Tip: Invite a prison chaplain, prison educator, prison counselor, and/or prison physician as a guest lecturer.

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LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Point out that the primary role of custody in prison is to protect society, and then ask students what the primary role of treatment would be.

2. Explain the need for custody staff to be present 24 hours a day, 7 days a week, all year long. What impact does minimal critical staffing have on budgetary matters?

3. Discuss the tendency of institutional corrections to drift from fad to fad with inadequate indicators of the effectiveness of such programs.

4. Describe the intake/classification process in your state or jurisdiction.

5. Point out that inmates have a constitutional right to receive medical attention, as they cannot secure it on the outside. The state thus has a ministerial duty to provide adequate medical treatment.

6. Define the term reclassification and the purpose of reclassification within correctional institutions.

7. Explain the costs associated with delivery of medical services, and the implications of an aging population on costs in the future.

8. Identify the roles of the prison chaplain and discuss challenges that the chaplain has in ministering to prison inmates.

9. Discuss the need of prison management for inmate maintenance and repair of the prison, and explain the implications of this need on inmate treatment.

10. Define the “reintegration model” and its assumptions about the role of corrections.

Class Activities 1. Ask students to define treatment and identify ten types of treatment services.

2. Ask students to identify a career ladder for correctional treatment staff.

3. Ask students what implications the treatment model has for the assumptions about the nature of offenders in prison.

4. Ask students how management’s traditional conservatism has discouraged innovation in treatment programs.

5. Describe a particular inmate’s case and characteristics, and ask students to describe that inmate using both external and internal classification. If the inmate is “low risk” and “high need,” ask students to identify a treatment plan that would address those needs.

6. Challenge students to reclassify the inmate from the previous Class Activity in an annual inmate review and, assuming the inmate has successfully completed some program(s), what next steps should be undertaken to reduce the “high needs.”

7. Ask students to define classification as custody and a treatment process, noting how custodial concerns can impact treatment.

8. Ask students to determine what quality of medical treatment must be provided and inmate avenues for redress when the quality is inadequate.

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9. Ask students what inmate medical history problems pose challenges to prison administrators.

10. Ask students to develop a policy for handling HIV-infected inmates in prison.

11. Ask students to describe five common medical needs of prison inmates.

12. Organize a class debate on this statement: No one should be allowed to receive discretionary parole until demonstrating they are functionally literate.

13. Ask students to identify prison industries and products, and show how prison industries can lead to lowered recidivism.

14. Ask students to identify those forces and elements that reduce the potential for prison industries to ease the inmate’s re-entry.

15. Ask students which treatment programs reduce recidivism after inmate release, and how these programs can be offered in prison.

16. Challenge students to design a treatment program for heroin users that can be delivered in the prison and continued after release.

Thematic Questions 1. Challenge the class to develop a comprehensive plan for dealing with inmates with severe medical issues.

Homework 1. Assign students to read an article on imprisoned mothers and submit a twoparagraph statement on the benefits of mother–child interaction.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Part of the disproportionate allocation of resources results from a basic difference in nature between treatment and custody operations. Staff on the custody side must work 24 hours a day, 7 days a week, 365 days a year. Prisons do not close in observation of national or religious holidays. Furthermore, some inmates are mobile within the correctional facility at all hours of the day or night; inmate-toinmate violence occurs hourly; and there is never silence in the general population, regardless of the hour. Treatment staff members, on the other hand, usually work only eight hours a day, five days a week, and have holidays, vacations, and weekends off.

2. Classification is a relatively recent management innovation in corrections and can be found more often in probation and parole supervision situations than in jail and prison facilities. The classification process can frequently intensify the conflict between treatment and custody staff if it is not carefully handled. In most correctional classification processes (either at the individual institution or at a central classification facility), concern lies more with the danger the new inmates might present to the institution than with the possibility that they might respond to treatment. As a result, new inmates are often assigned to higher custody grades than their backgrounds warrant, until they can prove themselves. This securityoriented concept of classification often excludes inmates from participation in programs that could lead to their rehabilitation. Their early treatment, in fact, may be restricted to health care, an essential program because most offenders are in poor physical condition when they enter the institution.

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3. Classification is the process of dividing and assigning incoming inmates into meaningful categories for assignment to institutions and programs. External classification is the process leading managers to assign inmates to an institution.

Internal classification is the Process of assigning inmates to types of programs and work and cell locations. Reclassification is the process by which inmate control and programming are changed.

4. Simplistic or erroneous conceptions of the nature of crime and its treatment have flourished, partly because of the lack of effective spokespersons for more sophisticated interpretations, especially at times of “opportunity” when conflict or crisis has awakened the interest of an otherwise apathetic public.

5. The correctional chaplaincy has been and is currently the least-sought-after position among ministers, who evidently prefer to serve more conventional congregations. Part of the problem, too, is the remote location of most prisons and a widespread public belief (shared by many administrators) that religion in prisons should be confined to the chaplain’s traditional duties. Not well known by the public is the range of services, types of counseling, guidance, and innovation offered by chaplains within prisons.

6. Prison inmates with both drug abuse and psychopathological problems engaged in more frequent preadmission illegal behaviors, had more extensive social impairments, and were found to have higher motivation for treatment. However, motivations can vary from showing the parole board a better attitude, to being released from their cell.

7. Five health problems include, but are not limited to H.I.V., Tuberculosis, Hepatitis A, Hepatitis B, and mental health problems.

8. The chaplains attempt to offer ecumenical services and try to provide worship for all prisoners.

9. Education decreases recidivism upon release from jail or prison.

10. Furloughs are release from custody for a discrete and prescribed amount of time for specific reasons, with prior formal authorization by prison authorities. Many times they involve educational opportunities.

11. Most jobs involve the vocational trade many times involving the prison industry.

12. The most effective of therapies is cognitive behavioral intervention, an approach that focuses on the ways in which offenders think. Thinking includes a wide array of skills and processes, such as problem-solving skills, the ability to empathize with others and victims, the ability to formulate and then achieve plans for the future, and the ability to foresee the consequences of one’s own behavior.

13. A review of the findings and conclusions evident in this chapter indicate that security functions within a correctional facility frequently prevent effective treatment and management functions. Prisons are expected to provide control and rehabilitation; control and custody are the main but not only functions of incarceration.

14. Through risk-assessment instruments.

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CHAPTER 10 JAILS AND DETENTION FACILITIES CHAPTER OVERVIEW • Now that we have explored the custody, management, and treatment functions of institutions, it is time to examine the major forms of imprisonment, starting with jails. The vast majority of offenders begin their journey through the correctional system in a jail or detention facility. For some, this is the last stop, whereas for others, it is only the beginning.

• This chapter provides an overview of one of the most used sanctions in the correctional system: the local jail. Clearly our nation has developed many different processes and institutions to meet the primary mission of corrections, that is, to protect society. This chapter takes an in-depth look at local jails and detention centers as the very first step in an often long and winding road taken in the name of justice. That path will eventually result in most of the offenders returning to society, having paid a debt for crimes committed, large or small. The “scales of justice” attempt to balance the crime and the appropriate punishment, and this process starts with apprehension by the police and booking at a local facility.

• As the student will discover, of all the institutions through which offenders pass on their way through the correctional funnel, none has a more diverse population (or a more sordid past) than the jails. Jails are confinement facilities, usually operated by a local law enforcement agency, for holding detained persons pending a hearing or trial and/or persons committed after conviction for less than one year (although there are some exceptions to this practice, most notably in Texas). The jail is the first institutional contact within the criminal justice system that most accused adult males and females (and many juveniles) experience. Most jails are small, although some are huge. For example, Los Angeles County operates the largest jail system in the free world with about 171,000 offenders per year going through its doors. Whether large or small, however, jails are predominantly city, county, or regional facilities, funding for which can be erratic and unpredictable.

And, as we will discover, jails serve as the primary mental health system in our nation.

CHAPTER OBJECTIVES • Outline the history of jails.

• Describe the characteristics of jail inmates.

• Summarize the design and supervisory options in jails.

• Summarize issues in jails.

• Summarize pretrial services and other alternatives to jail incarceration.

• Describe the various types of pretrial release.

LECTURE OUTLINE • Jails: A Grim History 59

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o The processes and practices at the local gaol, lockup, workhouse, stockade, hulk, or detention center changed little over the centuries, until about the mid-1900s. o The early jails in America were similar to those in Europe. Most were composed of small rooms in which as many as 20 to 30 prisoners were jammed together. o Felons, misdemeanants, and those awaiting trial make up the major population of jails. However, additional categories of jail inmates include persons with mental illnesses for whom there are no other facilities, parolees and probationers awaiting hearings, federal prisoners awaiting pickup by marshals, and offenders sentenced to departments of corrections for whom there is not yet space but who cannot be released. o Teaching Tip: Show the video “MSNBC “Lock-Up: Maricopa County: Extended Stay: High Stakes” (2010). Season 10, Episode 4. (http://nbcuniversalstore.com).

Jail Populations and Characteristics o There is quite a difference between the one-cell lockup of a small town and the gigantic facilities of New York City and Los Angeles. o Over 21 percent of the 3,328 U.S. jails hold fewer than 250 inmates in 2012, yet the 276 mega jails (populations over 1,000 inmates) held 48 percent of all jail inmates. o Six in 10 of the persons jailed are there pretrial, about 10 percent have been found guilty but are as yet not sentenced, and the remainder are actually serving sentences. o For those persons held in the nation’s jails in midyear 2012, there were 22 percent more whites than blacks, but blacks were still disproportionately represented. o Teaching Tip: Show the video “The Second City: Inside the World’s Largest Jail.” (1996). Cambridge Educational, 56-minutes. 1-800-4684227.

The New-Generation Jail o The new-generation jail is a facility designed for maximum interaction between the staff and inmates. o The new podular/direct supervision created a common area within a ward of the jail (pod) with a jail officer intermingling with inmates within a cell block, within a common room and connecting corridors. o The direct supervision/strategy is believed to reduce inmate violation of and formal processing for contraband possession, destruction of property, escapes, insolence, suicides, and violence problems. o Teaching Tip: Show the video “Direct Supervision.” American Correctional Association.

The Jail in Context o The Problem with Overcrowding § Already overcrowded and difficult to control, many jails have become dumping grounds where little is accomplished other than locking up and feeding the population.

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Many of our largest jails are under court order to limit population and to improve specific conditions of confinement § Most jail administrators acknowledge that all flexibility in a jail, with regard to classification and housing, is lost when the jail is at 90 percent of capacity. § Teaching Tip: Show the video “Lock-Up: The Prisoners of Rikers Island.” Films for the Humanities and Sciences, 1-800-257-5216. o Problems with Personnel § Most jails are operated by the law enforcement agency that has jurisdiction in the particular area. § Because many of the full-time jail personnel are county police officers, dedicated to putting offenders into jail, the primary emphasis is on custodial convenience rather than correctional services. § Teaching Tip: Show the video “MSNBC “Lock-up: Orange County Jail: Inside L.A. County” (2009). Special Episode 116. o Jail Standards § Many argue that given the diversity of size and function, not to mention funding disparity, it is difficult to implement standard criteria. However, at least 21 states report having some jail standards, with all but four being mandatory. o Health Care in Jails § During the past two decades, the health care of jail inmates has been the subject of endless litigation, included in civil rights mandates, addressed through court orders, and mandated through state regulation. § It is estimated that about 44 percent of jail inmates have a mental health problem. § Teaching Tip: Show the video “Diverting the Mentally Ill from Jail.” Films for the Humanities and Sciences, 1-800-257-5216.

Alternatives to Jail o Extended confinement of presumed innocent persons, as with pretrial detention of the nonadjudicated felon later found not guilty, is a serious problem. o Fines § Cynical inmates often refer to fines as price-tag justice. § In the case of misdemeanor offenses, the fine is in many cases offered as an alternative to a period of confinement, meaning the offender who cannot pay is confined, in effect, for being “poor” rather than for being “guilty.” § Courts have increasingly begun to use community service and fines and, in some jurisdictions, day fines (a sliding dollar amount determined by the offender’s daily wages). o Weekend Confinement § Some jurisdictions permit sentences to be served during nonworking weekends.

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o Community Work Orders § Sentencing judges sometimes order misdemeanants to perform a period of service to the community as a substitute for or in partial satisfaction of a fine.

Alternatives to Jail at the Pretrial Stage o Experience with alternatives to jail has indicated that many (but not all) people now incarcerated could probably be released safely and economically, pending disposition of the charges against them. o Pretrial Release § Most Americans who are arrested are given the opportunity to make bail. § In larger jurisdictions, pretrial diversion programs afford the defendant the opportunity to be released on their “own recognizance,” eligibility for which is usually based on two factors: risk to the community and failure to appear.

Teaching Tip: Invite a sheriff, director of jail programs, mental health coordinator for jails, correctional officer from a local jail, and/or John Howard Society representative as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Describe the history and impact of the John Howard Association on local jails.

2. Describe the growth of the jail population and why the concept of capacity is important.

3. Point out the disproportionate concentration of African Americans in jails and challenge the class to explain the representation. If the consensus is “racism in action,” or “result of the War on Drugs,” ask students to explain the high proportion of African Americans arrested for crimes of violence. If the consensus is “high rate of criminal activity,” ask students to explain the high proportion of arrests for drug possession.

4. Explain correctional supervision of jail inmates outside the jail facility, and explore cost avoidance of such programs.

5. Explain the traditional jail operations, and the development of the new-generation jails through the direct supervision jail.

6. Describe some of the efforts to reduce jail overcrowding, beginning with diversion through purchase of alternate facilities.

7. Describe jail standards and their impact over time.

8. Describe the major alternatives to jail confinement, noting the advantages and disadvantages of each.

9. Point out that jail incarceration disables offenders but also can rupture community ties. In the case of dependents, jail incarceration may also punish the offender’s family.

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10. Describe the presumption of innocence and how this concepts effects jails within the correctional system.

Class Activities 1. Ask students to define the jail and identify inmates by legal category.

2. Ask students why jails are frequently referred to as the largest mental health facility in the county. Why is this characterization mostly true?

3. Ask the class to explain why only 25 jails in the nation hold one in three jail inmates.

4. Ask students to characterize the jail population along social dimensions.

5. Challenge students to explain the forced inactivity of jail inmates.

6. After examining extramural supervision of jail inmates, ask how decision makers can identify which inmates should participate in such programs.

7. Ask students to describe traditional (“first-generation”) jails and their attendant problems.

8. Challenge students to explain overcrowding and its consequences for jail administration.

9. Ask students to develop a typology of alcohol abusers, starting with the public inebriate through drunk driving, up to the hyper-aggressive recidivist driver. Ask them to propose programs for reducing these problems (excluding mandatory incarceration).

10. Ask students how detention officers are selected in their jurisdictions, and what pre-service and in-service training is provided to jail staff.

11. Challenge students to describe health care in jails, and ways in which such services are provided in your jurisdiction.

12. Ask students to list ten misdemeanor and low-level felony offenses, and have them establish fine amounts for each offense, including both the first and second offense.

13. Ask students if they know anyone who was sentenced to a community work order, and if that offender completed the work. How does the individual feel about that experience?

14. Ask students to identify pre-trial alternatives and arrange them along a continuum of increasing controls or sanctions.

15. Ask students whether jail incarceration is more painful for male or female offenders. If the class stratifies offenders by criminal history, ask who should take custody of any children if the mother is incarcerated in jail.

16. Do jail inmates have a right to free medical care while incarcerated?

Thematic Questions 1. Ask the students to describe how jails fit into the scope of the Sixth Amendment to the United States Constitution.

2. What responsibilities does the jail administration have to keep the jail safe? To prevent inmate suicide?

Homework

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1. Instruct students to write a three paragraph essay explaining the impact of alcohol abuse on the jail population.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The fee system was used in America for many years, until it was largely replaced by a variation. The inmates themselves are no longer required to pay the fees for their upkeep (although in some jurisdictions inmates housed in jail are now being required to pay for their keep, or at a minimum an “intake fee” or charged a fee for medical attention, prescriptions, and telephone use). In many states, a per diem fee for each prisoner’s upkeep is paid by the state or by federal agencies with which the jail has a contract. Leasing bed space from other jurisdictions is a more current example. Some states (such as California) pay their counties to incarcerate state-sentenced offenders with short sentences. Not surprisingly, sheriffs will often exploit a system that pays the sheriff to arrest and jail as many persons as possible. In other states, it is the local county that pays for the keep of offenders housed in jail. In rural counties it is not unheard of for a judge to send someone to prison to save the county the cost of housing the offender.

2. Questions students on their opinions about medical care and housing. Debate the positive and negative advantages of the fee system.

3. Some efforts to find solutions to reduce overcrowding include conversion of an abandoned motel to a jail annex, purchase of manufactured housing units (modular units that can be interconnected), construction of a canvas tent–based housing community, leasing bed space from other jurisdictions, house arrest for work-release prisoners, electronic monitoring of defendants not otherwise eligible for pretrial release, double-bunking at an existing facility, and contracting with community residential programs for alcohol- and drug-dependent inmates in need of such services.

4. Bail, release on recognizance, pretrial release, fines, community work orders, house arrest, and electronic monitoring are some examples.

5. The new-generation jail is a facility designed for maximum interaction between the staff and inmates. In traditional jails, inmates were only occasionally observed by correctional officers (“intermittent supervision”). In the new-generation jails, inmates are under continuous and direct supervision.

6. Problems include, determining the real costs of and identifying existing community medical service providers; adopting health maintenance organization (HMO) models. Resolving security issues for transporting inmates to hospitals and medical care appointments. Innovating scheduling for medical staff.

Providing special housing (for geriatrics, tuberculosis patients, early-stage HIV inmates, pregnant inmates, etc.). Seeking accreditation (sometimes as a defense against litigation and claims of deliberate indifference). Planning for future problems.

7. A major cause of overcrowding in facilities is the pressure to close other facilities that do not meet acceptable standards. Between 2008 and 2012, the number of jails available to house adult prisoners dropped from 2,999 to 2,829. That number of jail facilities will most likely continue to decline. As a result, less pre-trial detention should be implemented.

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8. Due to the nature of the crime jails permit pre-trial detention and policies and programs vary greatly among cities and counties, but some general descriptions and suggestions can be made for small, medium, and large systems. Over 86% of U.S. jails hold fewer than 250 inmates, yet the 159 largest jail systems hold about half of all jail inmates.

9. Who are the “rabble” that the jail accepts at entry to the justice system and will probably discharge after a brief stay? Are they dangerous predators? Or are they just marginal people who pose some threat to the community and must be controlled? The answer may be both.

10. Problems jail inmates bring to the institution include, psychological problems, medical problems, security threat groups or gangs, nature of their crimes, and costs associated with the incarceration.

11. Inmates held in jail awaiting transportation to a federal or state prison, or mental hospital.

12. In 2012, 61% of the jail inmates were pretrial, accused but not convicted of a crime. Many have both female and male inmates or various race and ethnicity.

13. Release on own recognizance, house arrest, electronic monitoring, treatment programs, supervision.

14. Rated capacities (total beds) for jails have dropped to 722,293, indicating that while there were fewer jails, the size was increasing. The explanation for this trend is due largely to the fact that most new jails that replace the older, smaller facilities are built to hold many more beds. Many inmates are housed for pre-trail detention and 1 in 6 jail inmates with a mental health problem had received treatment since admission.

15. In the past few years, a number of new facilities based on new management concepts have been constructed to provide better conditions and programs for the misdemeanant prisoners and felony detainees.

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CHAPTER 11 PRISON SYSTEMS CHAPTER OVERVIEW • In previous chapters, we have examined the philosophies, the clients, and the functions and tasks of the operators of jails, probation services, and America’s prisons. We have seen the male–female and racial allocations to the facilities that make up systems that cost the taxpayers more than $74 billion to operate each year. This chapter takes you into the basic functions and characteristics of the state prisons, using male adult offenders, who constitute 93 percent of the population, as our vehicle. Female inmates are discussed separately in Chapter 18 because they are not an insignificant part of daily state and local adult prison activity. The male inmate and institution are used here as a demonstration how most of the systems operate.

CHAPTER OBJECTIVES • Explain the organization and basic functions of state prisons.

• Outline the development of the state prison system.

• Explain the classification and assignment process in state prisons.

• Summarize the characteristics, trends, and issues of the adult prison population.

• Explain the impact that politics, budgets and government policy have on corrections.

• Explain the role and characteristics of the federal and military prison systems.

LECTURE OUTLINE • State Correctional Institutions: The Core of the System o The major correctional institutions contained in the state systems are supermaximum (supermax) prisons, maximum/close prisons, mediumsecurity prisons, and minimum-security prisons. o There appears to be some abatement in the growth of the state prison populations due in part to the budget shortfalls that are afflicting most states. o Organization of State Systems § The correctional “system” in most states is not really systematized at all. § Corrections at the state level generally is organized into a separate department of corrections (with a cabinet-level secretary or director appointed by the governor) or a division within a larger state department. o Teaching Tip: Show the video “Supermax, A Prison Within a Prison.”

Films for the Humanities and Sciences, 40 minutes. 1-800-257-1526.

• Development of Systems o Each type of state correctional system has developed as a matter of historical accident as much as in response to a state’s particular needs.

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o The large industrial prisons of the northeastern United States are more in evidence in the major industrial states. o The agricultural prison was begun in the southern states. o Many states have chosen to set up work camps and other forms of prisoner activity appropriate to their particular needs.

Classification and Assignment in State Prisons o The classification process is the process by which offenders are assigned to types of custody and treatment programs based on such factors as offense category, escape potential, substance-abuse patterns, previous experience with the criminal justice system, and so on. o In most systems, the initial classification determines the institution to which an inmate will be assigned. o All institutions allow for this reevaluation, usually called reclassification.

Inmates in State Prisons o An overwhelming majority of the inmates (93 percent) are males, and relative to the numbers of men and women in the U.S. resident population, their incarceration rate is almost 14 times higher (890 males to 65 females) per 100,000 population. o Hispanics are the fastest-growing group in state prisons. o Minorities, particularly African American males, are incarcerated at a much higher rate than are white males in every age category. o One in two inmates in state prisons were convicted of crimes of violence, including murder, manslaughter, rape, sexual assault, robbery, and assault. o Teaching Tip: Show the video “Life Behind Bars.” Films for the Humanities and Sciences, 29 minutes. 1-800-257-5216.

Are Prisons “Cruel and Unusual Punishment?” o Understaffing, underbudgeting, and lack of citizen interest or involvement often become excuses for allowing conditions to deteriorate and sink to the lowest levels. o Beginning in the 1970s, both state and federal courts were asked to examine the operations and policies of correctional facilities and personnel to ensure compliance with the Eighth Amendment’s prohibition against cruel and unusual punishment. o The states, understandably, have reacted with great indignation over the Supreme Court’s intrusion into the domain of the executive branch at the state level. o The Civil Rights Law of 1871 provides for the principal method of allowing inmate complaints into the federal courts. o Correctional administrators, faced with violent acts and correctional officer casualties, began to create supermax prisons to isolate the most dangerous and violent as well as gang members. o Teaching Tip: Show the video National Geographic Channel: “Lockdown: Total Control.” (2007). 52 minutes. http://shop.nationalgeographic.com/ngs/product/dvds/ o Teaching Tip: Show the video “MSNBC “Lock-Up Raw: Harsh Reality” (2010). Season 9, Episode 8. (http://nbcuniversalstore.com).

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An Introduction to National Prison Systems o The Federal Prison Systems § The federal government system of corrections has expanded rapidly over the past century. The Bureau of Prisons (BOP) was created by an act of Congress in 1930. § Sanford Bates created and built federal institutions, providing Bureau of Prison guidance, leadership, and encouragement to others; the bureau became the leading correctional system. § In more recent years, the Bureau of Prisons grew to total 293,815 offenders imprisoned, but cost factors and the effects of the Great Recession of 2008 led to an intended reduction in number of inmates. § Teaching Tip: Show the video “Alcatraz: Escaping America’s Toughest Prison” American Correctional association, 50 minutes. § Teaching Tip: The Federal Bureau of Prisons has an extensive video library (http://bop.library.net/video.htm). o Education and Training § UNICOR is the industrial system for the federal prison system, and inmates produce a wide range of goods for use by other federal prisons and other federal groups. § Inmates are compelled to master basic English skills, to earn the GED degree, and to work within the prison system in either institutional upkeep or UNICOR. o Military Offenders § Military offenders are drawn from the five branches of the military: U.S. Air Force, Army, Marine Corps, Navy, and Coast Guard. § Almost half of military offenders committed crimes against the person or violent crimes, such as murder, rape, and sexual assault.

Take Aways o Prisons are the backbone of the correctional systems on state, federal and military levels.

Teaching Tip: Invite a state prison planner, prison legal advocate, ex-prisoner, federal prison warden, and/or federal correctional officer as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

• Added section at the end of the chapter on the national prison systems, including the federal and military prison systems.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES

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Lecture Notes 1. Address the conflicting expectations of correctional administrators, and then ask students to prioritize those expectations.

2. Describe the patchwork system of city, county, and state correctional systems and how the various segments are usually not well coordinated.

3. Explain the mandatory maintenance requirements of an institution and how facility inmates are used to provide that maintenance.

4. Explain the “bricks-and-mortar” response to prison overcrowding, and the cost factors involved in trying to build our way out of overcrowded times. It would be useful to add an explanation of how private-sector prisons can become viable so much faster.

5. Ask a correctional administrator at a jail or prison to guest lecture in your class, explaining classification and how his or her agency classifies inmates.

6. Address the conflicting expectations of correctional administrators, and then ask students to prioritize those expectations.

7. Describe the patchwork system of city, county, and state correctional systems and how the various segments are usually not well coordinated.

8. Explain the mandatory maintenance requirements of an institution and how facility inmates are used to provide that maintenance.

9. Explain the “bricks-and-mortar” response to prison overcrowding, and the cost factors involved in trying to build our way out of overcrowded times.

10. Explain why state correctional systems tend to be resistant to change, and why inmates sue for changes.

11. Describe the transition from the pre-1980 prison culture to the gang-dominated contemporary scene. Identify how staff members have been empowered to deal with security-threat groups.

Class Activities 1. Ask students to define the various levels of male inmates by security level.

2. Challenge students to draft a timeline for major correctional programs and innovations in corrections, from the Walnut Street Jail to the day reporting systems.

3. Ask students on what variables incoming prisoners are classified in your jurisdiction, and when they might expect to be reclassified.

4. Ask students to describe the “typical” inmate in state prison systems. Ask if the term “underclass” would fit that typical inmate.

5. Ask students to identify the “Big Four” group of local institutions operated by cities, and describe the inmates found there.

6. Challenge students to identify the number of military prisoners in the nation by branch of service.

7. Ask students to identify whether initial classification or intramural classification is more important, and ask them to justify their answers.

8. Invite an ex-offender to guest lecture in your class, explaining inmate pictures of the classification process, its advantages and disadvantages, and how the

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correctional institution benefits from classifications in use in your state. Try to avoid subjects still under correctional control.

9. Ask students what a “court master” is, and have them describe the role a master might play in bringing about change.

10. Ask students to describe and then evaluate the supermax prison, stressing the administrative gains to be expected and correctional staff roles.

Thematic Questions 1. Present your class with a one-page summary description of a high-needs inmate.

Ask students to classify that inmate for an initial classification. Then select/draft a second summary description of a high-risk inmate, and ask for an initial classification. Next, challenge students to state which factors they considered in making those classifications.

Homework 1. Assign students to read an article on a local State prison system. Ask the students to write a two paragraph response to the article.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. It appears to be some abatement in the growth of the state prison populations, due in part to the budget shortfalls that are afflicting most states. Still, we project that by the year 2016, the prison population (state, federal, and local city systems) will have grown to approximately 1.466 million Americans. 93% of the population is male.

2. The average sentence length imposed was more than eight years.

3. Inadequate mental health care, inadequate physical health care, holding mentally ill inmates in a special housing unit.

4. Alternatives to incarceration include probation and additional community-based sanctions and are becoming a focus for correctional administrators because of overcrowding in correctional facilities.

5. This circumstance eviscerated correctional programming and led to a major increase in prison overcrowding (and prison riots).

6. In most systems, the initial classification determines the institution to which an inmate will be assigned. The receiving institution then determines whether the individual shall remain in maximum security or be transferred to a medium- or minimum-security penitentiary.

7. Inmate to staff ratio has increased due to prison overcrowding and mandatory sentencing practices.

8. Three trends involve continued overcrowding, additional community based sanctions, and funding issues.

9. A super-max prison is a freestanding prison or designated area within a prison that functions to control and contain dangerous, violent, disruptive, and other serious behavior in a prison facility. They were designed to hold the most dangerous prisoners.

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10. In order to reduce prison gangs additional isolation of known gang members, additional interdictions from correctional staff, and additional monitoring of known and potential gang members within prison.

11. The bureau centralized and developed its structure, organizing itself into meaningful divisions and developing a suitable classification system. The central office is responsible for establishing national policy, developing and reviewing programs, providing training and technical assistance to the field, and coordinating agency operations in the various disciplines.

12. Correctional specialists are correctional officers who supervise and control inmates housed in the special housing units.

13. Correctional institutions are charged with the simultaneous and often conflicting functions of punishment and reform.

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CHAPTER 12 PRIVATE-SECTOR SYSTEMS CHAPTER OVERVIEW • The chapter-opening quote about private-sector correctional facilities, written in 2014, foretold the continuing overcrowding problem that has been as a constant issue throughout the correctional system in recent years. State, city, and federal correctional administrators wrestled with this issue when the population of their combined institutions was approximately one-third of what it is now. This chapter deals with what has become another major factor in trying to keep up with the wave of populations under the supervision of criminal justice agencies: privatization of correctional services and facilities.

• As will be shown, privatization of institutions is not a new idea. The major challenge for privatization is to provide for the incarceration of convicted felons in long-term, secure facilities by a private, for-profit company. The state of Tennessee was the first to consider the privatization of its entire adult prison system. One of the first and largest of the providers of privately operated adult correctional facilities made an offer to take over the complete management and operations of the beleaguered Tennessee system. For a number of reasons, that proposal was not accepted, and Tennessee decided instead to pour millions into upgrading its current system. This chapter discusses the pros and cons of privatization and its vast growth in the last two decades. We have seen this issue grow from a single paragraph to an entire chapter in the past few editions of this text. It seems fitting that this chapter is the fifth in your overview of institutional corrections because it relates to almost every other topic in the text. Bear in mind that private-sector prisons remain the fourth-largest correctional system in the nation.

CHAPTER OBJECTIVES • Describe the history of private-sector involvement in corrections.

• Identify the advantages private-sector providers claim meets the needs of public state prisons.

• Identify five controversies surrounding private-sector prison providers.

• Compare and contrast gatekeepers and rainmakers.

LECTURE OUTLINE • The Private Sector in Community Corrections o The correctional field has experienced a number of privatization precedents: Health care, food service, education, mental health, transportation, and training have been provided by private contractors to many systems. o As the need for more community corrections has grown, primarily due to overcrowded jails and prisons, many entrepreneurs in the private and private nonprofit sectors have become involved in the “boom” industry of community-oriented corrections.

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o The main advantage of private service providers is their ability to expand and contract quickly when needs change. o One of the major issues for the contractor concerns liability for potential public safety issues.

Some Historical Considerations o Early History § From a historical perspective, private involvement in corrections during the period from 1870 to 1930 was neither notable nor distinguished. § Before this era, some states would lease out their entire prison populations to private bidders who would contract to provide food, custody, and clothing to inmates for a flat fee per inmate annually in return for the labor of the inmates. § During the period from 1870 to 1930, when industrialization was running under full steam in this nation, leasing out of inmates continued. o More Recent Developments § Privatization is by no means a new concept in the field of corrections. § The development of intermediate sanctions has provided three major options for direct private-sector involvement in corrections: (1) treatment programs, (2) supervised release and low-security custody, and (3) technologies for surveillance of offenders not incarcerated. o Teaching Tip: Show the video “Private Prisons.” National Institute of Justice, 29 minutes.

Private-Sector Treatment Programs o Almost all supervised treatment programs are private, and many are run for profit, deriving both their clients and their incomes from contracts with local governments. o Private-sector programs handle a large number of criminal offenders.

Low-Security Programs o Many of the most innovative types of low-security facilities have been designed and implemented by advocates of privatization and, as such, are operated by private contractors. o The juvenile justice system, in particular, has come to rely on private contractors to provide such low-security custodial facilities. o The private sector is developing more facilities at the low end of the spectrum, such as residential treatment facilities, community work release centers, prerelease centers, short-term detention facilities, restitution centers, return-to-custody facilities, parole revocation for chemical abuse, and the like.

Surveillance and Control Technologies o Private contractors have also introduced a variety of high-tech electronic devices that monitor the movement of people. These devices can be used for surveillance and offer the possibility of confinement without custody.

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Private Prisons o At the beginning of 2015, privately-operated prisons held more than 131,000 state and federal inmates. o In addition, private prison companies also house about 15,000 for the Immigration and Customs Enforcement (ICE) and 17,000 for the Marshal’s Service. o Some of the major private operators include CoreCivic (formerly Corrections Corporation of America (CCA), the GEO Group, Inc. (formerly Wackenhut Corrections), and Management and Training Corporation, with CoreCivic and GEO operating about two thirds of all private facilities, CoreCivic has been the largest, however GEO is now a close second. o Teaching Tip: Show the video “Corrections.” (2001). Ashley Hunt Documentaries, 58 minutes.

Correctional Privatization: Issues and Evidence o It is now widely understood that, first, privatization arrangements cast the government and not a private firm as the entity that establishes public priorities and that, second, they involve the efforts to achieve public goals by reliance on private rather than public means. o Kentucky awarded the first state-level contract to U.S. Corrections Corporation (USCC) in 1985. o In just the period between 1992 and 2012, the contract capacity for private, secure adult correctional facilities across the nation grew from just over 20,000 to over 160,000, an increase of over 700 percent. o The evidence is mixed regarding control problems such as inmate-oninmate assaults, inmate-on-staff assaults, minor disturbances, riots, and escapes. o While some of the companies that manage adult correctional facilities (CoreCivic) also contract for youthful offenders, these are usually juveniles convicted as adults. o Teaching Tip: Show the video History Channel “Prisons” (2000). 50 minutes. http://shop.history.com Advantages of Private Providers o Assertions § Generally, most providers make the following assertions: Privatesector providers state that they can perform the same services as state prisons, cost less to the state, are more effective, can service all security levels, and enhance employment. o Public Interests § The beneficiaries in the private-provider options would include stockholders, investors, hedge funds, lobbyists, upper-level managers (salaries), corrupt public employees and politicians, and rainmakers, a general term describing the collaborating politicians with influence in securing the approval of the private-sector company contracts. o Illegal Immigration Issues 74

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Some private prison corporations provide services, detention, and support to various state and federal agencies that detain individuals who have been arrested for immigration violations.

Controversies Surrounding Private Providers o Cost-Savings Issues § The research and evaluations undertaken to date on the statement that private-sector providers can perform the same services at less cost than the public sector is not yet substantiated. § In considering the expenses of private-sector providers, it should be noted that profits are due to savings engendered through cost cutting and reduction in staff, restriction of basic supplies, reducing the quantity and quality of food, denial of medical services, hiring of nonunion workers, hiring staff at minimum wages, and guaranteed occupancy. o Violence Issues § In general, the institutions managed by providers of private prisons and juvenile facilities have high levels of violence, much of which is not investigated, written up, or communicated to the publicsector contracting jurisdictions, as there are possible potentially negative outcomes. o Staff Recruitment and Turnover § Most prison facilities recruit potential staff who are hired at minimum-wage pay and with limited benefit packages. § Staff turnover in some facilities is a high as 96 percent a year, well in excess of the highest rates within the public sector. o Rehabilitation § Cost cutting can occur at many levels, but staff reduction and program termination are two possible ways to bring costs down and fatten the profit margin. o Cost Cutting and Commodities § The private sector is expected to provide equivalent access to personal commodities, as there is little alternative source of provision. § Costs can be lowered through restricting necessary commodities, such as rationing toilet paper to no more than five sheets a day.

Corruption Issues o One of the ways to increase profit margins is to increase the volume of customers using your product, service, or opportunities. o Rainmakers can be effective sources of increased enrollments, and gatekeepers can be recruited to refer or order clients to participate in desired services.

Teaching Tip: Invite a private prison manager, private correctional officer, CoreCivic representative, and/or a GEO Group representative as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

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ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain the lengthy history of private-sector involvement with corrections, beginning with the Quakers and continuing through the International Community Corrections Association.

2. Go online to locate photographs of chain gangs in such states as Georgia and Florida, and arrange those into a PowerPoint presentation to accompany your historical overview of chain-gang portions of private-sector involvement in corrections (keyword searches such as “Chain gangs” with “Georgia”). Be careful not to violate copyrights.

3. From a critical perspective, explain how the presence of private-sector providers can expand the menu of punishments and widen the net of correctional control.

4. From the perspective of a state director of corrections, explain how private-sector providers can ease the overpopulation strain and avoid prison construction.

5. Briefly describe some other countries that now have private-sector prisons for adult or juvenile offenders.

6. Point out to students that the national average cost for incarceration of adult inmates was about $26,700 in 2007. Explain what fringe benefits (and salaries) raise this average cost. Then point out what lesser benefits and costs privatesector prisons can save. How can private-sector prisons earn a profit?

7. Describe four basic sets of skills correctional officers might need in managing prison inmates at the maximum-security-level jail, and ask how these skills might be learned in training academies managed by private-sector providers.

Class Activities 1. Ask students why private-sector involvement in corrections has been so extensive.

What are its main advantages?

2. What types of services do private-sector systems provide to correctional clients?

3. Challenge students to explain the reluctance of many correctional administrators to accept the involvement of private-sector systems with maximum-security institutions.

4. Ask the class if public-sector correctional administrators can contract away their liability for private-sector violations of constitutional rights of offenders and public safety issues. If the consensus is “no,” ask if the public sector can require private-sector providers to underwrite insurance to cover such public safety issues.

5. Ask students to explain the contract labor system from 1870 through 1930, and describe some of the most egregious instances of exploitation.

6. Ask students in what areas and programs private-sector systems assist corrections.

7. Ask students what types of services private-sector systems can offer in the area of juvenile offenders, as well as the area of substance abuse.

8. Ask students how the private sector can be usefully involved in low-security custody programs and in medium-security programs.

9. Challenge students to decide if private prison contractors can provide safe maximum-security jail operations.

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10. Challenge students to consider whether closed-circuit television (CCTV) security programs have a role in monitoring criminal offenders. Refer to any recent terrorism events involving CCTV. 11. Assume that the state’s parole supervision authority mandates that all parolees will wear an electronic transponder that would emit identifying information that could be monitored by a global positioning system and contracts with a privatesector provider to monitor parolees. What implications would this have for publicsector parole officers?

12. Ask students if private-sector prison providers have reduced overpopulation in select states, and how this was accomplished.

13. Ask students if the agency managing your local jail or detention facility employs sworn law enforcement officers, and how those officers were trained for their jobs.

14. Provide students with the hypothetical example of a private-sector prison contractor suddenly encountering an inmate riot involving at least 60 inmates.

What training would be of use in this circumstance? If skills needed for regaining control were not present in private-sector staff, what likely scenarios could develop?

Thematic Questions 1. Some private-sector system contractors argue they can do a better job in providing services than the unit of government can, and can provide those services at less cost. Ask students how this might be so.

Homework 1. Assign students to locate an article on the Internet dealing with a mock prison riot, and submit a one-paragraph statement of the technology used to reassert control over the prison.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The private sector provides (1) alternatives to incarceration in the community, (2) meaningful programs inside the prisons to help prepare inmates for a better life when they are released, and (3) a bridge from incarceration to the free society that will assist in that difficult transition.

2. Currently, approximately 160,000 beds (see figure 12.1) for additional information.

3. Several disadvantages of private-sector jails and prisons include, cost saving issues, lack of training for staff, lack of qualifications of staff, failure to provide rehabilitation, violence, liability, and staff turnover issues.

4. Private-sector providers state they can perform the same services as would be provided by state prisons. They state that they can do the same tasks at less cost to the state. Such providers state that they would be more effective in the prison services than are state providers of prisons, jails, and juvenile facilities. Private providers report that they can service offenders from all levels of security assessment, including maximum-security prisons. They report that they would enhance employment and resources for citizens in the local economy as well as 77

the state. Private-sector prison providers report that they can provide physical facilities cheaper and faster by seeking involvement of the private sector in gathering resources for the construction of facilities.

5. One vested interest includes if the total number of inmates drops below that number, the state is required to pay for any empty beds at a cost predetermined in the contract. Some observers refer to this method as a “low crime tax” by companies.

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CHAPTER 13 THE DEATH PENALTY CHAPTER OVERVIEW • Perhaps no subject in the field of corrections has had as much controversy at the individual, judge, church, or administrator level than capital punishment. The arguments rage on, ranging from the aspects of morality to the fringes of justice to the core of retribution and revenge. Is it right to kill someone in the name of the state because that person killed someone? We have also changed the methods of execution to perhaps somehow make the act more acceptable to the general public. Popular films such as Dead Man Walking attempt to show both sides of this controversial ultimate punishment.

• This chapter explores the history, methods, application, and operation of the death penalty as well as the nature of crimes resulting in this sentence. Whether a person is for or against capital punishment often depends on who the offender is and who the victim(s) may be. The student must keep an open mind about the death penalty and realize that it has been around as long as societies have existed.

Is it time to abolish the death penalty, or make it more efficient, less gruesome, and more certain? We cover all the bases in this chapter, exploring a unique facet of American justice and a problem for corrections.

CHAPTER OBJECTIVES • Outline the history of the death penalty in the nation and legal provisions for it.

• Describe forms of execution.

• Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

• Explain how prosecutorial discretion impacts the death penalty.

• Compare and contrast the abolitionists and retentionists positions on the death penalty.

• Compare and contrast the costs of the death penalty and a sentence of life without parole.

LECTURE OUTLINE • Origins of the Death Penalty o The crimes for which this punishment has been imposed have varied over the centuries, but treason, murder, and rape have been the most common. o The methods by which the punishment has been carried out have been even more varied and include being hanged, burned, boiled in oil, impaled, shot, strangled, beheaded, drawn and quartered, electrocuted, gassed, and now injected with lethal drugs. o In the nation’s earliest history, executions were almost always administered as a public spectacle in the hope they would serve as a warning and a deterrent to others.

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o Probably America’s most innovative contribution to the various methods of execution was the invention of the electric chair. o Opponents of the electric chair, including Thomas Edison, claimed that it must be excessively painful. o The opposition advocated lethal gas as the most humane execution method. o In an effort to make the execution of condemned criminals easier and cleaner still, lethal injection gained favor in the 1970s and 1980s. o The physical pain of the execution is probably the smallest concern of the offenders during their prolonged wait in the death house, a wait that averages almost 11 years with some waiting over 20 years. o Teaching Tip: Show the video “Judgment At Midnight.” Films for the Humanities and Sciences, 1-800-257-1526.

Arbitrary and Infrequent Punishment o The total number of executions between 1976 and 2017 was 1,442, with the highest number in 1999 at 98. o Over 81 percent of the 1,442 executions between 1976 and the beginning of 2017 took place in the South. o It is worth noting that about 35 percent of those executed between 1976 and 2017 were black, 8 percent were Hispanic, and 2 percent were Native Americans and Asians. o In those states with capital punishment, the prosecutor must decide to seek the death penalty, using the vast discretion inherent in that office.

The Eighth Amendment and the Death Penalty o The ban against cruel and unusual punishment embodied in the Eighth Amendment was lifted from the English Bill of Rights of 1689. o Cruelty was examined by the Supreme Court in 1878 in Wilkerson v.

Utah. o In the landmark 1972 case on capital punishment, Furman v. Georgia, the Court’s decision was 5 to 4 in favor of a ban on using capital punishment as it was currently being practiced. o Teaching Tip: Show the video “Death Row U.S.A.” (2000). Cambridge Educational, 49 minutes. 1-800-468-4227.

Prosecutor’s Discretion o The prosecutor must enter a formal charge and may or may not seek the death penalty. o Prosecutors have a gatekeeper function in the judicial system: If they choose not to seek the death penalty, then the jury cannot impose it.

Deterrence of the Death Penalty o Although there are substantial claims that the death penalty may act as a deterrent to others, depending on the ideological position of the debater, one should realize that if the death penalty were a deterrent, no crime would occur. o Public Opinion and the Death Penalty § The American public’s attitude toward the death penalty has fluctuated wildly, as reflected in public opinion polls.

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Although support for the death penalty has declined over the past decade, most polls continue to show support for the death penalty in the abstract. o The Controversy Continues § Many death row inmates profess their innocence, and recently developed scientific techniques (such as DNA testing) have established the factual innocence of at least a dozen inmates on death row, some of whom were within days of executions and all of whom have subsequently been released. § Teaching Tip: Show the video A & E “Life After Death Row.” (2001). 50 minutes. 1-800-933-6249, (http://shop.history.com) The Issue of Equitability o The heart of the question of equitability is whether the punishment is applied evenhandedly across a jurisdiction. o Behavioral science may not provide the most adequate basis for arguments against the equitable application of the death penalty, but available evidence suggests that the death penalty is not evenly applied and may be wanton and even freakish in its imposition. o Teaching Tip: Show the video “Rethinking the Death Penalty.” (2000).

Cambridge Educational, 22 minutes. 1-800-468-4227 Women and the Death Penalty o In general, both the sentencing-to-death rate and the death row population remain very small for women in comparison to those for men. o Homicides by women are less likely to involve the felony murders and other specific circumstances that are more likely to result in death sentences.

Juveniles and the Death Penalty o In 2005, the Court held that the Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of 18 when their crime was committed.

Justifications o Three major justifications for the death penalty are collectively referred to as the retentionist position and include revenge, just deserts, and protection.

The Death Penalty and Terrorism o Terroist detainees may face a military trial, a trial in U.S. courts, prosecution in their homelands if returned, or trial in an international court. The first two of those options could result in the death penalty.

The Cost of the Death Penalty o Although some may argue that it is cheaper to invoke the death penalty than to incarcerate an offender in prison for life, studies do not bear that out.

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Commitments to Death Row Continue o Administrators, politicians, legislators, and the public wrestle with what to do about the backlog of incarcerated death row inmates awaiting execution. o Teaching Tip: Show the video National Geographic: “Inside Death Row.” (2011). 50 minutes. (http://shopnationalgeographic.com) Teaching Tip: Invite a prosecutor, sentencing judge, correctional officer, ACLU representative, and/or criminal defense attorney as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Define capital punishment and illustrate its methods of execution over the years.

2. Trace the death penalty from 1970 through current practice, noting the constitutional issues considered by courts.

3. Explain the Eighth Amendment’s prohibitions against cruel and unusual punishment. What types of execution methods existing at the time did the fathers of the Constitution probably have in mind when this amendment was created?

4. Define deterrence and differentiate between general and specific deterrence. What must be present to serve as a deterrent?

5. Then ask if wrongly convicted death row inmates should be compensated for their wrongful imprisonment, and with what payment schedule. What should the state do if wrong conviction is determined after execution of the death-row inmate?

6. Then ask how prosecutors can “stack” the jury to maximize imposition of the death penalty. (See recent United States Supreme Court decisions on the state of Texas’ death penalty cases.)

7. Explain the underrepresentation of females on death row.

8. Explain the United States legal responses to the events of “9/11” along with the Afghanistan and Iraq wars. Identify the legal basis of imprisoning suspects without conviction. Should these criminals i.e. terrorists be on death row?

9. Which crimes should be considered for death penalty? Should other crimes besides first- degree murder be considered? Why or why not?

10. Identify which individuals are prohibited from being put to death? Why? 11. Explain population movement on death row, and the increase in death-row populations. Focus on removals from death row.

Class Activities 1. Ask students to define execution and explain whether execution is the state murdering a murderer. What similarities exist? How are they different?

2. Ask students if televising the execution would serve as a general deterrent to others from committing death-eligible crimes. If the consensus is “yes,” ask what elements of the execution would be the deterrent.

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3. Organize a debate on the topic of capital punishment. Allow students to display reasons for and against the issue of capital punishment.

4. Organize a debate on the topic of whether or not all executions should be by lethal injection.

5. Ask students what legal elements must be present to make a criminal case a “death-eligible crime.”

6. Ask students to locate online reports of witnesses to executions, and submit a twoparagraph summary of witness sentiment after the execution.

7. Ask students what is meant by the “gatekeeper function” of prosecutors in the judicial system. In what ways is this authority exercised?

8. Call student attention to the quote by former Chief of Police Willie L. Williams: “I am not convinced that capital punishment, in and of itself, is a deterrent to crime because most people do not think about the death penalty before they commit a violent or capital crime.” Do students agree with this sentiment?

9. Challenge students to prepare a sentencing flow chart that would reflect the values prosecutors use to determine to charge a death-eligible offender with a capital crime.

10. Have a debate, with one side arguing for the death penalty for juveniles and the other against.

11. Assume a terrorist bombing in a major city and the capture of two of the foreign terrorists. Some 50 Americans were killed. The crime occurred in a state without the death penalty. Should the two terrorists be tried for capital murder and, if sentenced to death, executed?

12. Ask students to list the costs associated with a death penalty case and explain why the cost are so high.

13. Ask students if surviving family members of the victim should influence prosecutor’s decision on whether or not to seek the death penalty?

14. How has public opinion on the death penalty changed over time? Can the public’s reaction to capital punishment increase or decrease the use of the death penalty?

Thematic Questions 1. Ask students to develop an execution schedule that would empty death row within one year, and ask that their program include live television broadcasts of the death events. What would the likely outcomes be?

Homework 1. Ask students to examine the crimes of serial killer Aileen Wuornos, which led to her execution in 2002. Have students submit a two-three-paragraph analysis of those special conditions, which merited capital punishment.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. In Furman, the U.S. Supreme Court found that Georgia’s death penalty gave the sentencer (judge or jury) complete and unguided discretion to impose the death penalty, and ruled that the Georgia death penalty had been imposed arbitrarily and discriminatorily against minorities.

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offenders, setting an example to deter other would-be murderers from committing that crime. They believe the state must uphold punishments for all crime, and that murderers are free-acting and rational persons who will- fully and deliberately commit premeditated murder. They argue that sacred scriptures justify and demand the death penalty: Such evil persons must be removed from society and the death penalty is the final removal and action for increased public safety.

Abolitionists argue that most death-eligible persons were not exercising free will during the time of their crimes, and that most were at least somewhat incapacitated (high on drugs or alcohol, mentally ill, unable to determine right from wrong, or defending themselves from attach by their victims). They believe the death penalty to be excessive, cruel, highly selective, and infrequently deserved, and that the state should not kill anyone, even those who kill.

Far fewer white males are on death row for killing black victims; blacks who kill whites are much more likely to be sentenced to death and thus sitting on death row. The race of the victim seems to be important in the sentencing decisions made by justice gatekeepers.

The first electrocution was conducted at the Auburn Penitentiary in 1890. The first person to die in this highly touted new device was William Kemmler, a convicted murderer from Buffalo, New York. The first person to die in America in a prison gas chamber was a Chinese immigrant worker named Gee Jon in 1924.

The first person to die by lethal injection was Charles Brooks, a co-defendant in a murder trial, was the first prisoner to die in this manner, executed in 1982.

Many Abolitionists argue that most death-eligible persons were not exercising free will during the time of their crimes, and that most were at least somewhat incapacitated (high on drugs or alcohol, mentally ill, unable to determine right from wrong, or defending themselves from attach by their victims). They believe the death penalty to be excessive, cruel, highly selective, and infrequently deserved, and that the state should not kill anyone, even those who kill along with the costs associated with capital punishment.

The drop in the number of offenders on death row and the number of executions can be attributed to multiple factors, including prosecutorial discretion to not seek the death penalty, juries’ refusal to mete out death sentences, increasing costs, reduction in support for the death penalty, and increased evidence of innocent people being sent to death row.

In regard to the death penalty the Supreme Court has generally addressed cruel and unusual punishment, prohibitions against torturous execution processes, and defining of limitations on who can be death eligible. Two recent decisions by the Supreme Court have further limited the use of the death penalty. In Atkins v.

Virginia, the Court held that it is unconstitutional to execute defendants with mental retardation. This was followed in 2005 with Roper v. Simmons, in which the court struck down the use of the death penalty for juveniles.

Trial of those charged with committing a death-eligible crime is, in its process, very expensive. Collateral attack, deposition expenses, defense strategies, and other legal costs are higher in death-eligible cases. Even when convicted, the offender can and more likely will appeal the conviction and sentence, sometimes more than once to the same appeals court on a variety of issues, one at a time.

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CHAPTER 14 PAROLE AND REENTRY CHAPTER OVERVIEW • The correctional process as described so far has followed offenders as they were filtered through the correctional system. We have seen how those who wind up in prison face both challenges and opportunities as they serve out their sentences and descend the classification ladder until they reach their minimum status and ultimate release date. This chapter now brings our focus to parole, traditionally the most common method for leaving prison and reentering society in a graduated manner. Parole (or earned early release) is a correctional process that has often found itself under attack as a method for inmates to easily gain early release from their stated sentences. The attitude that swept the nation in the past couple of decades, as prison populations continued to soar was to make sentencing even harsher and to make the inmates serve as much of their sentences in a prison as possible. Recently, however, there has been a subtle, but important shift toward focusing more on those offenders returning to our communities. Although offenders have been “going home” as long as there have been prisons, new attention has been given to their reentry into the community. The student needs to understand the fact that many issues underlie the process of parole and reentry in today’s environment, and therefore we need to reexamine the use of the timetested tool of parole as well as other ways in which offenders exit prison. We begin with a brief history of parole.

CHAPTER OBJECTIVES • Outline the history of parole.

• Explain how parole is granted and the role of the parole board.

• Summarize the role of parole officers.

• Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

• Explain reentry courts.

LECTURE OUTLINE • What Is Parole? o The classic definition of parole is “release of an offender from a penal or correctional institution, after he has served a portion of his sentence, under the continued custody of the state and under conditions that permit his reincarceration in the event of misbehavior.” o Today, all but two states have some system of parole supervision for released offenders, even though some 16 states and the federal government have eliminated parole board release.

• The Development of Parole o The Roots of American Parole

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As with many other new ideas that emerged in early America, parole had its roots in the practices of English and European penal systems. § Criminologists commonly accept punishment by transportation as the principal forerunner of parole. o Early Practices in Other Nations § The governor of a prison in Spain started the first operational system of conditional release in 1835. § Alexander Maconochie is usually given credit as being the father of parole. § In 1840, Captain Maconochie was put in charge of the English penal colony in New South Wales at Norfolk Island, about 1,000 miles off the coast of Australia. o Parole Comes to the United States § In 1869, the New York state legislature passed an act creating the Elmira Reformatory and an indeterminate sentence of “until reformation, not exceeding five years.”

Pardon and Parole: Two of the Ways Out of Prison o Until recent years, the number and percentage of prisoners released on parole exhibited a steady decline. o Conditional discretionary release is traditional parole release with supervision. o Conditional mandatory release is when an offender is released prior to expiration of sentence (usually triggered after a set portion of the sentence has been served), with supervision in the community. o A full pardon usually means complete exoneration of blame for the offense and relieves the prisoner of the stigma of guilt. o Teaching Tip: Show the video “Investigative Reports: On Parole— Prisoners of Freedom.” American Correctional Association.

Parole Administration o Parole is a complex procedure and has many functions and processes that differ from one jurisdiction to another.

The Parole Board o Today, parole boards across the country vary greatly by size, operating procedures, independence, and selection. o In some states, parole board members are closely linked to or actually part of the correctional system staff; in other states, parole board members are appointed by the governor and are independent of correctional institutions and the administrators of the system. o Teaching Tip: Show the video A & E Investigative Reports: “Parole Board Oklahoma.” (2001). 50 minutes. 1-800-933-6249, (http://shop.history.com) o Teaching Tip: Show the video A & E Investigative Reports: “Parole Board New Jersey.” (2001). 50 minutes. 1-800-933-6249, (http://shop.history.com)

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o Teaching Tip: Show the video A & E Investigative Reports: “Parole Board New Hampshire.” (2000). 50 minutes. 1-800-933-6249, (http://shop.history.com) Parole Release o The U.S. Supreme Court has consistently held parole to be a privilege and consequently held that a full complement of due process rights does not need to be afforded at parole-granting hearings. o Most states have established regulations as to the amount of time an inmate is required to serve prior to parole eligibility. o If inmates do not meet the standards the board has established for parole, their sentences are continued, and they are “flopped.”

Parole Release Guidelines o Critics of the parole process have commented on the release decision, characterizing it as arbitrary, capricious, prejudiced, lawless, and offering no meaningful future directions for inmates who have not been released. o One response to those criticisms has been the development of parole guidelines. o The most common guideline system will factor in the seriousness of the crime and the traits and previous criminal behaviors the inmate brings to the current offense (that is, substance abuse history, prior record, work history) to construct a matrix that specifies the amount of time (within narrow bounds) an inmate would have to serve before release.

Parole Conditions o Parole is in essence a contract between the state and the offender. If the offender is able to abide by the terms of the contract, freedom is maintained. If a violation of these conditions occurs or if a parolee is charged with a new crime, the parole board may revoke parole and return the offender to prison.

Role of the Parole Officer o The parole officer has two major roles: assisting parolees in their reentry and surveillance of parolee behavior. o Parole officers are also enforcers of the general parole orders and intervene in the activities of the client when it is believed that there is some danger of “backsliding,” or the commission of new crimes.

Parole Revocation o Parolees who violate the conditions of their release can be returned to prison for a technical violation. o Because of arbitrary procedures used in earlier parole revocation hearings, the U.S. Supreme Court in 1971 defined the basic rights of parolees at a parole revocation hearing in Morrissey v. Brewer.

Parole Remains a Major Segment of Corrections o Although many prisoners are now released unconditionally back to the community, many are still released to community supervision.

Pardons

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o Across the nation, parole boards are often directly involved in the consideration for a pardon, recommending this act of clemency to the state’s governor. o Although pardons are relatively rare, they can lessen social stigma and restore rights.

Reentry: The New Challenge o Reentry has become the new buzzword used by policymakers to describe the process by which offenders come back into the community. o Signed into law on April 9, 2008, the Second Chance Act was designed to improve outcomes for persons returning to communities from prisons and jails. o Release from Jail § Everyday thousands of men and women leave jail facilities throughout the United States. Often these individuals receive few if any rehabilitative services while incarcerated. § Recently there has been increased attention to providing reentry services to those incarcerated in local jail facilities. o Work-Release Programs § One of the earliest programs for releasing prisoners before their full sentences expired was the result of the first work-release legislation. § Work release is a program in which inmates are allowed to work in the community with minimal restrictions but must return to confinement during nonworking hours. § Institutional work release is not intended to be a substitute for parole, but it can be a valuable tool for the correctional administrator and the parole officer who must eventually supervise an individual who has participated in work release. o Use of Technology in Supervision § While electronic monitoring is used in both probation and parole, the more serious the offender the greater the chance that supervision requirements will include some use of technology. o Furlough Programs § Furlough is a prison-release program permitting the inmate to pursue education, vocational training, or employment in the community. § Furloughs have been used for a number of purposes, including a home visit during holidays or just before release (“meritorious furlough”), so the return to the free world is a graduated process and includes reintegration. o Halfway Houses § The search for ways to assist offenders transitioning from prison has pumped new life into an old option: the halfway house. § There are different patterns of referral to halfway house programs, the most frequent of which occurs when an inmate is granted a

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conditional release and is required to enter a halfway house during at least the initial period following release. o Teaching Tip: Show the video “Transitional Centers,” Georgia Department of Corrections. o Teaching Tip: Show the video “Making It On the Outside: Life After Prison.” (1996). Cambridge Educational, 1-800-468-4227. o Teaching Tip: Show the video “Life After Prison: Success On the Outside.” (1999). Films for the Humanities and Sciences, 1-800-257-1526. o Teaching Tip: Show the video “Out for Good! What It Takes to Stay Out of Prison.” (1999). Cambridge Educational, 1-800-468-4227.

Reentry Courts o Reentry courts are specialized courts that are designed to reduce recidivism and improve public safety through the use of judicial oversight. o The emergence of reentry courts is a major departure from traditional practice, where the responsibility of the court to an offender ended when the offender was sentenced by a judge. o Although research is just emerging on the effectiveness of reentry courts, a recent study conducted by the Center for Court Innovation on the Harlem Parole Reentry Court found mixed results.

Is Parole Effective? o Outcome measures can include cost, humaneness, employment, and family reunification, just to name a few; however, the most important measure is public safety. o Public safety is usually operationalized in corrections as recidivism. o Despite its widespread use, little is actually known about whether parole reduces recidivism. We do know that about half of parole discharges successfully complete parole.

Teaching Tip: Invite a probation officer, parole officer, and/or halfway house administrator as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Discuss the major events in the establishment of parole in the nation, ending with the “abandon parole” movement.

2. Define executive clemency, pardon, and parole. Briefly trace the history of each term.

3. Explain the truth-in-sentencing movement and its effects on prison populations and parole.

4. Identify the five basic functions of the parole-releasing authority. Stress the incapacitation capacity of parole boards when dangerousness to public safety is considered.

5. Define parole board and discuss the qualifications of parole-board members.

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6. Ask a parole supervisor to lecture to your class on “management of dangerous parolees.” Have students prepare questions beforehand on the size of the dangerous parole population, and what programs are useful in community supervision. (If you are teaching this class online, use a chat room for discussion purposes.)

7. Discuss the major steps in determining parolee release, and categorical exclusions for parole (if any) in your state. Stress the role of victim statements to parole boards.

8. Discuss the impact of parole-board rejection of the inmate’s petition for parole.

What special steps are taken to minimize institutional damage by inmates denied parole?

9. Explain parole release guidelines and their strengths and weaknesses.

10. Distribute a blank form used by your parole board on the standard and special conditions of parole supervision. Explain the rationale for the standard conditions.

11. Ask students to list some possible technical parole violations. Describe three typical special conditions that might be assigned (short of revocation to imprisonment).

12. Explain Morrissey v. Brewer and the minimal procedural rights accorded to parolees by this decision.

13. Explain parole is basically an executive-branch function and that probation remains a court-based service, but that the traditional separations are becoming blurred in many jurisdictions.

14. How are civil rights generally restored to parolees and how are certain rights limited?

15. Explain the pardon procedure in your state, pointing to the steps that must be taken to restore civil rights.

16. Discuss reentry courts and why it is unusual to have judicial involvement with inmates returning from prison.

17. Discuss the major programs of reentry, addressing the categories of offenders that might best be served through each.

18. Explain the difficulties in determining the objectives of corrections, and the attendant difficulty of defining “effectiveness.” Give three examples.

Class Activities 1. Ask students: “If discretionary parole were abandoned, what would the role of the parole board be?”

2. Ask students who submitted a victim impact statement against a prison inmate under consideration for parole. How would they feel about the parole board if the inmate was granted a conditional release?

3. Present students with two case summaries, and ask them to decide on whether to release the inmates. If the consensus is “no,” ask them what qualities of the cases led them to this decision.

4. Distribute a fictitious case description to the class and ask what special conditions they might think necessary for that particular offender. Ask students to indicate if they concur on the first three special conditions mentioned.

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5. Point out that substance abuse plays a large role in parole violation cases. Ask students to propose five alternatives to parole revocation and re-imprisonment for substance-abusing parolees.

6. Ask students what services a parole agency might offer. Ask students if they have a friend or relative undergoing re-entry and, if so, what assistance that individual is receiving from community programs.

Thematic Questions 1. Review the Pennsylvania study of parole failure and discuss the findings. Discuss why traditional approaches of focusing on housing and employment might fail.

Homework 1. Ask students to locate an article on an individual committing a parole violation, and to submit a one-paragraph report summarizing the violation and the potential consequences.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The two main models are the continuum-of-care and wraparound services models.

2. The main difference remains the method by which the offender is placed under either option. Probation remains a direct sentence by the court, whereas parole is a function of the executive branch, with discretionary parole being granted by the parole board and mandatory parole by corrections agencies under the governor.

3. Although an independent board may well be more objective than the correctional bureaucracy in making parole recommendations, it does not provide the perfect system. The argument is sometimes made that independent systems tend to place on parole boards persons who have little training or experience in corrections, which in turn causes unnecessary conflict between prison authorities and the boards.

4. Given estimates that a significant percentage of offenders who will be returning to the community have a number of pressing needs, little doubt remains that services and treatment in the community should be an important part of the reentry process. Indeed, most states have created reentry programs designed to coordinate efforts and services between the institution, parole, and community correctional programs and treatment providers. (Allow the students to comment).

5. Parole selection guidelines differ widely from state to state. The U.S. Supreme Court has consistently held parole to be a privilege, and consequently held that a full complement of due process rights does not need to be afforded at parolegranting hearings. As a result, the states have been given the opportunity to establish whatever inmate privileges they believe appropriate at parole-granting hearings.

6. The parole officer has two major roles: assisting parolees in their reentry and surveillance of parolee behavior. In the former, parole officers counsel, advise, and encourage parolees in the reentry process and help them gain employment.

They develop and subsequently find community resources, serve as an advocate, and encourage community employers and service providers to assist in the reentry process. They often mediate disagreements between the parolee and other persons 91

not under community supervision.

7. With discretionary release, a parole board determines whether an inmate has been rehabilitated and if he or she will be successful upon return to society. Some argue that discretionary release allows for a smoother transition to the community.

8. If I were governor I would select individuals familiar with the criminal justice system and hopefully the concepts and functions of parole. I would have at least one individual associated with correctional staff, one associated with victim services, and one associated with other elements of the criminal justice system.

9. Release can benefit the community and offender because the community benefits in work release programs and cost effectiveness while the institution benefits with respects to overcrowding and of course the offender benefits by earning limited freedom.

10. Reentry courts represent a new form of jurisprudence that has elevated the partnership between courts and corrections in seeking the common goal of successful offender reintegration. The concept of the reentry court necessitates considerable cooperation between corrections and local judiciaries because it requires the coordination of the work of prisons in preparing offenders for re-lease and actively involving community corrections agencies and various com- munity resources in transitioning offenders back into the community through active judicial oversight.

11. Effectiveness of a program can be measure by reviewing if the offender recidivated, violated rules in any way, shape, or form, examining the cost compared to incarceration, along with employment and additional factors.

Effectiveness of correctional programs can usually be debated.

12. Parole has its origins in the foresight and determination of Alexander Maconochie and Sir Walter Crofton, each of whom developed a program for early release and supervision of inmates under their charge during the nineteenth century.

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CHAPTER 15 APPEALS AND OFFENDER RIGHTS CHAPTER OVERVIEW • Ask the average person on the street what “rights” prisoners have coming to them when in confinement—or eventually when released after their sentences have been served. After a few seconds of a blank stare, most would answer, “What do you mean rights? They don’t have any.” In this chapter, we present in some detail the misunderstood world of those rights that apply to inmates and ex-offenders.

The incredible amount of litigation in institutions, the long battles for the lives of what appear to be heinous animals who deserve to die, and the problems with the ex-prisoner trying to deal with society and carrying a heavy record for life cause us to wonder how this all came about.

• The rights of inmates and offenders are important, and the courts and rights advocates carefully monitor them. When those persons have finally done their time and now find themselves back in their former neighborhoods—burdened by a record and a stigma that are hard to overcome—they still have rights as well.

Literally millions of citizens on the streets of America have been convicted of a crime and placed under correctional supervision at some point in their lives.

(Nearly 7 million inmates and ex-offenders are under active correctional supervision, from probation to incarceration to parole.) This chapter deals with the sometimes gray area of the offender and the problems offenders face while incarcerated and while trying to reintegrate into society. This task is one that has many bumps in the road back to being a productive and useful citizen, but many more make that trip and succeed than we often acknowledge. This chapter considers the restrictions on inmates and ex-offenders and the current status of efforts to provide additional rights. We start with some of the myths and legends about those convicted, incarcerated and subsequently released. It should be remembered that almost all offenders return to freedom.

CHAPTER OBJECTIVES • Explain appeals by convicted offenders.

• Identify the effects of judicial decrees.

• Describe the legislative effort to reduce the level of appeals by inmates.

• Describe the status of the convicted offender and their basic inmate rights.

• Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

• Compare and contrast the right to work with the need to work.

LECTURE OUTLINE • Appeals from behind the Walls o In the 1960s, appeals began to move toward issues related to individual rights as stated and interpreted under the U.S. Constitution.

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o During the 1960s, nearly all of the guarantees of the Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution were made binding on the states. o The Fourteenth Amendment (due process clause) provided the primary leverage in the landmark decisions that impacted corrections. o Two major results of inmate litigation were the development of new mindsets by correctional administrators and the development of nationwide standards to demonstrate to the courts that the level of practice in the institutions being sued was the best the industry could provide.

Appeals Flood the Courts o A flood of appeals made with the help of court-appointed lawyers and jailhouse lawyers filled the dockets of the appeals courts beginning in the 1960s and accelerating through 2013 to 2016. o Types of Prisoner Petitions § The three types of suits filed by prison inmates in federal district court are habeas corpus, civil rights, and mandamus. § The basic principle of the writ of habeas corpus is that the government is accountable to the courts for a person’s imprisonment. § The foundation for civil rights petitions originates in the Fourteenth Amendment of the U.S. Constitution. § The writ of mandamus (“we command”) is an extraordinary remedy based on common law that is used when the plaintiff has no other adequate means to attain the desired relief. o Legislative Initiatives to Reduce Prisoner Litigation § In 1980, the Civil Rights of Institutionalized Persons Act was enacted by Congress to reduce the number of civil rights petitions filed in the federal courts. § In 1996, two additional legislative enactments sought to further limit prisoners’ ability to file petitions in the federal courts—the Prison Litigation Reform Act and the Antiterrorism and Effective Death Penalty Act. The Status of the Convicted Offender o When defendants have gone through the whole criminal justice process, including all appeals, and their sentences have been upheld, they officially acquire the status of convicted offender. o With almost 7 million people subject to the control of some kind of correctional authority in America each day, the status of those convicted offenders poses a significant problem. o Teaching Tip: Show the video MSNBC “Lock-Up” (2009) Season 6 Episode 52. 45 minutes. o Teaching Tip: Show the video MSNBC “Lock-Up” (2008). “Corcoran: Extended Stay: Love and Hate” Season 4 Episode 1. 45 minutes.

Basic Inmate Rights o Visiting and Community Ties

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The vestiges of civil death are probably most visible in correctional practices that pertain to the privilege of having visitors. Debate continues about whether having visitors is actually a privilege or is in fact a right. § Limitations on visiting hours, restricted visitor lists, overcrowded visiting rooms, and the overwhelming presence of guards contribute to the inmate’s difficulty in maintaining ties with family and the outside world. § There is no better way to combat the inmate social system and prepare an inmate for freedom than by strengthening his or her ties with the outside world through visitations, family or conjugal visits home furloughs, telephone access, and mail.

Use of Mail § Although the use of the mail system is a right, case law has established that correctional administrators can place reasonable restrictions on prisoners in the exercise of that right if there is a “clear and present danger” or compelling state need. § Communications with an attorney could be opened and read but not censored unless the correspondence referred to plans for illegal activity or contained contraband.

Contraband and Mail § The more recent definition of contraband is any item found on the prisoner or in his or her cell that is not specifically authorized by the administration in written rules. § When an inmate wishes to communicate with a second inmate, either a friend or a jailhouse lawyer who is incarcerated at another institution, the courts have stuck to a hands-off policy, leaving that problem to the discretion of the correctional administrators. § In most court cases, the test for permissibility of mail and literature has been the clear and present danger standard.

Religious Rights in Prison § Because the United States was founded on a belief that freedom of worship could not be infringed upon by the government, the First Amendment addressed those issues: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” § It is the conflict between what constitutes an established religion and the individual’s right to exercise it that has caused grief in the nation’s prisons.

Access to Court and Counsel § Access to the federal courts was not established as a constitutional right for inmates until 1940 in a case called Ex parte Hull. § Once the prisoners’ right to use jailhouse lawyers was established in Johnson v. Avery, inmates needed to be assured of an adequate supply of legal research materials; in 1971, the case of Younger v.

Gilmore guaranteed the inmate writ writers such assistance.

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o The Right to Medical Treatment and Care § The issue of adequate medical care in our prisons has finally prompted a decision from the U.S. Supreme Court. § Estelle v. Gamble was the first U.S. Supreme Court case dealing with prison medical treatment. § Estelle stated a position of sympathy for complaints about the systemwide failure to provide adequate and humane medical care. § Because of the relative ineffectiveness of using state and tort courts to remedy inadequate medical services and treatment in institutions, inmates have more recently begun to sue correctional administrators through Section 1983 of the U.S. Code. o Civil Rights Act “1983” Suits § One example of the use of Section 1983 to redress medical malpractice and mistreatment can be seen in Tucker v. Hutto, a Virginia case in which Tucker’s arms and legs became permanently paralyzed as a result of improper use of antipsychotic drugs while he was a patient at the Virginia State Penitentiary Hospital.

Remedies for Violations of Rights o The writ of habeas corpus, designed as a tool for prisoners to test the legality of their confinement, has been the main weapon in the battle for prisoner rights.

The Legend of the Ex-Con o The highly stylized version of the ex-con presented in the movies and on television usually depicts a tough, streetwise, scar-faced thug who is able to survive on wits and muscle, with a good-looking, submissive, and willing woman not too far in the background. o The real-life ex-offender, of course, is something quite different from our legendary ex-con of movie and mystery novel fame.

Consequences of a Conviction o Collateral consequences are disabilities imposed on an offender on the basis of conviction and include the rights to vote, to hold offices of private and public trust, to assist in parenting, to be on jury duty, to own firearms, to remain married, and to have privacy. o Stigma § The stigma of a prison record is to ex-offenders like a millstone to be worn around their necks until death. § One needs self-efficacy to survive in the competitive atmosphere of the free world. § Thus, the diminished self-efficacy of the offender makes it difficult to bridge the gap between institutional life and the community. o Loss of Civil Rights § Although most people recognize that released prisoners do not automatically regain all of their civil rights that were lost in prison, there is widespread confusion as to which rights are permanently

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lost and which suspended and what machinery is available to regain them. o Legal Consequences of a Felony Conviction § Convicted felons may lose essential rights of citizenship, such as the rights to vote and to hold public office, and may be restricted in their ability to obtain occupational or professional licenses. § Although it may come as a surprise to many, state rather than federal law imposes a number of significant disabilities on conviction, even when the conviction is for a federal rather than state offense. § Laws governing the same rights and privileges vary widely from state to state, making something of a national crazy quilt of disqualifications and restoration procedures. o Teaching Tip: Show the video “Struggle To Go Straight.” (2007).

Nightline, 30 minutes. o Teaching Tip: Show the video “Life After Prison.” Films for the Humanities and Sciences, 1-800-257-5216. o Teaching Tip: Show the video The Lock-Up Society (2010). “Hard Time: Life After Prison” America Public Media CD’s. 45 East 7th Street St. Paul, Minnesota 55101 Right to Work versus Need to Work o Ex-offenders are often faced with the cruel paradox that they must have employment to remain free, even though the system denies them employment because they have a record. o Many studies have shown that opportunity for employment is one of the most important factors in the successful reintegration of ex-offenders into the community. o At the community level, barriers to employment that work against the poor and uneducated must be overcome; that is, more realistic educational requirements for jobs must be negotiated. o At the individual level, the offender must overcome any personal handicaps. o Teaching Tip: Show the video “Okay, Ex-Inmate: Now That You Have a Job, Keep It,” Video 1 in the series entitled, Survival Guide for Staying Employed. American Correctional Association, American Correctional Association.

Restricted Trades: Barriers to Employment o Although barriers to employment still exist in general for ex-offenders, today’s standards are more likely to apply to the individual and his or her offense.

The Problem with a Record o The deprivation of rights and bars to employment are related to that record, so it is vital to know what having a record means in the age of information. o The problem with having a criminal record in this country is especially critical when an arrest does not result in a conviction.

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o In the United States, in most jurisdictions, employment applications can include questions about an arrest regardless of whether a conviction followed. o Registration of Criminals § Registration of criminals has been a practice ever since society started imprisoning individuals. o Registration of Ex-Offenders § The most common form of local registration concerns sex-related offenses. The sex offender file is used to check out former offenders in the event of similar crimes. § The Community Protection Act is legislation requiring offenders to register and live under public scrutiny. § Megan’s Law is legislation requiring sex offenders to inform local police agencies of their location and the nature of their prior convictions. § The Adam Walsh Act is national legislation creating a national sex offender registry and organizing sex offenders into three tiers with increasing restrictions based on level. o Expungement as a Response § Some states have recognized the debilitating effect of a criminal conviction and attempted to develop expungement statutes, which erase the history of criminal conviction and completely restore the ex-offender’s rights, thus removing the stigma of a criminal record. o Teaching Tip: Show the video MSNBC “Lock-Up RAW” (2010).

“Revolving Door” Season 8 Episode 6. 45 minutes.

Restoring Offender Rights o Some states restore civil rights when parole is granted; others do so when the offender is released from parole. In still others, it is necessary for a governor to restore all rights, usually through a pardon.

Teaching Tip: Invite a parole officer, parolee, ex-offender and/or representative from the ACLU as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Trace the legal status of the accused from arrest through exhaustion of appeals before imprisonment.

2. Discuss the reach of the United States Constitution to offenders in the community and in confinement.

3. Explain the clear and present danger standard on permissibility of mail and literature. Use examples.

4. Explain “deliberate indifference to serious medical needs of prisoners.” How many inmates dying from medical malpractice and deliberate inattention would be 98

necessary before a federal court might order the medical department of an entire correctional system into receivership?

5. Explain the tort and what allegations are brought in such a suit. Who would pay if the inmate were successful?

6. Define the Civil Rights Act (Title 42, Section 1983, United States Code) and identify grievances inmates file under that act. Are they usually successful?

7. What changes in corrections have occurred under Section 1983 lawsuits over the years?

8. What alternatives to litigation exist for inmates? Are they largely successful?

9. What stereotypes of offenders reinforce correctional ideology?

10. Identify the collateral consequences of a conviction in your state.

11. Invite an ex-offender to guest lecture in your class, focusing on difficulties experienced in trying to “go straight.” Have students prepare written questions on factors that helped in going straight, and those that hindered. (If you are teaching this course online, use a chat room for discussion purposes.)

12. Discuss employment requirements of probation and parole status, and their relevance to avoiding criminal reoffending. What do correctional supervisors suggest to their clients about informing potential employers of their criminal record?

13. Explain registration of offenders while on community supervision, and after release into the community. What purposes does this serve?

14. Explain the tragic circumstances that gave rise to the national movement to require registration of predatory sex offenders (“Megan’s law”). Who would be required to register?

15. Invite a law enforcement officer working with sex crimes to guest lecture in your class on the topic of the unclosed case, and what motivations that officer can explain for keeping the cases open. Have the class prepare questions in advance about best cases resolved and worst cases still open. (If you are teaching this class online, use a chat room for discussion purposes.)

16. Explain your state’s pardon procedures to the class, noting the steps the offender must initiate before possibly being pardoned.

Class Activities 1. Ask students to identify the individual rights guaranteed by the Bill of Rights to prisoners.

2. Ask students how many residents have been subject to the control of some kind of correctional authority, and what proportion of the general population this would be. Do they know of any offenders? If the majority says “yes,” ask how they are related to them.

3. Ask students if inmates have a right to family/conjugal visiting. If the consensus is “no,” use the Scandinavian examples to give differing views. Are these countries more democratic than the United States is?

4. Ask students when institutional staff can read incoming mail for inmates. When can staff not read inmate mail?

5. What is the standard of free exercise of religious rights in prison?

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6. Ask students to define a court master in corrections. What characteristics would you expect that master to have?

7. Ask students to examine a notorious offender and identify characteristics reflected in coverage by the mass media.

8. Ask students what collateral consequences are relevant to prevent criminal reoffending. Which are not?

9. Ask students if they agree with the federal firearms disability of convicted felons.

If the consensus is “necessary,” ask how that disability can be overcome.

10. Ask students what trades and occupations are closed to ex-offenders, and why. Do students consider these denials reasonable crime-prevention strategies?

11. Assign students to locate the state sexual offender registration system. Pick a consecutive sample of ten registrants and note the crimes and dates of crimes, which resulted in the criminal registration. Submit a two-paragraph summary of those criminal acts.

12. Ask students to identify five types of executive clemency and what results from those types of executive clemency.

13. Organize a class debate arguing if current sexual offender registration policies should be considered double jeopardy or if the laws are in the interest of public safety.

Thematic Questions 1. Does the United States Constitution provide rights to criminal offenders? If so, which rights are guaranteed and which rights are removed?

Homework 1. Assign students to locate information on a recent court case involving prisoner rights. Instruct students to submit a one-three-paragraph essay explain the courts decision and why the court reached the decision.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Beginning in the 1960s, the U.S. Supreme Court abandoned the “hands-off philosophy” of previous generations and began to impose procedural guidelines on law enforcement, corrections, and every other element of the criminal justice system. Constitutional rights of prisoners were more sharply defined by the appellate courts’ decisions, creating widespread changes “behind the barbed wire” world.

2. In 1980, the Civil Rights of Institutionalized Persons Act was enacted by Congress to reduce the number of civil rights petitions filed in the federal courts.

This act requires inmates to exhaust state-level administrative remedies before filing their petitions in the federal courts. Congress obviously intended to reserve the federal courts for more serious civil rights violations or other significant constitutional issues. Two other Congressional Acts further limited the number of appeals.

3. In addition to the cases from the 1960s and 1970s, the Supreme Court also entertained cases concerning the civil rights of inmates through interpretation of the Civil Rights Act of 1871. Using the Civil Rights Act of 1871, the federal 100

courts made significant procedural changes that began the change of correctional practice. Two major results of inmate litigation were the development of new mind-sets by correctional administrators and the development of nationwide standards to demonstrate to the courts that the level of practice in the institutions being sued was the best the industry could provide.

4. Many state and federal statutes restrict some of the rights and privileges ordinarily available to law-abiding citizens in the nation. They include the rights to vote, to hold offices of private and public trust, to assist in parenting, to be on jury duty, to own firearms, to re-main married, and to have privacy. Those and other rights may be lost upon conviction. They are collectively called collateral consequences of criminal conviction. Just how many citizens face collateral consequences is unknown, but a conservative estimate is that there are at least 50 million persons living in our societies who have been arrested for some offense in the nation, and at least 14 million of them have been convicted of a felony.

5. Some states have recognized that fact and at-tempted to develop expungement statutes, which erase the history of criminal conviction and completely restore the ex-offender’s rights, thus removing the stigma of a criminal record.

6. The most common form of local registration concerns sex-related offenses. The sex offender file is used to check out former offenders in the event of similar crimes. Such a file is no doubt an asset to law enforcement, but it becomes a real problem for the ex-offender who is seriously trying to reform. Such inquiries are legitimate for law enforcement personnel; however, the discretion with which they are conducted can make a great difference to the ex-offender. An example includes the release of Joseph Gallardo, a convicted sex offender, with police notification to the community under the act and the citizen anger it engendered apparently resulted in the arson of the ex-offender’s home 7. Revenge from the community along with offenders being targeted or not allowed to live or work in certain areas could be an outcome. Ask the class their opinions on the issue.

8. The reintegration process requires the offender to maintain ties to the community, which will be important as the offender renters’ society.

9. A court master is appointed, correctional administrators tend to resist the intrusion of the master into the routine affairs of the institution. Some masters have their own reform agenda or fail to represent the correctional unit in securing compromise. Finally, the defendant (correction-al system) must pay for the master and any staff, and there usually is little disincentive to the master’s office running up long hours of work at high rates of compensation. Currently, court masters are seen as providing correctional expertise to a court that has no competence in correctional administration. Future correctional administrators will need to develop positive working relation-ships with the court and negotiate with all parties to define clearly the powers, role, and scope of the master, to minimize any negative fallout from the appointment of an intervention agent.

10. Megan’s Law is legislation requiring sex offenders to inform local police agencies of their location and the nature of their prior convictions.

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11. The Adam Walsh Law is a national legislation creating a national sex offender registry and organizing sex offenders into three tiers with increasing restrictions based on level.

12. Writ of habeas corpus.

13. The federal courts have instituted several court decisions mandating certain offender rights. The court also uses representative of the court ordered to monitor correctional compliance with a court’s orders.

14. Four basic approaches have been proposed: grievance boards, inmate grievance procedures, the ombudsman, and mediators.

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CHAPTER 16 MALE OFFENDERS CHAPTER OVERVIEW • In the next chapter, we will acquire an understanding of the variety of female offenders who are dealt with as “clients” of the jail and prison systems of America. As we saw in Part 1, until very recently, earlier incarceration practices were not intended to “correct” the behavior of inmates. Consequently, the young and the old, the sick and the well, the women and the men, and the dangerous and the helpless were housed and placed indiscriminately in a single, all-inclusive facility. As the concepts of penitence and corrections were developed, men and women were segregated into separate institutions. Later, institutions became further specialized, with different kinds of institutions for the younger inmates, who were separated from the more hardened felons (although these groups are still sometimes hard to tell apart), and a separate system was created for juveniles (see Chapter 18).

• In this chapter we examine the processes used with and conditions of men who have been convicted and sentenced to the adult prisons of America, and probably placed there following some length of exposure to the conditions of jail life. If corrections and prisons can be considered businesses, we continue our analogy by considering adult male inmate groups as clients with different needs, problems, and demands than other types of clients. Using a business analogy, we can describe corrections in all areas as a growth industry. As this chapter unfolds, you will see the crimes for which inmates are committed, problems inmates pose to staff and correctional officers, the inmate culture into which they settle, the realities of danger and death in prison, and the challenges of the aged prisoner.

Inmates face widespread boredom, lack of contact with the outside world, dulling routine, and bland and frequently repetitive food. Most institutions are loud, cheerless, and (sometimes) fraught with dangers that range from sexual assault to unwarranted punishment from correctional officers to gangs, “crazies,” and foes.

This is the environment into which many inmates step when they are sent to prison.

• This chapter deals with several questions. Who are the male prison inmates? What are their needs, and what programs should be devised to address those needs?

What should we know about their backgrounds? What happens to the men in the prisons of America?

CHAPTER OBJECTIVES • Summarize the trends in the adult male prison population.

• Explain what might be done to reduce functional illiteracy among prison inmates.

• Explain the consequences of prisonization.

• Explain rape and sexual assault in all-male institutions.

• Identify five outcomes of the graying of American prison population.

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LECTURE OUTLINE • Prison Population Trends o The number of male offenders housed in America’s prisons rose at an alarming rate, along with the total prison population, until just recently. o The population rose from 883,500 in 1993 to the staggering figure over 1,371,000 in the beginning of 2016.

• Prisoner Population o Criminal History § Male prisoners have committed a broad range of criminal acts, and many are recidivists. § Violent offenses account for more than half (54 percent) of the crimes for which males were sentenced to state prison, and these include homicide, manslaughter, rape, robbery, aggravated assault, and sexual assault. o Dangerousness § Some male offenders are extremely dangerous and must be isolated from others. § This has left an increasing percentage of violent offenders in maximum-security prisons and has also led to the creation of the supermax prison o Drugs and Alcohol § Male offenders tend to be heavy users of alcohol and drugs. § Tests of inmates at male adult prisons and correctional facilities continue to find ongoing drug use. § Teaching Tip: Show the video “MSNBC “Lock-Up: Corcoran: Hugs not Drugs” (2008). Season 4, Episode 4. (http://nbcuniversalstore.com). o Education and Work § As a group, male state prison inmates are less educated than their counterparts in the civilian population. § Sixty-three percent of the inmates have not received a high school diploma, in contrast with 36 percent of the general population.

• Reasons for the Soaring Prison Populations o As discussed in Chapter 17, the increase in female inmates in prison has been heavily impacted by the War on Drugs and violence. This is true also of male inmates. o A decline in the prison release rate (down from 37 to 31 per 100 state prisoners) and an increase in the number of parole violators returned to prison account for most of the rest of the portion of the prison population growth. o Others identified the hardening of public opinion as a factor, pointing out that judges were often under considerable local pressure to commit offenders rather than use other alternatives. o Three other factors have contributed to the growth in male prison populations, although the amount of effect is not precisely known:

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sentence enhancements, “truth-in-sentencing,” prosecutors stiffening plea negotiations Prisonization Plays a Role o The originator of the term prisonization, Donald Clemmer, described this process as “the taking on in greater or less degree of the folkways, mores, customs, and general culture of the penitentiary.” o Prisonization is a process that includes accepting the subordinate role into which one is thrust as an inmate; developing new habits of sleeping, dressing, eating, and working; undergoing status degradation; adopting a new language; and learning that one is dependent on others (including one’s fellow inmates) for the scarce pleasures found in incarceration, including food, work assignment, freedom from assault, and privileges. o The phenomenon of prisonization appears to exist in all prisons. o Teaching Tip: Show the video National Geographic Channel “The Ropes” (2010). Shop National Geographic Channel. 47 minutes (http://shop.nationalgeographic.com).

Rape and Sexual Assault in All-Male Institutions o In 2003, President Bush signed the Prison Rape Elimination Act, the first U.S. government law passed to deal with sexual assault behind bars. o The law calls for the gathering of national statistics about the problem, the development of guidelines for states about how to address prisoner rape, the creation of a review panel to hold annual hearings, and the provision of grants to states to combat the problem. o The sexual assaults that occur within prisons and jails cannot be categorized solely as homosexual attacks; rather, they are often assaults made by heterosexually oriented males for political reasons—that is, to show power and dominance over other human beings. o Teaching Tip: Show the video “Men, Sex and Rape,” MPI Home Video, Oak Forest, Ill. 50 minutes. o Teaching Tip: Show the video “Hard Time: Teens in Maximum Security Prisons.” Films for the Humanities and Sciences, 1-800-257-5216.

The Graying of America’s Male Prisoners o The proportion of prisoners in the nation’s institutions who are elderly is rapidly increasing, in large part due to the tougher long-term sentences inherent in the “get-tough-on-crime” stance. o Elderly inmates are more likely than other prisoners to have committed crimes such as homicide and manslaughter as well as sexual offenses. o Elderly inmates will have health care concerns and need preventive health care programs that, if not provided, could be a source of considerable and, for correctional administrators, substantial litigation costs. o Many prisons now have geriatric centers.

Teaching Tip: Show the video “Doing Time: 10 Years Later.” American Correctional Association.

Teaching Tip: Show the video “From Prison to Home” (2007). 1-800-257-5126 ext 3502

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Teaching Tip: Invite a correctional officer, prison warden, prison superintendent, prison or jail psychologist, law enforcement officer, and/or ex-offender as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain that not all jurisdictions are experiencing continued growth in the number of imprisoned male offenders. Identify five that have decreasing populations and three major reasons those states have such a decline.

2. Explain prisonization as an adaptive response to the artificial environment of the prison. What values are reinforced in the prisonization process? How can prisonization spring up in new generations of male prisoners?

3. Describe the extent of sexual aggression and homosexual activities in prisons for males, and point out that the majority of the aggressors are heterosexual males who will likely revert to heterosexual behaviors when released. Why are homosexual relationships created?

4. Identify those sentencing factors that have contributed to the increase of elderly inmates in prison, and describe the problems prison administrators have with elderly inmates.

5. Identify the medical and psychological needs of geriatric male offenders, and address the costs of meeting those needs.

6. Organize a debate on whether or not geriatric inmates should be transferred to community supervision when reaching age 70.

Class Activities 1. What do the authors of your textbook mean when they refer to “corrections in all areas is a growth industry”?

2. Ask students why police find it easy to arrest perpetrators of street sales of drugs.

What law enforcement policies increase arrests of people of color for crack? Why are approximately 10% of black males ages 20 to 29 in prison today?

3. Ask students to describe the characteristics of male jail inmates.

4. Have students develop a comprehensive program for addressing functional illiteracy of male inmates.

5. Use the correctional filter as a teaching tool to explain the question of the high rate of recidivism among male prisoners. Note their criminal history and social backgrounds, and ask what programs are designed to address their criminogenic needs.

6. Discuss the underrepresentation of white inmates (and females) in prisons, and ask what factors work to reduce the proportion of imprisoned whites. Are those factors present when people of color are processed from arrest through imprisonment?

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7. Explain the high rates of pre-incarceration drug and alcohol use among male inmates, and detail how drug use continues in confinement facilities.

8. What are the functions of a prison subculture?

9. Ask students to explain the psychological damage of homosexual attacks on heterosexual males in prison. What do they think will happen when the victims of such attacks are returned to free society?

10. Ask students what custody staff should do to break up a fight between two 70year-old male inmates.

11. Challenge students to describe the ideal characteristics of custody staff who are assigned to work in a geriatric prison. How would those differ from a mainline institution with a general population?

Thematic Questions 1. Have students design an alternative confinement facility that would house only geriatric male prisoners.

Homework 1. Assign students to locate an article on juvenile waiver to adult court and submit a one-paragraph statement on the role of the prosecutor in such cases.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. In a detailed study of aggression among men behind prison walls, Anthony Scacco posited that sex is a vehicle for exploitation rather than an expression of pathological personality or situational frustration. The sexual assaults that occur within prisons and jails cannot be categorized solely as homosexual attacks; rather they are often assaults made by heterosexually oriented males for political reasons—that is, to show power and dominance over other human beings. It is a depressing fact that victimization, degradation, racism, and humiliation of victims are the foremost reasons that sexual assaults are perpetrated on men in this setting.

Much of the dynamic is centered around power and control not lust.

2. Prisonization is the process by which the newly committed inmates (and some prison staff) are introduced into the culture of the society of captives, and learn to live within that inmate culture.

3. In 2003, President Bush signed the Prison Rape Elimination Act, the first U.S. government law passed to deal with sexual assault behind bars. The law calls for the gathering of national statistics about the problem, the development of guidelines for states about how to address prisoner rape, the creation of a review panel to hold annual hearings, and the provision of grants to states to combat the problem. Estimates are that one in five men in prison has been sexually abused, often by other inmates. Rates for women, who are most likely to be abused by male staff, reach as high as one in four in some facilities. The laws allow a better understanding of the crime and to prosecute offenders.

4. Most jail and prison inmates are minority and undereducated, and most received poor parenting in their more formative years. Most lack job skills and have a spotty employment history. Still others have become addicted to illegal drugs and have heavily contributed to the revolving- door phenomenon found in correctional 107

facilities; others have moved into urban environs in which education and training are required in order to earn a decent living. This set of underlying causes is not offered to excuse the predations of the incarcerated, but to point out the unequal access of some groups to the American dream.

5. It has been estimated that by the year 2015, health care costs for elderly inmates will increase 14-fold. Many prisons will become geriatric centers. Elderly inmates are less able to correctly respond to orders by correctional officers, face increasing physical and mental problems, and the costs of medical treatment sharply escalates as inmates age.

6. Special staff and staff training will be necessary to treat this unique-needs segment of the nation’s offenders.

7. In certain jurisdictions, street gangs have formed precursors of institutional threat groups or prison gangs that pose management and safety issues for correctional managers and prison staff.

8. Male prisoners are basically drawn from the more disadvantaged citizenry whose education, work skills, substance abuse histories, physical and mental health, and vocational futures are negative.

9. This increase has been attributed to enhanced sentencing lengths, a shift in requiring inmates to serve some 85 percent of the length of sentence pronounced by the sentencing judge, an influx of rurally oriented immigrants whose sons over-contribute to the burgeoning prison population, the War on Drugs, a frightened populace and a resulting “get-tough” political stance, and other factors revolving around illegal drugs and their importation.

10. This increase has been attributed to enhanced sentencing lengths, a shift in requiring inmates to serve some 85 percent of the length of sentence pronounced by the sentencing judge, an influx of rurally oriented immigrants whose sons over-contribute to the burgeoning prison population, the War on Drugs, a frightened populace and a resulting “get-tough” political stance, and other factors revolving around illegal drugs and their importation.

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Chapter 17 Female Offenders CHAPTER OVERVIEW • Although male offenders (Chapter 16) do provide the lion’s share of adult prisoners (93 percent), the female inmate population has been increasing at a higher annual rate of growth. In this chapter, we examine that phenomenon as well as those similar processes and conditions with which females must contend.

We look at the kinds of women and the crimes that place them in state, federal, and other adult female prisons and correctional institutions. You will find that many female offenders are moving away from “woman crime” and becoming more mainstream in their criminal behaviors and levels of violence, posing new challenges to old approaches.

• To compare the relative levels of incarceration between female and male prisoners, we first examine the crime rates for both categories and look at the differing patterns of conviction and sentencing rates for those crimes. The “steel ceiling” that has traditionally tended to divert females from long-term incarceration in correctional facilities into community mental health and correctional alternatives seems to have cracked somewhat recently; different trends are emerging for female prisoners. The student is presented with information about problems specific to female offenders that may cause them to need special treatment. What happens to female offenders in the prisons of America? Before this introduction, we present a “portrait” of imprisoned women.

CHAPTER OBJECTIVES • Summarize the characteristics and trends of the adult female prison population.

• Describe the issues, challenges, and barriers faced by female inmates.

• Explain the concept of co-gender institutions.

• Draw appropriate conclusions concerning the use of community corrections for female offenders.

LECTURE OUTLINE • An Introductory Portrait of Women in Jails and Prison o The majority of females in state prisons are charged with non-violent offenses. o Females most frequently commit crimes as an outcome of coping with such life challenges as unemployment, poverty, and behavioral and physical health challenges related to past events of mental illness, physical and emotional trauma, or use of controlled substances. o Most women in prison are mothers; about 1 in 25 incoming female prisoners is pregnant at the time of admission, and their children will be “prison born.” o A Differential Justice System for Females? § The first point at which the female offender comes into contact with the criminal justice system is the point of arrest.

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An officer’s reluctance to arrest females for traditional crimes is also the result of age-old customs, mores, and laws that have created great distinctions between men and women under apprehension. § Concern for the family and the lack of adequate female detention facilities or female personnel in the police department almost demand pretrial release for females. § The differential treatment accorded to females in many cases does not automatically mean better treatment or consideration. o Characteristics of Drug-Abusing Female Offenders § Many drug-abusing women are physically or mentally ill. § Most of the women are unemployed or work at low-paying jobs. § Tend to have psychosocial problems. § Most drug-abusing women offenders are of childbearing age, already have children, and are single mothers. § Most drug-abusing women offenders started abusing drugs and alcohol at an early age, and many used drugs, especially cocaine, on a daily basis prior to incarceration. o Teaching Tip: Show the video “Violence Against Women.” Films for the Humanities and Sciences, 1-800-257-5216. o Teaching Tip: Show the video “Women Who Kill.” Films for the Humanities and Sciences, 1-800-257-5216. o Teaching Tip: Show the video National Geographic Channel “Hard Time Female Offenders” (2010). Shop National Geographic Channel. 47 minutes (http://shop.nationalgeographic.com).

Females in Jail o Females have never been a large portion of the inmates of jails in the nation, but the War on Drugs has contributed significantly to the number arrested and placed in jails and detention centers and has also increased the proportion of all inmates who are female. o The characteristics of current female jail inmates are generally the same, except for drug-related crime increases, as those found in an earlier survey of jails. o One study of women in jail found high rates of lifetime trauma exposure (98 percent), current mental health disorders (36 percent), and drug and alcohol problems (almost three out of four).

Females in Prison o Overall, the rate of growth for female prison inmates over the past 30 years has been phenomenal. Between 1980 and 2012, the female population increased 587 percent, growing from 15,118 to 111,495. o Black women are incarcerated at twice the rate of white women, and Hispanic women are incarcerated at 1.4 times the same rate. o Female inmates are housed in a variety of facilities. About half of these facilities are penal institutions, known by a variety of names: prisons, reformatories, penitentiaries, correctional facilities, and prison camps.

Most are housed in minimum- to low-security units.

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o Teaching Tip: Show the video A & E Investigative Reports “Woman in Prison.” (1993). 50 minutes. (http://shop.history.com) Female Institutions o The picture with regard to the administration of female prisons has changed greatly in recent years. In 1966, female correctional administrators headed only 10 of the nation’s institutions. o One notable difference between prisons for males and females lies in the fact that many states only have one major facility for females compared to many prisons, for males. o Teaching Tip: Show the video “The Correctional Officer: Working with the Female Offender.” (1998). Cambridge Educational, 22 minutes. 1-800468-4227.

Special Problems for Incarcerated Females o Among the many problems female inmates face when in prison are pregnancy, loss of family ties, and aging behind the walls. o Pregnant inmates need special diets, lighter work assignments, supportive programs, and a less stressful environment. o Many prisons are now starting to provide family services as well as classes in child development and parenting, parental functioning, and stress management. o Research on female inmates documents that females are more family oriented than male inmates. o There is a need for institutions to establish policies that encourage family cohesion and strengthen ties for the mother when she is eventually released. o Aging in prison is particularly a problem with the older female inmates undergoing social, psychological, emotional, and physical changes within the institutional walls. o Homosexual Behavior and the Pseudo-Family § The single-sex experience and long-term deprivation of heterosexual outlets create the same kinds of problems in female institutions as are found in male prisons. § Some female inmates were gay or bisexual before entering a correctional institution and do not change their behaviors under incarceration. Others were heterosexual before imprisonment but enter into romantic alliances within correctional facilities. § The redefinition of the natural acts just described into something considered evil and proscribed is another reason that institutionalization is so crippling to the long-term female prisoner. § Women may also feel a stronger need to create a pseudo family inside the walls to help replace the one they have lost. o Teaching Tip: Show the video “Women Behind Bars: Rehabilitation or Retribution?” Films for the Humanities and Sciences, 1-800-257-5216. o Teaching Tip: Show the video National Geographic Channel “Lockdown: Women Behind Bars.” (2009). 42 minutes.

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o A co-gender institution is a co-educational prison housing both male and female inmates interacting under a single institutional administration. o Two were opened in 1971 in the Federal Bureau of Prisons system. Since that time, there have been many coed adult state and federal facilities; at least 418 state-level co-gender facilities for adults existed in 2012.

Community Corrections and Female Offenders o Institutions for females are not known for the long-term effectiveness of their “inside-the-walls” treatment programs, which tend to be limited in number and occur in an artificial environment, thus reducing their effectiveness. o There are now more than 947,450 females on probation (25 percent of adult probationers) and an additional 113,165 on parole (13 percent of all parolees).

Teaching Tip: Invite a correctional officer in a women’s prison, local judge, probation officer who handles women clients and/or a drug treatment counselor as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Describe the changing patterns of arrest rates for female offenders, and note the frequency of arrests for drug-law violations. What implications do these patterns have for female offenders on the county and state corrections levels?

2. Discuss the impacts of drug abuse on female criminals, and the impact of drug abuse on females in jail.

3. Ask a jail manager to address your on-ground class to discuss the less dangerous jail inmates, and what should be done with those offenders.

4. For online courses, use a chat room as a discussion venue.

5. Ask the guest lecturer to provide five major points about less dangerous jail inmates as a springboard for the chat room (less aggressive than other female inmates, shorter criminal history, frequent substance abuse incidents, stronger ties to family and children, fewer female offender associates, and so on).

6. Female offenders are incarcerated in large numbers in only a handful of states.

Other states manage to contain female offenders within the community corrections system. What contributes to the differing policies between these two extremes? Identify where your jurisdiction falls between the two extremes.

7. Describe the number and sizes of institutions housing female offenders, and identify three good institutions.

8. Using your jurisdiction as an example, identify at least three treatment avenues for female offenders (jails, prisons, community corrections programs, community parole centers for released female offenders, etc.). Ask students to describe their major advantages and disadvantages. Then ask students what they think should be done to decarcerate at least 80% of current female prisoners. When the 112

changes are noted, ask how correctional staff or the parole board would determine which female inmates to release.

9. Discuss the medical needs of females entering prison.

10. Ask students what correctional goals are being pursued in the California Community Prison Mother Program.

11. Describe co-gender institutions and problems administrators face in managing them.

12. Discuss the case disposition patterns for male and female offenders in your state.

Emphasize the predominance of community corrections as the disposition of choice for female offenders.

Class Activities 1. Ask students to describe the rate of incarceration of female offenders over the last 20 years, and explain the changes.

2. Organize a debate on whether the women’s liberation movements have had much effect on the nature and volume of crime committed by females.

3. Ask students if there is a different justice system for females. If the consensus is “yes,” ask in what ways this is changing.

4. Challenge students to determine if “victimless crimes” do have victims.

5. Challenge students to decide if the criminal justice system treats female offenders preferentially. If they decide it does, ask how they might develop information to answer the question (how would they proceed to prove the difference).

6. Ask students to define the characteristics of substance-abusing female offenders.

What implications do these characteristics have for treatment programs?

7. Ask students to identify five demographic and criminal characteristics of females in jails.

8. Ask students to debate the validity of this statement: “Female jail inmates are typically drawn from the nation’s underclass.”

9. Ask students in what ways abuse of females is related to later criminal activity.

Why is there such an extensive history of abuse within the social groups from which female prisoners are drawn?

10. Ask students to explain the high rates of physical and sexual abuse of imprisoned females.

11. Tell students that you are considering submitting a policy paper to the governor on alternatives to imprisonment that the state government could implement to handle female offenders. What major points do they think you should address? If students are not enthusiastic about this portion of the exercise, focus the question on inadequacies of state delivery of medical care for female offenders. One state in which the medical care issues are substantial is California.

12. Organize a debate on whether or not the imprisoned female offender is a dangerous criminal.

13. Ask students why many states have only one institution for female offenders, and ask students to justify providing less resources in support of female reintegration services by states.

14. Ask students to develop a proposed policy on separation of mothers and their babies in prison.

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15. Ask students to identify and describe threats to family cohesion caused by incarceration of the mother. What impact does the incarceration of mothers have on children?

16. Organize a class debate on whether or not the pains of imprisonment are greater for female or male offenders.

17. Discuss homosexuality in female prisons. Ask why it is so widespread, and point out that most practitioners are heterosexual and will resume heterosexual lifestyles when released.

18. Challenge students to describe the advantages of co-gender institutions. What do co-gender institutions tell us about single-sex prisons?

19. Challenge students to argue that community corrections should be the sentence of choice for all but the most hardened female offender.

Thematic Questions 1. Ask students to identify frequent problems of the aged. Then challenge them to develop a set of medical care options to care for incarcerated female prisoners as they enter age 60 and over. How would they differ from male institutions?

Homework 1. Ask students to locate one article dealing with managing the relationship between imprisoned mothers and their babies. Have them submit a two-paragraph summary illustrating their perspective on the article.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Many are women are incarcerated for drugs and property crimes. Violent crime only representatives about 10 percent of the woman incarcerated.

2. Females still receive differential, sometimes even preferential, treatment at almost every station of the criminal justice system, partly in deference to traditional female gender roles (except in the area of drug arrests).

3. A concern for the children and a tendency among officers to identify female offenders with their own mothers or sisters may cause arresting officers to use more discretion than they might with a male in the same situation. More than 61 percent of female prisoners are mothers, and two in three have children under age 18.

4. Most women in prisons and jails are drawn from a deprived and unstable background, have been extensively abused over time, and face significant employment, financial, psychological, emotional, and social barriers in their efforts to live in and seek reintegration into their local communities. Community corrections provide opportunities for lowering risky behaviors (particularly drug and alcohol abuse) and learning alternative behaviors in environments that could result in criminal behavior. Community correction is viewed as at least as effective as imprisonment, uses available treatment and service providers in the community, and is believed to be significantly less expensive than imprisonment.

5. The typical female prisoner is black, non-Hispanic, age 35 to 39, never married, with some high school education and not employed at the time of arrest. Most are also single mothers with frequently missing husbands and receive little to no 114

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financial support from the fathers of their children.

Pregnant inmates, aging inmates, and mothering children are special problems with female inmates.

Females have never been a large portion of the inmates of jails in the nation, but the War on Drugs has contributed significantly to the number arrested and placed in jails and detention centers and has also increased the proportion of all inmates who are female.

The incoming pregnant female resident whose child is removed from her care at or immediately following birth may find it hard to believe that her child will grow up without bonding with her. Hence, having special mothering programs are essential.

Many abused females are left with emotional scars and diminished selfconfidence. More than 61 percent of female prisoners are mothers, and two in three have children under age 18. Female prisoners reported that more than 80 percent of their children under age 18 were living with a relative, usually the maternal grandmother.

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CHAPTER 18 JUVENILE OFFENDERS AND FACILITIES CHAPTER OVERVIEW • The previous two chapters and the one that follows describe the variety of “clients” that usually are formed into separate groups for sentencing and incarceration following arrest and detention. In the early history of American justice, the distinctions of sex, age, or personal infirmities were given little thought, and “offenders” were lumped into a single category—prisoners.

Institutional inmates needed only be classified as convicted, and even that distinction was often overlooked in society’s haste to punish actual or alleged miscreants. Over the decades, many different paths were developed for various categories of offenders; jails were separated into male and female sections, and those convicted were sent to different, specialized kinds of institutions to serve out their sentences and have their special needs met. But what about those offenders classified, by age, as juveniles? What became of them in the adult systems?

• This chapter digresses somewhat from the general pattern because the process of handling juvenile offenders has grown into an entirely separate system of justice.

Therefore, we develop the history of juvenile justice in more detail than was covered earlier in the text to show how juvenile procedures have developed almost independently from adult justice and are designed to assist wayward youth.

The juvenile justice system has now grown into an entirely separate “industry.”

This is especially timely as we follow the activities of street gangs, children who murder other children, and all the punitive and neoclassical efforts to again try juveniles in adult courts as “super-predators.” We hope to provide the student, in this single chapter, with a basic understanding of juvenile involvement in crime, arrest and prosecution procedures, and the types of correctional facilities that are used to house them. These range from group homes that sometimes resemble family living arrangements to secure institutions that are more like adult prison facilities. Although serious juvenile offenders can legally be housed in the adult system, we focus on those facilities that have been specifically designed to house juvenile offenders. This chapter also looks at some of the more creative ways that states have reduced their institutional populations as well as some of the programs and treatments offered within these facilities.

• This is not meant to be an exhaustive or a complete treatise on juvenile offenders and the juvenile justice system, but simply a base on which to build an understanding of the origins and current practices in this separate and unique correctional system as well as an introduction to juvenile corrections.

CHAPTER OBJECTIVES • Outline the development of the juvenile justice system.

• Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

• Summarize juvenile rights and the cases that have impacted them.

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Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Explain the public’s perception of juvenile violence and restorative justice.

Describe the types of facilities that house juvenile offenders.

Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

LECTURE OUTLINE • Where Does the Juvenile Fit In? o Like most of America’s criminal justice system, our juvenile justice system derives from the common law of England, as brought to the United States by our forefathers. o Parens patriae is a legal philosophy by which the state assumes the role of the parent of the child: The parent is the state. o Teaching Tip: Show the video “In the Child’s Best Interest.” (2000).

Cambridge Educational, 60 minutes. 1-800-468-4227. o Teaching Tip: Show the video “Punishing Parents: Who is Responsible for Delinquent Kids?” (2002). Cambridge Educational, 38 minutes. 1-800468-4227.

• Criminal Behavior Declines with Age o Data on the relationship between crime and age indicate that crime is a young person’s game. It seems to peak at age 17 or 18, and then begins to drop. o The juvenile crime rate declined over 54 percent during the past 10 years.

This could be a result of the shrinking of the population at risk (12- to 18year-old youths), or it could mean that real progress is being made in the juvenile justice system.

• Categories of Juvenile Offenders o Essentially three kinds of children come into contact with the juvenile court system—a significant event in their lives. The children in two of those categories have committed no offense; they are either dependent (without family or support) or neglected (having a family situation that is harmful to them). The only category that involves an offense is the delinquent juvenile. o Teaching Tip: Show the video “Young Criminals: Adult Punishment.”

Films for the Humanities and Sciences, 1-800-257-5216.

• Juvenile Rights: The Landmark Cases o In the landmark opinions Kent v. United States (383 U.S. 541 [1966]) and In re Gault (387 U.S. 1 [1967]), the Supreme Court at long last evaluated juvenile court proceedings and children’s constitutionally guaranteed rights. o With In re Winship (397 U.S. 358 [1970]), the Supreme Court held that to justify a court finding of delinquency against a juvenile, the proof must be beyond a reasonable doubt that the juvenile committed the alleged delinquent act.

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o In 1974, the U.S. Congress passed the Juvenile Justice and Delinquency Prevention Act (Public Law 93-415). This act required a comprehensive assessment regarding the effectiveness of the existing juvenile justice system. o In 2005, the court decided in Roper v. Simmons (543 U.S. 551) that it was unconstitutional to impose capital punishment for crime committed while under the age of 18. o Decisions of the U.S. Supreme Court have led to four major trends in the handling of juveniles: diversion, decriminalization, deinstitutionalization of status offenders, and decarceration. o Teaching Tip: Show the video PBS Frontline “When Kids get Life” (2007). PBS Video PO Box 609 Melbourne, FL 32902-0609 Who Is a Juvenile Today? o The “upper age of jurisdiction” is the key factor in the opening decades of the twenty-first century. It is the oldest age at which a juvenile court has original jurisdiction over an individual for law-violating behavior. o Statutory exclusion is a principle that requires a category juvenile offender to be bound over as an adult, based on the type of offense committed. All such juveniles committing an identified offense must be transferred to adult court. o Teaching Tip: Show the video ABC News Nightline Children Tried as Adults. (2000). 48 minutes. http://abcnews.go.com o Teaching Tip: Show the video “Kids in Court.” (2000). Cambridge Educational, 59 minutes. 1-800-468-4227.

Juvenile Victims of Violence o Contrary to popular perceptions of the risk of violent crime, teenagers are victimized at rates that are higher than adults. o Teaching Tip: Show the video “Kids in the Crossfire: Violence in America,” 70 mins. MPI home Video, Oak Forest, Il. Reducing Recidivism with Serious Juvenile Offenders o Decades of research on delinquent careers and prevention have identified the following risk factors as contributing to serious, violent, and chronic juvenile crime: weak family attachments, lack of consistent discipline, physical abuse and neglect, poor school performance, delinquent peer groups, substance abuse, and high-crime neighborhoods. o Research on effective programs for youth has found that the most effective approaches are behavioral interventions, where offenders learn to replace their delinquent behavior through prosocial modeling and reinforcement.

Juvenile Gangs o The U.S. Juvenile Justice and Delinquency Prevention unit defines a gang as a group of juveniles or young adults in a police jurisdiction that responsible officers would be willing to identify as a “gang.” o It is estimated that in 2012, youth gangs were active in more than 3,100 jurisdictions.

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o Gangs have been part of the urban scene for decades, but it took the advent of cocaine, especially crack cocaine, to create gangs whose only real motivation is money. o Teaching Tip: Show the video “Glen Mills Gang: Arrested Without Locks and Bars.” (2000). Cambridge Educational, 50 minutes. 1-800-468-4227.

The New Breed: Dispelling the Myth of the Super-Predator o Buzzwords such as super-predator were used increasingly in the press and by politicians to describe this new type of youthful offender, ruthless young men and women who saw crime as a way of life and who it was believed were unconcerned about the consequences of their actions, more likely to engage in crime and violence, and less likely to be deterred by the threat of harsh punishment. o The evidence today is that treating juveniles as adults increases the probability that such young people will continue to reoffend.

Restorative Justice o Restorative justice is a system of punishments designed to repair the damage to victims, community, and offender caused by the offender’s criminal act. o One example of restorative justice at work in the juvenile delinquency dispositional phase of correcting a juvenile is the teen court, also known as the youth court.

Youth Held in Custody and Types of Facilities o The Office of Juvenile Justice and Delinquency Prevention has identified a wide range of juvenile facilities, including group homes, detention shelters, camps, training schools, and residential treatment facilities. o Juvenile Group Homes § A group home is a residential placement for juveniles that operates in a homelike setting in which a number of unrelated youth live for varying time periods. o Lack of a Standard Definition § Although there are differences between group homes and other types of residential care (such as residential treatment centers), the research literature provides few clear differentiations between the different types of placements used for juveniles and at-risk youth. o Characteristics of Group Homes § Security features also varied across group homes. Thirteen percent reported using one or more confinement features, such as locked doors or gates, to restrict youth. o Effectiveness of Group Homes § Given the diversity of the populations served and the lack of standardization for group homes for juveniles, it is difficult to evaluate their effectiveness. § Overall, there is little research to support the overall effectiveness of group homes, and the research available does have several limitations.

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o Juvenile detention centers, also called juvenile halls in California (or “juvies”), are usually reserved for shorter periods of incarceration, although there are some exceptions. o Reducing Juvenile Detention § Evidence suggests that even a short stay in detention can have a harmful effect on youth, and although some high-risk youth may need to be in detention, the vast majority of youth detained are nonviolent offenders. § In 1992 the Annie E. Casey Foundation launched the Juvenile Detention Alternatives Initiative (JDAI) to reverse the troubling trends in juvenile justice and demonstrate that juvenile detention and corrections populations could be substantially and safely reduced. o Teaching Tip: Show the video A & E Beyond Scared Straight video. 46 minutes. (http://shop.history.com/beyond-scared-straight-oakland-countydvd/detail.php?p=358354&v=aetv_show_beyond-scared-straight) Residential Treatment Centers o Residential treatment centers are centers that house youths with significant psychiatric, psychological, behavioral, or substance abuse problems who have been unsuccessful in outpatient treatment or have proved too ill or unruly to be housed in foster care, day treatment programs, and other nonsecure environments but who do not yet merit commitment to a psychiatric hospital or secure correctional facility. o One form of residential programs for youth can be found in California, with 28 counties in the state operating 67 juvenile camps and ranches.

Training Schools for Youth o The equivalent of the adult prison is the training school for youth, also called juvenile correctional facilities. o These institutions are usually reserved for youth who have been committed by a judge for a serious offense, although some states still incarcerate juveniles who have committed misdemeanors. o Institutional Treatment and Rehabilitation § Over 40 years ago, the Commission on Criminal Justice Standards and Goals offered extensive guidelines and standards to assist the juvenile institutions in their reexamination of educational and vocational training programs. § All juvenile institutions require youth to attend school, but beyond that, the treatment and services offered vary considerably from state to state and facility to facility. o Sexual Victimization of Incarcerated Youth § As part of the 2012 Bureau of Justice Statistics National Survey of Youth in Custody, researchers examined the prevalence of sexual victimization in juvenile institutions. § Teaching Tip: Show the video “Facts for Teens: AIDS in Juvenile Justice Facilities.” American Correctional Association.

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o Teaching Tip: Show the video “MSNBC “Lock-Up: Pendleton Juvenile” (2008). Special Episode, 46 minutes. (http://nbcuniversalstore.com) o Teaching Tip: Show the video ABC News Primetime Juvenile Corrections – “Lost Children Behind Bars” (2007). http://abcnews.go.com Reducing Commitments o One example of an initiative that has successfully reduced the number of youth held in institutions is Ohio’s RECLAIM (Reasoned and Equitable Community and Local Alternatives to the Incarceration of Minors). o An independent evaluation conducted by the University of Cincinnati found Ohio’s RECLAIM and CCF programs to be cost effective when compared to placement in any Ohio Department of Youth Services (ODYS) institution.

Teaching Tip: Invite a juvenile judge, juvenile probation officer, juvenile institution officer, juvenile treatment counselor, and/or detective from the youth or family crimes division as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter • Added sections on restorative justice, youth held in custody and types of facilities, juvenile detention centers, residential treatment centers, training schools for youth, and reducing commitments.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Explain parens patriae and detail the assumptions about juveniles leading up to the development of the juvenile court.

2. Explain that criminal offense patterns vary by age, and that a very small proportion of juvenile offenders commit a large part of crimes of violence, and detail those activities. Ask students to explain why this is so.

3. What factors gave rise to the first juvenile court in Chicago? What rehabilitative goals can be identified in the Chicago court?

4. What are the different categories of children? What other categories, if any, should be added to that list?

5. Why is the institutional placement of a juvenile in a residential facility the juvenile court’s ultimate disposition power?

6. This chapter illustrates many of the problems facing juveniles in our society today: boredom, absent parents, suicide, drug and alcohol abuse, violence, runaways, gangs, gang violence, and inadequate parenting. In your opinion, what can be done to diminish some of these threats to juveniles today?

7. Describe the emerging rights of juveniles since Kent v. the United States. Why was it necessary for the U.S. Supreme Court to evaluate juvenile court proceedings and the juvenile’s constitutionally guaranteed rights?

8. Describe the diversion process and functions, and the picture of the juvenile that undergoes diversion.

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9. Describe the decriminalization movement in the nation and explain the assumptions behind the movement.

10. Describe the variety of upper-age range for transferring the juvenile to the criminal court, and how juvenile waiver can occur. Do juveniles certified to adult court receive more punishment?

11. Describe the extent of juvenile involvement in crime in your city or state. If it has decreased in recent years, explain what factors have contributed to that decrease.

12. Describe the lessening of the volume of violent crime involving juveniles as offenders and victims. To what do the students attribute this decrease?

13. Explain the involvement of gangs at school in the murder of juveniles, noting gun involvement in those murders. How can the school campus be made safer for juveniles?

14. What factors contribute to serious, violent, and chronic juvenile crime?

15. Identify promising approaches to the presence of youth gangs and gang problems.

Ask students to rank those by applicability to local conditions.

16. The Mafia (such as in Chicago) used criminal gang activities to fund individuals, legitimize businesses, and lift other ethnic group members onto the “American Dream.” Are youth gangs similar to these Mafia groups? If the consensus is that they are not very similar, ask students to identify other groups engaging in gangsterism, and why they might be involved in such activities.

17. Ask students to identify some local juvenile gangs and their ethnicities. If the consensus is that they are probably different in ethnicity from other gangs in your jurisdiction, ask if “white” gangs are composed of juveniles with similar ethnicities and backgrounds.

18. How was the reality of institutionalization described in the Gault case? How have these conditions changed?

19. What programs have diminished the number of juveniles in institutions for juvenile offenders?

20. Explain how the superpredator failed to emerge in huge numbers. Then ask what special training institutional staff would need to cope with those cases. Finally, ask if the number of special housing units (SHUs) should be increased to accommodate more superpredators.

21. Point out to your class that about five states hold close to 75% of the delinquents in facilities, but the size of the population in other states has been steeply declining. How can some states have so many delinquents in facilities, while others have facility populations that are dropping? You might want to use Ohio and Texas as sample states.

22. You should give more detail to restorative justice as a legal principle of managing wayward youth. If necessary, search the Internet using the terms “restorative justice” with “juveniles.”

23. Describe the effectiveness of institutional treatment in reducing delinquent behavior. What needs to be targeted for such an approach to work?

24. Provide students with a risk/need assessment instrument and a sample case, asking for a treatment plan for the hypothetical youth.

25. Define a juvenile detention facility.

26. Explain the Missouri Model. What are the positive advantages of the model?

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27. Are training schools for youth an effective strategy for dealing with juvenile delinquents? Why or why not?

28. How has sexual victimization impacted the juvenile justice system?

29. Explain Ohio’s Reasoned and Equitable Community and Local Alternatives to the Incarceration of Minors program.

30. Describe and explain Residential Treatment Centers.

Class Activities 1. Ask students to compare and contrast decriminalization with decarceration, and to focus on key differences between them.

2. Call student attention to a notorious juvenile case in your state, and ask what the appropriate handling of that case should be. If consensus emerges on waiver and punishment, ask what should be done to prevent recidivism.

3. Ask students if they agree with the notion of holding parents accountable for the behavior of their juvenile offspring. Pick a notorious case.

4. Point out that most of the murders of juveniles involve a juvenile perpetrator. Ask students what can be done to lessen the volume of such offenses.

5. Ask students what has contributed to the “get-tough” approach to violent crime by juveniles. What factors can they identify that contributed to the change in the juvenile crime rate?

6. Ask students to compare and contrast decriminalization with decarceration, and to focus on key differences between them.

7. Call student attention to a notorious juvenile case in your state, and ask what the appropriate handling of that case should be. If consensus emerges on waiver and punishment, ask what should be done to prevent recidivism.

8. Ask students if they agree with the notion of holding parents accountable for the behavior of their juvenile offspring. Pick a notorious case.

9. Point out that most of the murders of juveniles involve a juvenile perpetrator. Ask students what can be done to lessen the volume of such offenses.

10. Ask students what has contributed to the “get-tough” approach to violent crime by juveniles. What factors can they identify that contributed to the change in the juvenile crime rate?

11. Ask a gang counselor at your state youth commission to address your class on juvenile gang involvement in violent crime, and have students prepare questions about strategies for changing such violent youth. (If you are teaching this class online, use a chat room for discussion purposes.)

12. Have the students define gang, and then ask if there are any groups in your local jurisdiction that would fit that definition.

13. Ask students to draft a classification policy that would separate dangerous juveniles from other juvenile inmates. This can also be assigned as homework.

14. Ask students if the RECLAIM program was designed as a policy to lessen institutional populations. Would an effective state wide RECLAIM program mean that admissions to juvenile placements would be more serious or dangerous offenders? How would the state prepare staff for the changing concentration of serious juvenile delinquents?

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15. Invite a juvenile court official to speak to your class. Have students prepare questions before the guest arrives that focus on the challenge and rewards of the job. Ask the official to speak to trends in the future. (If you are teaching this class online, use a chat room for discussion purposes).

16. Ask students if extensive use of incarceration has proven effective in solving the juvenile crime problem. If the consensus is “no,” what do they propose should be done?

17. Ask students to compare and contrast juvenile group homes to adult group homes.

What are the differences?

18. Ask students what are some core strategies to assist in reducing the use of detention.

19. Ask students to name three therapeutic targets for juveniles in the custody of the juvenile justice system.

20. Describe the types of facilities which house juvenile offenders 21. What are the purpose of juvenile camps and ranches?

Thematic Questions 1. Ask students to identify characteristics of a superpredator, and then rank those characteristics by importance. Using notorious but contrasting cases from your local jurisdiction, ask what disposition should be imposed for each.

2. Describe the movement toward the philosophy of social responsibility for the rehabilitation of youth. What programs address criminogenic causes of delinquency? What would comprise effective treatment?

3. Explain how various States are attempting to reduce the number of juvenile youth in custody. Are the programs effective? Why or why not?

Homework 1. Assign students to locate an article on mental illness and corrections, and submit a one-paragraph statement of a social policy that would provide treatment without institutionalization.

2. Assign students to locate an article on juvenile facilities. Have the student write a two paragraph essay on their impressions of the article.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. A Latin term that refers to the duty of the state to protect those unable to protect themselves, particularly juveniles and the mentally disordered.

2. Dependant, Neglected, and Delinquent 3. In re Gault is the Supreme Court at long last evaluated juvenile court proceedings and children’s constitutionally guaranteed rights. In Kent v. United States, the Court noted that the child involved in certain juvenile court proceedings was deprived of constitutional rights and at the same time not given the rehabilitation promised under earlier juvenile court philosophy and statutes. It pointed out “there may be grounds for concern that the child receives the worst of both worlds.” On May 15, 1967, the Supreme Court rendered its first decision in the area of juvenile delinquency procedure. In the decision, the U.S. Supreme Court ruled that a child alleged to be a juvenile delinquent had at least the following 124

rights, Right to notice of the charges in time to prepare for trial, Right to counsel, Right to confrontation and cross-examination of his or her accusers, and Privilege against self-incrimination, at least in court.

4. One welcomed trend is the sharp reduction of crimes committed by juveniles, likened to an outbreak of lawful- ness in the nation. Innovative programs and practices have emerged, such as teen courts, restorative justice, mentoring, and programs designed to strengthen the power of the family to reduce if not control the misbehavior of their sons and daughters.

5. Diversion programs function to divert juveniles out of the juvenile justice system, encourage the use of existing private correctional agencies and facilities for such youths, and avoid formal contact with the juvenile court. Those programs include remedial education programs, foster homes, group homes, and local counseling facilities and centers. The effectiveness of such programs has not yet been demonstrated, but they are being closely evaluated.

6. A theory of justice that emphasizes repairing the harm caused or revealed by criminal justice. It is best accomplished through cooperative processes that include all stakeholders. A teen court is a problem-solving court designed to interrupt any developing pattern of criminal behavior in juveniles. A teen court is a court run by teens for teens. Also known as peer courts and youth courts, most promote self- esteem, self-improvement, and a healthier attitude toward authority.

7. Targeting, arresting, and incarcerating gang leaders and repeat gang offenders, Referring fringe members (“wannabees”) and their parents to youth services for counseling and guidance, Providing preventive services for youths who are clearly at risk, Crisis intervention or mediation of gang fights, Patrols of community hot spots, Close supervision of gang offenders by criminal justice and community-based agencies, Remedial education for targeted youth gang members, especially in middle school Job orientation, training, placement, and monitoring for older youth gang members, Safe zones around schools, Vertical prosecution, close supervision, and enhanced sentences for hard-core youth gang members (Vertical, or hard-core, prosecution puts the same prosecutor in charge of all aspects of a case from charging to sentencing.)

8. Research on effective programs for youth has found that the most effective approaches are behavioral interventions, where offenders learn to replace their delinquent behavior through pro-social modeling and reinforcement. Those programs found not to be effective include, among other things, boot camps, fostering self-regard, home detention with electronic monitoring, and drugeducation programs.

9. Teen courts pursue restorative justice and re-integration of the youth to the community for community protection, competency development, and accountability, which is done by addressing the root causes of juvenile violations.

10. Practices and programs reflecting restorative purposes will respond to crime by identifying and taking steps to repair harm involving all stakeholders, and transforming the traditional relationship between communities and their government in responding to crime, which reduces recidivism.

11. Some states debated the wisdom of retaining such adolescents in juvenile court and began to authorize transfer to adult court through certification, automatic 125

waiver, or direct filing by the prosecutor to the adult court.

12. Some jurisdictions have reduced juvenile detention by the use of teen courts, problem-solving courts, and early intervention in cases of problemed juveniles.

Other jurisdictions have charged their state system for detention of juveniles to provide technical assistance to counties and funding to strengthen treatment programs at the community level. Interagency cooperation has increased and the rate of juvenile crime has declined and recidivism has been reduced.

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CHAPTER 19 SPECIAL-CATEGORY OFFENDERS CHAPTER OVERVIEW • Now we come to the chapter that deals with those offenders who have many more problems than other offenders in the mainstream of criminal behavior. We examine some of the so-called rejects of society who are too often found in America’s jails and correctional facilities. Many of these individuals are handicapped by their mental processes, and others are labeled by their specific problems, extreme behavior, or personal background.

• Of the many categories that could be examined, we have chosen to discuss the mentally disordered offender, the developmentally challenged offender, the sex offender, HIV-infected inmates, transgender inmates, and geriatric inmates.

Although these categories do not constitute an exhaustive list of the possible types of special-category offenders, we feel they represent a fair spectrum of the problems faced by correctional administrators and the individual offenders who are in their custody and treatment. We first delve a little into the history and development of categories of mentally disordered (mentally ill) offenders to provide a proper framework for examination of these special inmates.

• Since 1970, the closing of 90 percent of the mental health facilities and centers in local counties and their state-funded counterparts has diverted the mentally disordered into correctional facilities (jails and prisons), a process called transincarceration. The increasing and unrestrained overcrowding continues to place these stigmatized offenders into the correctional bureaucratic system, where their special needs are more often ignored than met. What their needs are and how they are met are discussed in this chapter. We also assess the growing numbers of these special-category offenders and how our systems are coping with this problem. After finishing this final chapter in Part 4, the student will have been exposed to most of the clients found in the criminal justice and juvenile justice systems.

CHAPTER OBJECTIVES • Summarize the issues regarding offenders who are mentally ill.

• Summarize the issues regarding offenders who are developmentally challenged.

• Summarize the issues regarding sex offenders.

• Explain how AIDS and infectious diseases have affected prisons.

• Explain how prison officials handle transgender inmates.

• Summarize the issues regarding aging offenders.

LECTURE OUTLINE • The Mentally Disordered Offender o The first insane asylum was constructed in Europe in 1408. From that date until recently, the asylum was a “dumping ground” for all of the mentally disordered people who could be neither understood nor cured.

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o In the early 1970s, state after state adopted policies under the Community Mental Health Act that swept the country. The essential goal was to release, or deinstitutionalize, all inmates of the asylums who were not a “clear and present danger” to themselves and society. o The response by most jurisdictions was to transfer the problem to the criminal justice system, filling the jails and correctional institutions of America, a process known as transinstitutionalization. o Mentally Ill Inmates § Released to the community without adequate support and treatment services, people with mental illnesses gravitated to criminal confinement facilities for offenders, particularly to jails but also to the prisons of the United States. § It is estimated that perhaps 20 percent of offenders imprisoned at any time have severe or acute mental illnesses, such as schizophrenia, manic depression, and depression. § Prisoners tend to be in poor mental health, and a large percentage of male and female prisoners will, over the lifetime, have at least one psychiatric disorder. o Two Ways to Escape Criminal Responsibility § There are two justifications that defendants can invoke in an attempt to relieve themselves of criminal responsibility for a criminal act. The first is not guilty by reason of insanity (NGRI); the second is incompetent to stand trial. o The Criminally Insane § With the advent of legal insanity and legal incompetence as defenses against criminal conviction came the development of special asylums for the criminally insane, in most cases just another form of prison without due process protections. § The insanity defense is used in less than 1 percent of all felony cases, and of those, only one in four defendants is found to be NGRI. § By 2009, 12 states abolished the insanity defense entirely, then created guilty but mentally ill (GBMI) statutes in its place. o The Problems of Prediction § We see the paradox of requiring psychiatrists to predict behavior and to attach a label to offenders, when that might result in an indefinite or even lifelong commitment to a mental institution for someone who is not really dangerous (a false-positive prediction). o Teaching Tip: Show the video “Diverting the Mentally Ill from Jail.”

Films for the Humanities and Sciences, 1-800-257-1526. o Teaching Tip: Show the video “Supervising Adult Inmates with Mental Health Disorders.” American Correctional Association. o Teaching Tip: Show the video A & E Investigative Reports: “The Mental Health Dilemma.” (2002). 50 minutes.

The Developmentally Challenged Offender

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o Within the correctional system are offenders who, although considered legally sane and competent to stand trial, are developmentally challenged. o An IQ score of 69 or below on a standardized test is the generally accepted measure for identifying the developmentally challenged, with exceptions. o In addition to the developmentally challenged, prisons contain an unknown but larger number of lower-functioning inmates with fewer intellectual abilities (compared to the general prison population) and IQs that may approach 70 but who do not technically meet the requirements of mental retardation. o Historical Perspective § The landmark Ruiz v. Estellez decision has also set the tone for judicial consideration of the developmentally challenged inmate. § In 1981, Green v. Johnson (512 F. Supp. 965) established that developmentally challenged inmates under age 22 have a right to receive special education. § In Atkins v. Virginia (536 U.S. 304, 2002), the U.S. Supreme Court ruled that developmentally challenged inmates cannot be executed.

Sex Offenders o Sex offenders are in general disliked in prisons and are frequent targets of assault and murder. o Common Sex Offenses § A sex offense is a violation of laws that control sexual intercourse or crimes of a carnal nature, including attempts at such crimes. § Five categories of sex offenses account for the overwhelming majority of treatment program participants: rape, attempted rape, assault with intent to rape; child molestation; incest; exhibitionism and voyeurism; and miscellaneous offenses. § A child molester is one who injures or has questionable sexual relations or dealings with a person under the age of puberty or legal age. § The majority of sex offenders currently participating in treatment programs are predominantly heterosexual and are there for heterosexual offenses. o Sex Offenders and Probation § Probation officers are generally underprepared or undertrained to work with sex offenders because such preparatory efforts are complex, expensive, and time intensive. o Sex Offenders in Prison § The number of sex offenders who are prisoners in state corrections systems continues to climb, fueled in part by the general increase in sentence length within America in the last three decades. § Studies of the effectiveness of treatment for sex offenders are favorable, with strong evidence supporting a cognitive-behavioral approach. o Involuntary Commitment of Sex Offenders

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Due to changes in sentencing laws and several well-publicized cases in the 1990s, at least 17 states have passed various versions of what has come to be called “sexual predator” legislation. § These laws allow for indefinite involuntary commitment of sex offenders to mental health treatment facilities after they complete prison terms for serious sex offenses. o Teaching Tip: Show the video “Diary of a Sexual Offender” (2010).

Independent Entertainment. 878746010399. 1hour and 14 minutes.

AIDS in Prisons o Estimates of the extent of infection vary across states and institutions, but by 2010, 20,093 inmates had been diagnosed HIV or AIDS (of which 1,756 were females). o AIDS is a medical term describing terminal phases of HIV infection. It indicates an acquired immune system deficiency in which the human body is progressively unable to ward off common diseases and illnesses that would normally be quickly overcome. o HIV infection and resulting AIDS cases pose particular problems for corrections in terms of staff and inmates. o AIDS and Custody Staff § Procedures thought necessary to address HIV infection include the following: avoid blind pocket searches, use protective equipment, wash hands, implement infectious waste policies, develop exposure-reporting procedures, implement comprehensive infection control plans. o AIDS and Inmates § Perhaps the best single approach for managing HIV infections revolves around educational programs to inform inmates of necessary behaviors. § Consensus on appropriate medical treatment within prison settings is that prisons should adopt existing community treatment as the standard of care. o Teaching Tip: Show the video “MSNBC “Lock-Up Raw: Prison Love” (2010). Special Episode. 50 minutes. (http://nbcuniversalstore.com) Transgender Inmates o Although no one knows how many transgender inmates are housed in prisons and jails, this population poses an especially difficult problem for correctional officials. o Access to medical procedures, housing considerations, and safety are some of the major issues faced by prison administrators. o In a 2013 ruling, the First Circuit Court of Appeals affirmed that transgender inmates have a constitutional right to access transition-related care, including gender-confirming surgeries.

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Geriatric Inmates: The Graying of American Prisons o By 2015, there were over 149,535 male and 7,520 female inmates over 55 years of age housed in state and federal institutions. o Elderly inmates are more likely than other prisoners to have committed crimes such as homicide and manslaughter as well as sexual offenses. o Growing old in prison will mean having to avoid exploitation and violence by younger inmates, having to adjust new personal needs to prison life, and not having suitable programs (recreational, educational, or housing). o Health care costs will increase significantly for treatment of conditions such as hypertension, diabetes, stroke, cancer, Alzheimer’s disease, and emphysema. o A geriatric inmate is an older elderly inmate whose physical or mental disabilities require more extensive medical and treatment care. o Teaching Tip: Show the video “Managing Older Offenders.” American Correctional Association.

Teaching Tip: Invite an ex-offender, correctional officer, prison nurse, prison administrator, sexual management counselor, and/or jail or prison psychologist as a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE • Updated statistics throughout chapter.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Lecture Notes 1. Discuss the history of the asylum and the changes in the last 30 years, including transincarceration. Did the mentally disturbed receive the treatment envisioned under the Community Mental Health Act? 2. Discuss mentally disordered, low functioning, and developmentally challenged offenders. What are the dominant approaches for handling such offenders in a correctional system?

3. The prediction of “dangerous” yields four major results: offenders who are predicted dangerous and are; offenders who are predicted not dangerous and are not; offenders who are predicted dangerous but are not (“false positive”); and offenders who are predicted not dangerous but are (“false negatives”). Ask students how prediction can be made more accurate.

4. Discuss the developmentally challenged and the low-functioning inmate. Focus on management issues and treatment programs.

5. Discuss the major types of sex offenders and ask the class to rank them according to dangerousness. Challenge the class to suggest treatment strategies for the major types. If the class resists categorizing sex offenders, use cases of notorious sex offenders in your jurisdiction and ask what treatment might have worked to prevent relapse.

6. Ask a physician specializing in HIV treatment to guest lecture in your class on the medical needs of HIV patients. Have students prepare written questions

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beforehand on challenges and rewards of the physician’s practice. (If you are teaching this course online, use a chat room for discussion purposes.)

Class Activities 1. Call student attention to the quote that opens this chapter and ask students to reflect on its meaning. What would account for this discrepancy?

2. Ask students what links exist between mental illness and crime. If the consensus is “causal,” ask them what the implications of that statement are for the “freewill” argument and the “get-tough-on-crime” approach. What is being punished?

3. Ask students to differentiate between the pleas of not guilty by reason of insanity, incompetent to stand trial, and guilty but mentally ill. What policies can they propose for each category?

4. Challenge students to explain the relatively low success rate for defendants who enter the plea of not guilty by reason of insanity.

5. Ask an official with the office of the local prosecutor to speak to your class on the subject of “court determination of not guilty by reason of insanity.” Have students prepare questions beforehand about the satisfactions and challenges of the prosecutor’s job. (If you are teaching this class online, use a chat room for discussion purposes.)

6. Develop a vignette dealing with a dangerous offender, and ask students to predict if the offender is dangerous, how long between prediction and reoffending, and what correctional program that person should receive. Then present a synopsis of a case of a serial killer, and repeat the process.

7. Ask students to propose a three-phase diversion program for the developmentally challenged offender at point of first arrest.

8. Ask a forensic therapist or psychologist to lecture in your class on managing the developmentally challenged offender in a correctional situation.

9. Ask students to brief the case of Ruiz v. Estelle and ask if developmentally challenged inmates have a constitutional right to treatment. If the consensus is “yes,” ask what treatment should be provided.

10. Using the five types of offenders, ask students what probation conditions should be imposed prior to incarceration. If students insist on imprisonment, ask about special conditions of parole.

11. Ask students what aggression might be inflicted on child sexual abusers and child molesters. Then ask: “From the perspective of correctional administration, what security procedures should be implemented to protect child abusers and child molestors?” When the discussion ends, ask them whether those convicted of child neglect should receive imprisonment.

12. Ask students what outcome indicators should be used to determine success in treatment of sex offenders. Note the sometimes-lengthy period between some sexual offenses and later reoffending.

13. Using a notorious case of child sexual abuse, ask students what types of treatment should be considered for the offender and what community corrections programs should be used. If consensus is long-term incarceration, shift from the notorious case to that of sexual abuse of children by priests.

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14. Ask a correctional officer in a jail or prison to lecture in your class on the special problems AIDS patients pose for correctional staff, and what coping mechanisms have been developed, including segregation. Have students prepare written questions beforehand on patient employment, insurance, relationship with family, and diet. (If you are teaching this class online, use a chat room for discussion purposes.)

15. Ask students what skills should be developed in custody staff working with elderly inmates. How should these skills be developed?

16. Structure a debate on the topic of whether or not inmates should be released into community corrections when they reach 76 years of age. In particular, focus on parole and on release mechanisms that “extend the limits of confinement to include residence in the community.”

17. Break students into three groups and present them with a vignette of a confrontation and physical fight between two elderly inmates. Ask how the custody staff will intervene and the potential outcomes of use of force with elderly combatants.

Thematic Questions 1. What special management problems do wardens and superintendents face with special-category inmates in their facilities?

Homework 1. Assign students to locate an article on sexual offender registries and submit a three-paragraph essay on their impressions of the article.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. The first insane asylum was constructed in Europe in 1408. From that date until recently, the asylum was a “dumping ground” for all of the mentally disordered people who could be neither understood nor cured.

2. There are two justifications that defendants can invoke in an attempt to relieve themselves of criminal responsibility for a criminal act. The first is not guilty by reason of insanity (NGRI); the second is incompetent to stand trial.

3. Lewd and lascivious conduct, acts against nature, carnal knowledge, and sodomy are some common sexual offenses.

4. The position of the American Psychiatric Association is that significant changes in the legislation should be made to deal with the disposition of violent persons acquitted by NGRI: Special legislation should be designed for those persons charged with violent offenses who have been found not guilty by reason of insanity. Confinement and release decisions should be made by a board including both psychiatrists and other professionals representing the criminal justice system and akin to a parole board. Release should be conditional on having a treatment supervision plan in place, with the necessary resources available to implement it.

The board having jurisdiction over the released insanity acquittees should also have the authority to reconfine them. When psychiatric treatment in a hospital setting has obtained the maximal treatment benefit possible, but the board believes that for other reasons confinement is still necessary, the insanity 133

acquittee should be transferred to the most appropriate nonhospital facility (prison).

5. In prison, the developmentally challenged offender is slower to adjust to routine, has more difficulty in learning regulations, and accumulates more rule infractions which, in turn, affect housing, parole, and other related matters. Retarded [developmentally challenged] inmates rarely take part in rehabilitation programs because of their desire to mask their deficiencies. They often suffer the brunt of practical jokes and sexual harassment. Such inmates are more often denied parole, serving on the average two or three years longer than other prisoners for the same offense.

6. Administrators from both fields (corrections and mental health) have a tendency to regard the developmentally challenged offender as a misfit in their system of services. (People with developmental challenges tend to have higher rates of involvement in violent incidents in prison.) Well-meaning administrators from both systems look to one another to assume responsibility for programming and funding. Because of the few resources available to each system and even more pressing concerns, the result is often very limited programming.

7. Various treatments exist for sexual offenders, but most research indicates psychological, behavioural, and cognitive behaviour strategies. Other members suggest certain sexual offenders cannot be treated. This aspect is still up for debate.

8. Hand washing techniques, searching aspects, exposure reporting, waste policy procedure, among other tactics.

9. One factor that may contribute to the low rates of transmission is the availability of condoms and extensive AIDS education programs in some confinement facilities. Three jails in California and at least two state prison systems (Vermont and Oregon) make condoms available to inmates.

10. Due to lengthy sentencing, mandatory minimum sentences, and “tough-on-crime” and War on Drugs policies, incarceration has often been the option of choice. As sentences have gotten longer, so has the prison population grown older. Together, these have significantly slowed the exit of inmates from confinement and created a large population of geriatric inmates who require increasingly costly medical care, as well as special considerations that are difficult for facilities to implement.

The challenges presented and faced by geriatric inmates will to increase as this population continues to grow.

11. This difference is in large part is a result of a lack of sufficient health care and inaccessibility of healthy living prior to imprisonment, elderly inmate deterioration and rapid aging due to heavy stresses behind bars, and the costs of health care for more seriously challenged elderly inmates. Many states are now forced to deal with the demonstrated fact of massive spending on incarceration of the elderly, which is fiscally difficult to sustain, and, in terms of public safety, unnecessary.

12. Sadly, jails and prisons have become a dumping ground for mentally ill individuals, thus the correctional system is forced to deal with these individuals.

13. Unlike mental illnesses, the developmentally challenged and lower-functioning inmates are not treated with medication, but may learn both skills and coping 134

mechanisms that would allow them to lead more satisfactory and productive lives.

14. Guilty but mentally ill has helped, but not completely solved the problem of dealing with mentally ill individuals.

15. Transgender inmates are housed with the general population; however, placement is often made on a case-by-case basis.

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TESTBANK

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Corrections in America: An Introduction, 15e (Allen) Chapter 1 Early History (2000 B.C. to A.D. 1800) 1.1 Multiple Choice 1) The concept of retaliation develops into a system of criminal law when it becomes customary for the victim of the wrongdoing to A) take revenge on the person who wronged them.

B) start a vendetta against the wrongdoer's family.

C) report the crime to the proper authorities.

D) accept something else instead of blood vengeance.

Answer: D Page Ref: 5 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 2) Lex talionis is more commonly known as A) the "mark of the slave."

B) penal servitude.

C) "an eye for an eye."

D) the death penalty.

Answer: C Page Ref: 6 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 3) Criminal law typically requires ________ action against a wrongdoer.

A) public B) retaliatory C) aggressive D) fair Answer: A Page Ref: 5 Objective: Summarize the definition, mission, and role of corrections.

Level: Intermediate 4) The first people to allow their citizens to prosecute an offender in the name of an injured party were the A) Babylonians.

B) Sumerians.

C) Romans.

D) Greeks.

Answer: D Page Ref: 7 Objective: Summarize early responses to crime prior to the development of prisons.

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Level: Basic 5) What was the main contribution of the medieval church to the study of corrections?

A) Punishment is necessary to establish guilt or innocence.

B) Torture and brutal treatment is a necessary method of questioning.

C) Individuals have free will and can be held accountable for their actions.

D) Everyone should receive the same punishment, regardless of social standing.

Answer: C Page Ref: 7 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 6) Which of the following is not an example of corporal punishment?

A) Torture B) Branding C) Mutilation D) Imprisonment Answer: D Page Ref: 8 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 7) What theory advocated by Sir Thomas More was not considered acceptable at the time but has become the foundation for modern theories of penology and criminology?

A) Public punishment can deter potential offenders.

B) Social revenge is an appropriate justification for punishing an offender.

C) Punishment cannot prevent crime.

D) Punishment is a way for offenders to repay society and atone for transgressions against God. Answer: C Page Ref: 10 Objective: Describe how secular law emerged.

Level: Intermediate 8) What was the purpose of the Bridewells constructed in England in the 1500s?

A) They were workhouses created to provide employment and housing for the unemployed.

B) They were prisons designed to incarcerate individuals convicted of serious felony offenses.

C) They were asylums sponsored by the Christian church to place wrongdoers in seclusion.

D) They were early cellular prisons designed for incorrigible juveniles.

Answer: A Page Ref: 12 Objective: Outline the development of the prison.

Level: Intermediate 138

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9) Jail fever was a common term for A) mental illness.

B) typhus.

C) claustrophobia.

D) psychosis.

Answer: B Page Ref: 12 Objective: Outline the development of the prison.

Level: Basic 10) Which of the following ideas was not conceived by Cesare Beccaria?

A) Individuals should be regarded as innocent until proven guilty.

B) Torture during criminal procedures should be abolished.

C) Preventing crimes is more important than punishment for crimes.

D) The purpose of punishment is to provide social revenge.

Answer: D Page Ref: 13, 14, 15 Objective: Describe how secular law emerged.

Level: Intermediate 11) Bentham's "hedonistic calculus" was developed from the belief that A) the effectiveness of deterrence can be calculated mathematically.

B) math and science are interconnected.

C) crime can be controlled through statistical analysis.

D) behavior can be influenced in a scientific manner.

Answer: D Page Ref: 14 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 12) Which of the following describes Bentham's idea that the main objective of an intelligent person is to maximize pleasure and minimize pain?

A) Hedonistic calculus B) Friedensgeld C) Civil death D) Lex humana Answer: A Page Ref: 15 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Basic

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13) All of the following are among John Howard's principles for a penitentiary system except A) systematic inspection.

B) hard physical labor.

C) secure and sanitary structures.

D) abolition of fees.

Answer: B Page Ref: 15 Objective: Outline the development of the prison.

Level: Intermediate 14) The deportation of criminals to America from England between 1596 and 1776 was known as A) restitution.

B) exoneration.

C) transportation.

D) inquisition.

Answer: C Page Ref: 18 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 15) The deportation of criminals to America from England stopped because of A) persistent complaints filed against the monarchy.

B) the beginning of the American Revolution.

C) a decision to redirect transportation to Australia.

D) the increasingly expensive cost of the voyages.

Answer: B Page Ref: 18 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 16) Old transport ships that were anchored in rivers and harbors in Britain to confine criminal offenders were known as A) hulks.

B) Bridewells.

C) gaols.

D) workhouses.

Answer: A Page Ref: 19 Objective: Outline the development of the prison.

Level: Basic

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17) The Hospice of San Michele in Rome exclusively handled A) the elderly.

B) the criminally insane.

C) juveniles.

D) the terminally ill.

Answer: C Page Ref: 20 Objective: Outline the development of the prison.

Level: Basic 18) Which of the following was not one of the main concepts carried over from the earliest cellular institutions?

A) Withholding food from inmates B) Community-centered labor C) Individual sleeping areas D) A monastic regimen of silence and expiation Answer: A Page Ref: 20 Objective: Outline the development of the prison.

Level: Intermediate 19) The first true correctional institution in America was A) Mamertine Prison.

B) the Great Law. C) the Walnut Street Jail.

D) the Brank.

Answer: C Page Ref: 22 Objective: Outline the development of the prison.

Level: Basic 20) The system of prison discipline that used total isolation or solitary confinement was known as the A) Great Law. B) English Anglican Code.

C) Quaker Code.

D) Pennsylvania System.

Answer: D Page Ref: 23 Objective: Outline the development of the prison.

Level: Basic

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21) Which of the following led to the ultimate failure of the Walnut Street Jail program?

A) Too many prisoners revolted.

B) It became overcrowded.

C) There were not enough inmates.

D) Disease became too rampant.

Answer: B Page Ref: 24 Objective: Outline the development of the prison.

Level: Intermediate 22) Which of the following shows the correct historical sequence for the development of correctional philosophies?

A) Corporal punishment, penal servitude, workhouses, penitentiaries B) Corporal punishment, workhouses, penal servitude, penitentiaries C) Penal servitude, corporal punishment, workhouses, penitentiaries D) Workhouses, corporal punishment, penal servitude, penitentiaries Answer: C Page Ref: 6, 8, 12, 22 Objective: Outline the development of the prison.

Level: Intermediate 1.2 True-False 1) Early in history, personal revenge was often considered obligatory.

Answer: TRUE Page Ref: 5 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 2) The first punishment imposed by society was probably outlawry.

Answer: TRUE Page Ref: 5 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 3) The concept of lex talionis first appears in the Bible.

Answer: FALSE Page Ref: 6 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 4) Civil death was an early name for penal servitude.

Answer: TRUE Page Ref: 6 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 143

5) The most common forms of state punishment over the centuries were corporal punishments.

Answer: TRUE Page Ref: 8 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 6) The use of capital and corporal punishment was based on the belief that public punishment would be a deterrent to potential criminals.

Answer: TRUE Page Ref: 8 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 7) The emergence of secular law was supported by scholars advocating the independence of the monarchy from the pope.

Answer: TRUE Page Ref: 10 Objective: Describe how secular law emerged.

Level: Intermediate 8) Sir Thomas More argued that the primary way to prevent crime was through punishment.

Answer: FALSE Page Ref: 10 Objective: Describe how secular law emerged.

Level: Intermediate 9) In the early days of secular law, extremely severe punishment did not curtail the volume of crime.

Answer: TRUE Page Ref: 10 Objective: Describe how secular law emerged.

Level: Intermediate 10) Originally, imprisonment was just used as a means to hold the accused until an official punishment was handed out.

Answer: TRUE Page Ref: 11 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 11) Workhouses were designed as places of confinement for convicted criminals.

Answer: FALSE Page Ref: 12 144

Objective: Outline the development of the prison.

Level: Basic 12) Cesare Beccaria argued that the purpose of punishment is to deter crime.

Answer: TRUE Page Ref: 14 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 13) The Penitentiary Act led to the increased use of hulks to incarcerate offenders in England.

Answer: FALSE Page Ref: 15 Objective: Outline the development of the prison.

Level: Intermediate 14) Hulks were intended as a temporary solution to the problem of overcrowding in England.

Answer: TRUE Page Ref: 19 Objective: Outline the development of the prison.

Level: Intermediate 15) The main concepts drawn from early cellular institutions included a focus on penitence and monastic contemplation.

Answer: TRUE Page Ref: 20 Objective: Outline the development of the prison.

Level: Intermediate 16) William Penn advocated the use of capital punishment in Pennsylvania.

Answer: FALSE Page Ref: 21 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 17) The Walnut Street Jail was the first true correctional institution in the United States.

Answer: TRUE Page Ref: 22 Objective: Outline the development of the prison.

Level: Intermediate 18) The Pennsylvania system called for solitary confinement after a long day of hard labor.

Answer: FALSE 145

Page Ref: 23 Objective: Outline the development of the prison.

Level: Intermediate

146

19) The role of corrections is mainly to deter potential criminals from becoming involved in crime.

Answer: FALSE Page Ref: 25 Objective: Summarize the definition, mission, and role of corrections.

Level: Intermediate 20) The objective of corrections is to protect society through punishment and offender change.

Answer: TRUE Page Ref: 25 Objective: Summarize the definition, mission, and role of corrections.

Level: Intermediate 1.3 Fill in the Blank 1) The concept of lex ________ emphasizes repaying in kind, such as an "eye for an eye, a tooth for a tooth."

Answer: talionis Page Ref: 6 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 2) ________ death occurred when an offender was placed in penal servitude and lost all rights and property.

Answer: Civil Page Ref: 6 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 3) The main contribution of the ________ church to the study of corrections was the concept of free will.

Answer: medieval Page Ref: 7 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 4) ________ punishment included whipping, branding, mutilation, and caning.

Answer: Corporal Page Ref: 8 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate

147

5) In early America, punishments using devices such as the stocks and pillory emphasized ________ humiliation.

Answer: public Page Ref: 9 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 6) ________ looks at the reasons for and consequences of crime.

Answer: Criminology Page Ref: 10 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Basic 7) A(n) ________ was a workhouse created for the employment and housing of London's unemployed or underemployed working classes.

Answer: Bridewell Page Ref: 12 Objective: Outline the development of the prison.

Level: Basic 8) The Age of Enlightenment was a philosophical movement emphasizing ________.

Answer: rationalism Page Ref: 13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 9) Cesare Beccaria was the founder of the ________ School of Criminology.

Answer: Classical Page Ref: 13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Basic 10) Jeremy Bentham believed ________ could deter crime if it was made relevant to the crime.

Answer: punishment Page Ref: 15 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate

148

11) Prior to the American Revolution, ________ to the American colonies was used as a punishment in England.

Answer: transportation Page Ref: 18 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 12) ________ labor was a predecessor to slavery in America.

Answer: Convict Page Ref: 18 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 13) The Quaker belief that hard labor was the most effective way to deal with criminals was embodied in their colonial code, known as the ________ Law. Answer: Great Page Ref: 21 Objective: Outline the development of the prison.

Level: Intermediate 14) The system of prison discipline used in the Walnut Street Jail was known as the ________ system.

Answer: Pennsylvania Page Ref: 23 Objective: Outline the development of the prison.

Level: Intermediate 15) The role of corrections is to punish and ________ offenders.

Answer: rehabilitate Page Ref: 25 Objective: Summarize the definition, mission, and role of corrections.

Level: Intermediate

149

1.4 Matching Match the terms in Column 1 with their meanings in Column 2.

A) The concept of atonement for wrongs by payment to appease the victim's family B) The practice of paying restitution for crime to both the victim and the Crown C) A prolonged series of retaliatory acts D) An act designed to repay in kind or return like for like 1) Wergeld Page Ref: 5 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 2) Friedensgeld Page Ref: 5 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 3) Retaliation Page Ref: 5 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 4) Vendetta Page Ref: 5 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate Answers: 1) A 2) B 3) D 4) C

150

Match the methods of corporal punishment in Column 1 with their descriptions in Column 2.

A) Whipping with a short lash or cat-o'-nine-tails B) A locked frame into which an offender's head and hands were fastened C) A punishment that involved cutting off a part of the offender's body D) A birdcage-like instrument put on the head that would cut the mouths of gossipers 5) Brank Page Ref: 8-9 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 6) Pillory Page Ref: 8-9 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 7) Mutilation Page Ref: 8-9 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate 8) Flogging Page Ref: 8-9 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate Answers: 5) D 6) B 7) C 8) A

151

Match the early legal concepts in Column 1 to their definitions in Column 2.

A) Laws enacted by humans B) The act of repaying in kind C) Eternal law that cannot be changed by humans D) A legal theory that there are laws that occur across all culture 9) Lex humana Page Ref: 5, 10 Objective: Describe how secular law emerged.

Level: Intermediate 10) Lex naturalis Page Ref: 5, 10 Objective: Describe how secular law emerged.

Level: Intermediate 11) Lex talionis Page Ref: 5, 10 Objective: Describe how secular law emerged.

Level: Intermediate 12) Lex eterna Page Ref: 5, 10 Objective: Describe how secular law emerged.

Level: Intermediate Answers: 9) A 10) D 11) B 12) C

152

Match the early institutions in Column 1 to their descriptions in Column 2.

A) A Belgian workhouse for beggars emphasizing hard work and discipline B) An asylum that placed the wrongdoer in seclusion or arrest in cities C) A workhouse created for the housing and employment of the unemployed in London D) An early Roman place of confinement built under the main sewer of Rome 13) Mamertine prison Page Ref: 11, 12, 20 Objective: Describe the development of the prison.

Level: Intermediate 14) Bridewell Page Ref: 11, 12, 20 Objective: Describe the development of the prison.

Level: Intermediate 15) Sanctuary Page Ref: 11, 12, 20 Objective: Describe the development of the prison.

Level: Intermediate 16) Maison de Force Page Ref: 11, 12, 20 Objective: Describe the development of the prison.

Level: Intermediate Answers: 13) D 14) C 15) B 16) A

153

Match the Enlightenment thinker in Column 1 to his views in Column 2.

A) Developed the concept of hedonistic calculus B) Proposed a reorientation of criminal law towards humanistic goals C) Brought the abuses of criminal law to public attention D) Became involved in trials challenging ideas of legalized torture, criminal responsibility, and justice 17) Bentham Page Ref: 12-13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 18) Voltaire Page Ref: 12-13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 19) Montesquieu Page Ref: 12-13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate 20) Beccaria Page Ref: 12-13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Intermediate Answers: 17) A 18) D 19) C 20) B

154

1.5 Essay 1) Discuss the most common forms of state punishment used over the centuries and explain the basic purposes underlying these punishments. What popular practice was used in early America and why?

Answer: Answers should describe the various types of corporal punishments used on criminals, as well as discussing capital punishment. These acts symbolized retribution, and were also used to obtain confessions, often from innocent persons. In early America, a popular practice was to carry out these punishments in public. This was due to a belief that punishment, particularly capital punishment but also punishments that led to the offender's public humiliation, would act as a deterrent to potential wrongdoers.

Page Ref: 8-9 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Difficult 2) Discuss the evolution of penal institutions throughout early history.

Answer: Answers should first make mention of the earliest types of prisons — cages, stone quarries, dungeons, the dungeons of the Mamertine prison in Rome, prison chambers, asylums, and abandoned buildings. As time went on, institutions such as workhouses, houses of correction, and gaols were built, though they were not much more humane than some of the earliest attempts. In Belgium, Vilain attempted to improve the administration of the workhouse by classifying and separating prisoners according to age and sex, and separating felons from minor offenders. The Hospice of San Michele was one of the first institutions to exclusively handle juvenile offenders and focused on expiation and reform. Finally, the prototype for the modern prison system was born with the construction of the Walnut Street Jail. Though it ultimately failed, the concept was born.

Page Ref: 11-13, 16-17, 20-24 Objective: Outline the development of the prison.

Level: Difficult 3) Describe how secular law emerged.

Answer: Answers should review the three laws identified by Thomas Aquinas — lex eternal, lex naturalis, and lex humana — and stress that lex humana was considered valid only if it did not conflict with the other two. They should include the notion that as secular leaders (monarchs) became more powerful they wanted to pull away from the divine legal order of the church, due to its restrictions on their power. Answers should also discuss Sir Thomas More's views on unification of church and state and his theory regarding the effect of punishment on crime prevention.

Page Ref: 9-10 Objective: Describe how secular law emerged.

Level: Difficult

155

4) Define the Age of Enlightenment and explain how it influenced and changed penal philosophy.

Answer: Answers should explain that the Age of Enlightenment was a philosophical movement during the 18th century that stressed rejection of traditional social, political and religious ideas while emphasizing rationalism. During this period, philosophers began to recognize and embrace the idea of humane treatment for offenders and to challenge traditional ideas underlying criminal law and punishment. Prior to this time, penal philosophy was geared toward punishment with no care for the dignity of the imprisoned person. Punishment could be extremely torturous and brutal, early prison conditions terribly inhumane. The Age of Enlightenment steered penal institutions toward more dignified, compassionate incarceration and treatment.

Page Ref: 13 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Difficult 5) List and explain three of Cesare Beccaria's proposals regarding crime and social policy.

Answer: Answers may include references to the following ideas put forth by Beccaria: crime is to be considered an injury to society; prevention of crime is more important than punishment; torture should be abolished; society should strive for the happiness of its people; punishment's purpose is deterrence; there should be no capital punishment; imprisonment should be widely used but with improved conditions; an individual is innocent until proven guilty; an individual cannot testify against himself; an individual should have the right to counsel, and an individual should have the right to a trial by jury.

Page Ref: 13-15 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Difficult 6) How has society historically dealt with prison overcrowding?

Answer: Answers should include references to deportation (transportation), the building of more facilities, and the use of hulks.

Page Ref: 18-19 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Intermediate

156

1.6 Critical Thinking 1) What can we learn from studying the history of corrections?

Answer: Answers will vary. As with the study of any type of history, we are able to examine what has worked and what hasn't over time and circumstances. This examination can help us to apply the wisdom of past philosophers and enable us to apply it to our lives today. It will help us try to reduce crime, keep society safe, better understand criminals, rehabilitate redeemable offenders, and more successfully run correctional institutions.

Page Ref: 3-20 Objective: Summarize the definition, mission, and role of corrections.

Level: Difficult 2) Discuss whether a Bridewell-type facility that is based on the concept of the Quaker's Great Law would be effective in the United States today.

Answer: Answers will vary but should demonstrate a clear understanding of Bridewells and the philosophies incorporated in the Great Law. Students should apply their understanding of these concepts to modern-day America and support their views regarding whether or not this type of facility might be effective today.

Page Ref: 12, 17 Objective: Summarize sentencing goals and primary punishment philosophies from 1800 to present.

Level: Difficult

157

Corrections in America: An Introduction, 15e (Allen) Chapter 2 Prisons (1800 to the Present) 2.1 Multiple Choice 1) The Eastern Penitentiary was characterized by all of the following except A) silence.

B) solitary confinement.

C) inside cells.

D) separation of inmates.

Answer: C Page Ref: 32 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 2) The Auburn system was characterized by all of the following except A) freedom to converse with others.

B) a large, centralized work area.

C) congregate eating and working.

D) militaristic procession.

Answer: A Page Ref: 34 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 3) The main difference between the Pennsylvania and Auburn systems was that in the Auburn system, inmates A) remained in solitary confinement.

B) were kept isolated from one another.

C) ate meals in their cells.

D) performed congregate work in shops.

Answer: D Page Ref: 34 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 4) Multitier living cells usually stacked in tiers were known as A) the congregate system.

B) cell blocks.

C) inside cells.

D) the Auburn system.

Answer: B Page Ref: 35 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Basic

158

5) What was the main theme common to both the Pennsylvania and Auburn prisons systems?

A) The emphasis on solitary confinement to prevent inmates from contaminating each other B) The use of inside cells to increase prison security C) A focus on congregate work D) The belief in silence as a way to encourage improved inmate behavior Answer: D Page Ref: 35 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 6) Which of the following was not a reason why the Auburn system became the dominant prison design?

A) There were fewer disciplinary problems with inmates in Auburn system prisons.

B) There was less mental illness in Auburn system prisons than in the Pennsylvania model.

C) Auburn system prisons were cheaper to build.

D) The Auburn system generated greater profits.

Answer: A Page Ref: 35-36 Objective: Explain why the Auburn system became the dominant prison design.

Level: Intermediate 7) Which of the following was not a characteristic of early 19th century penitentiary system in America?

A) A focus on rehabilitation B) Rules designed to maintain total control of prisoners C) An emphasis on discipline D) The imposition of silence Answer: A Page Ref: 36 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 8) Which was not a reason for the use of degrading prison garb at Auburn and Sing Sing?

A) The increased commercialization of prisons B) Easy identification of prisoner classification C) Increased institutionalization of inmates D) Easy identification of escapees Answer: A Page Ref: 37 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate

159

9) One of the main innovations from Auburn and Eastern State Penitentiary that persist today is A) the use of total solitary confinement.

B) enforced silence.

C) prison industries.

D) corporal punishment.

Answer: C Page Ref: 38 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 10) A period of confinement that has specified minimum and maximum lengths and allows release to be dependent upon rehabilitation is known as a(n) A) mark system.

B) indeterminate sentence.

C) flat sentence.

D) quantity of labor.

Answer: B Page Ref: 38 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 11) Alexander Maconochie showed that A) rehabilitation is rarely successful.

B) imprisonment can be used to prepare criminals to return to society.

C) inmates should never be in control of their destiny.

D) indeterminate sentencing was destined to fail.

Answer: B Page Ref: 38-39 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 12) The Irish System's program of conditional leave was a precursor to the modern system of A) determinate sentencing.

B) probation.

C) industrial prisons.

D) parole.

Answer: D Page Ref: 40 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic

160

13) Which of the following was not a component of early reformatories?

A) A focus on education B) Conditional release C) Degrading clothing for inmates D) An emphasis on training Answer: C Page Ref: 40 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 14) In which way did the programs at Elmira differ from adult prisons?

A) A greater focus on punishment over rehabilitation B) Greater religious involvement C) Increased focus on prison discipline D) Increased academic education and trade training Answer: D Page Ref: 41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 15) The two main contributions of the reformatory era to corrections were A) discipline and punishment.

B) education and vocational training.

C) indeterminate sentencing and parole.

D) rehabilitation and redress.

Answer: C Page Ref: 41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 16) The penitentiary system in the South was virtually wiped out as a result of A) the effects of the Civil War. B) clashing penal philosophies.

C) a drop-off in the number of criminals.

D) the reformatory movement.

Answer: A Page Ref: 42 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic

161

17) Which of the following statements is not true of the lease system?

A) It made a positive contribution to corrections.

B) It was essentially akin to slavery.

C) It was profitable for the states and those who leased the inmates.

D) It began after the slaves were freed at the end of the Civil War. Answer: A Page Ref: 42 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 18) Lease systems were replaced in southern states by A) prison factories.

B) contract systems.

C) prison farms.

D) vocational training.

Answer: C Page Ref: 42 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 19) Legislators supported industrial prisons after they realized the prisons were A) reforming convicts.

B) making a profit.

C) not supported by unions.

D) failing miserably.

Answer: B Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 20) One reason the industrial prison did not last was because A) reform and rehabilitation were deemed more important.

B) the prisons were not making enough of a profit.

C) the convicts were putting out poor products.

D) it proved to be unfair competition for other businesses.

Answer: D Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate

162

21) Which of the following was not a result of the opposition to prison industries and the end of the industrial prison?

A) A return to an emphasis on punishment and custody B) A stronger relationship with organized labor C) A return to a system of enforced idleness D) The adoption of more reformatory methods Answer: B Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 22) Which of the following was a contribution to corrections made by the U.S. Bureau of Prisons during the period of transition between 1935 and 1960?

A) The elimination of the problem of lock psychosis B) The development of a new form of industrial prison C) The development of diagnosis and classification systems D) The creation of the convict bogey viewpoint Answer: C Page Ref: 45 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 23) Which change in prisons contributed to an increase in riots?

A) The increased use of diagnosis and classification systems B) The use of professional personnel to help rehabilitate inmates C) Increased funding for correctional facilities D) The elimination of prison industry programs Answer: D Page Ref: 46 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 24) How did the turbulence in American society in the 1960s impact prisons?

A) It contributed to renewed focus on the medical model.

B) Inmates engaged in periodic prison riots and other forms of disorder in prisons.

C) The Supreme Court moved away from its focus on individual rights for those involved in the criminal justice system.

D) Efforts at rehabilitation increased in response to increasing rates of crime.

Answer: B Page Ref: 47 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate

163

25) Beginning the late 1960s, the nature of demands of inmates engaged in prison riots increasingly began to change to a focus on A) demands for basic individual rights within prisons.

B) the poor living conditions within prisons.

C) complaints about excessive punishment.

D) concerns about guard brutality targeting inmates.

Answer: A Page Ref: 48 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 26) The recent decline in the number of inmates in state prisons since 2009 is attributed to A) a significant decrease in crime in the United States.

B) a reduction in fear of crime.

C) the financial recession.

D) changes in correctional policy.

Answer: C Page Ref: 49 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 27) Which of the following was not a result of the 1980s get tough approach to crime?

A) Rapid expansion of the prison population B) Increased prison overcrowding C) Massive jail and prison construction D) An increase in early-release mechanisms from prison Answer: D Page Ref: 49 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 2.2 True-False 1) The Walnut Street Jail became the model of the Pennsylvania system.

Answer: FALSE Page Ref: 32 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Basic 2) The effects of solitary confinement and enforced idleness were never tested in the Auburn system.

Answer: FALSE Page Ref: 34 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 164

165

3) Under the Auburn system, it was believed that prisoners would contaminate each other if they spoke to one another.

Answer: TRUE Page Ref: 34 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 4) The Pennsylvania system became the dominant prison design because it was cheaper and more profitable for the state.

Answer: FALSE Page Ref: 36 Objective: Explain why the Auburn system became the dominant prison design.

Level: Intermediate 5) In the early penitentiaries, the imposition of silence was seen as the most important part of the prison discipline program.

Answer: TRUE Page Ref: 37 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 6) In early prisons, treadmills were a form of exercise.

Answer: FALSE Page Ref: 37 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Basic 7) The length of an indeterminate sentence is not affected by the inmate's behavior while in prison.

Answer: FALSE Page Ref: 38 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 8) Maconochie developed the mark system that allowed inmates to earn their freedom by hard work and good behavior.

Answer: TRUE Page Ref: 38 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 9) Under the Irish system, a ticket-of-leave was equivalent to a full pardon for the offender.

Answer: FALSE Page Ref: 40 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 166

10) At Elmira Reformatory, Zebulon Brockway focused on reducing recidivism through education programs.

Answer: TRUE Page Ref: 40 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 11) The main contributions of the reformatory era were parole and indeterminate sentences.

Answer: TRUE Page Ref: 41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 12) Industrial prisons were institutions owned and run by large businesses.

Answer: FALSE Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 13) The Hawes-Cooper and Ashurst-Sumners Acts ultimately put an end to the success of industrial prisons.

Answer: TRUE Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 14) Alcatraz was ultimately closed down because too many high-profile convicts escaped.

Answer: FALSE Page Ref: 45 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 15) The elimination of prison industries contributed to increased discontent among inmates and led to riots.

Answer: TRUE Page Ref: 45 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 16) The civil rights movement contributed to a change in the demands made by inmates during prison riots.

Answer: TRUE Page Ref: 47 Objective: Describe prison development from the reformatory era to the modern era.

167

Level: Intermediate

168

17) Outside social issues regularly carried over into prisons during the 20th century.

Answer: TRUE Page Ref: 47 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 18) The recent decline in the number of state inmates is due to major changes in correctional policy.

Answer: FALSE Page Ref: 49 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 2.3 Fill in the Blank 1) The ________ system emphasized solitary confinement in outside cells as well as inmate silence and individual labor.

Answer: Pennsylvania Page Ref: 32 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 2) The model in which prisoners work and eat together in total silence was known as the ________ system.

Answer: Auburn Page Ref: 34 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 3) The final deciding factor in the battle between the Pennsylvania and Auburn system was ________.

Answer: economics Page Ref: 36 Objective: Explain why the Auburn system became the dominant prison design.

Level: Intermediate 4) The ________ formation involved lines of inmates marching with hands on shoulders.

Answer: lockstep Page Ref: 37 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 5) ________ confinement was also known as a "prison within a prison."

Answer: Solitary Page Ref: 38 Objective: Compare and contrast the Pennsylvania and Auburn systems.

Level: Intermediate 169

6) With an indeterminate sentence, the inmate is released when ________ has been achieved.

Answer: rehabilitation Page Ref: 38 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 7) The idea of conditional liberty is today commonly known as ________.

Answer: parole Page Ref: 40 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 8) The ________ system involved private contractors hiring inmates to perform work details.

Answer: lease Page Ref: 42 Objective: Describe prison development from the reformatory era to the modern era.

Level: Basic 9) The Ashurst-Sumners Act essentially stopped the ________ transport of prison products.

Answer: interstate Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 10) The U.S. Bureau of ________ became the national leader in corrections in the 20th century.

Answer: Prisons Page Ref: 45 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 11) The 1960s marked the beginning of the ________ era of corrections.

Answer: modern Page Ref: 47 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 12) A correctional overseer who investigates complaints is a(n) ________.

Answer: ombudsman Page Ref: 48 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate

170

2.4 Matching Match the correctional system in Column 1 with its description in Column 2.

A) A prison system that provided for solitary confinement, silence, and labor in outside cells B) A prison system with an inside cell design, a congregate work area, and enforced silence C) A prison system where inmates could earn their freedom D) A prison system designed to enforce penitence 1) Penitentiary system Page Ref: 31, 32, 34, 40 Objective: n/a Level: Intermediate 2) Pennsylvania system Page Ref: 31, 32, 34, 40 Objective: n/a Level: Intermediate 3) Auburn system Page Ref: 31, 32, 34, 40 Objective: n/a Level: Intermediate 4) Irish System Page Ref: 31, 32, 34, 40 Objective: n/a Level: Intermediate Answers: 1) D 2) A 3) B 4) C

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Match the reformist in Column 1 with one of his greatest contributions in Column 2.

A) Conditional pardon B) Education C) Mark system D) Discipline 5) Elam Lynds Page Ref: 36, 38-41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 6) Captain Alexander Maconochie Page Ref: 36, 38-41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 7) Sir Walter Crofton Page Ref: 36, 38-41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 8) Zebulon Brockway Page Ref: 36, 38-41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate Answers: 5) D 6) C 7) A 8) B

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Match the concept in Column 1 with its correct definition in Column 2.

A) An idea that an inmate can earn release after achieving rehabilitation B) A system in which a convict could earn points for hard work and good behavior C) A prison management system in which inmates could earn conditional pardons D) The hiring of inmates for work by private contractors 9) Mark system Page Ref: 38, 40, 42 Objective: n/a Level: Intermediate 10) Indeterminate sentence Page Ref: 38, 40, 42 Objective: n/a Level: Intermediate 11) Irish system Page Ref: 38, 40, 42 Objective: n/a Level: Intermediate 12) Lease system Page Ref: 38, 40, 42 Objective: n/a Level: Intermediate Answers: 9) B 10) A 11) C 12) D

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2.5 Essay 1) Why did the Auburn system became the dominant prison design?

Answer: Answers should discuss the main factors that decided the competition, including the lower incidence of mental illness in Auburn, the cheaper per-cell construction costs, and the greater profits obtained. The importance of economics should be stressed.

Page Ref: 35-36 Objective: Explain why the Auburn system became the dominant prison design.

Level: Intermediate 2) What were the key principles of Maconochie's system and how did his system influence the Irish System?

Answer: Answers should identify the five principles of Maconochie's system, including the use of task sentences; the use of marks; the need for inmates to earn everything they receive; the development of groups of inmates responsible for each other's conduct and labor; and the need to reduce discipline to prepare inmates for release. Answers should include a description of Crofton's Irish System. The mark system developed by Maconochie was adapted by Crofton, who created a series of stages, each bringing the convict closer to the free society.

Page Ref: 38-40 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult 3) What are some of the standards that Brockway insisted upon at his reformatory in Elmira, New York?

Answer: Answers can include, but are not limited to the following: an abundance of natural and artificial light, uniform but not degrading clothing, a liberal diet, facilities for athletics, facilities for manual and vocational training, a military organization, a school curriculum, a library, an institutional newspaper, recreation, and religious opportunities.

Page Ref: 40-41 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult 4) Discuss the effect of the industrial prison throughout its evolution.

Answer: Answers should mention that the idea for the industrial prison was initially a success. It was a success for inmates because they had a job to do and they suffered much less from the effects of too much idle time. It was a success for the prison and the states because the inmates were actually putting out a marketable product. Everything seemed to be working out well until competing businesses and workers' unions started complaining. As a result, legislation was passed that essentially put an end to industry in prison.

Page Ref: 43 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult

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5) What were some of the reasons given for the increased number of riots during the correctional period of transition from 1935 to 1960?

Answer: Answers may include, but are not limited to the following: inadequate financial and public support, substandard personnel, enforced idleness, lack of strong or wellintentioned leadership, overcrowding, and unwise sentencing and parole practices.

Page Ref: 45-46 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult 6) What is the role of an ombudsman?

Answer: The role of the ombudsman is to oversee and investigate complaints made by anyone (inmates, staff, administration), report on those findings, and help to achieve equitable settlements. This person is essentially a link between the prisoner and the establishment.

Page Ref: 48 Objective: Describe prison development from the reformatory era to the modern era.

Level: Intermediate 2.6 Critical Thinking 1) How have the rules and systems developed in early prisons continued to influence corrections today?

Answer: Answers should discuss how many of the early forms of prison discipline, such as solitary confinement as punishment for misconduct, degrading prison garb, and harsh punishments still exist today (although cruel and barbaric punishments are publicly decried, they are still used at times, at least in part because prisons are isolated from society and social controls). The use of long-term solitary confinement, as in the Pennsylvania System, also still exists today.

Page Ref: 36-38 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult 2) Why is an ombudsman necessary in a prison?

Answer: Answers should include some mention of the idea that an ombudsman is necessary in a prison so that no particular group (inmates or staff or administration) gets too far out of control. There needs to be some sort of middleman to help make decisions so that one group does not become too powerful. There needs to be a place to voice complaints or concerns. The ombudsman provides this necessary outlet.

Page Ref: 48 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult

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3) Why is reform desperately needed in corrections today, at the start of the 21st century, and why?

Answer: Answers should include some reference to the prison population boom mentioned at the end of this chapter. Other related issues include unprecedented growth in prison construction, increased overcrowding, and reduction of early-release mechanisms. Our current correctional system is under major strain, and new ideas and reforms are needed to alleviate that stress.

Page Ref: 48-49 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult 4) How can reformists ultimately affect the field of corrections, even if their ideas do not immediately take off?

Answer: Answers should make mention of the fact that reformists tend to think outside the box and generally have a more progressive perspective. They tend to be ahead of their time, and for this reason, their ideas may not be accepted immediately. The important thing is that reformists use their voice and their means to share their ideas and to plant the seeds that will lead to future progress and reform. Ultimately, those ideas will take shape when the time is right.

Page Ref: 49 Objective: Describe prison development from the reformatory era to the modern era.

Level: Difficult

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Corrections in America: An Introduction, 15e (Allen) Chapter 3 Correctional Ideologies: The Pendulum Swings 3.1 Multiple Choice 1) Which of the following is not a primary correctional ideology?

A) Prevention B) Rehabilitation C) Punishment D) Deterrence Answer: D Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 2) A ________ ideology involves applying painful sanctions to offenders, who are seen as enemies of society.

A) prevention B) rehabilitation C) punishment D) deterrence Answer: C Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 3) The concept of just deserts in sentencing reflects the ________ philosophy.

A) incapacitation B) deterrence C) retribution D) penitence Answer: C Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 4) The belief that guilt must be washed away through the suffering of the offender was Heinrich Oppenheimer's ________ view of punishment.

A) aesthetic B) expiatory C) theological D) utilitarian Answer: B Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 177

5) Which of Oppenheimer's views of punishment sought a sense of harmony and peace?

A) Aesthetic B) Expiatory C) Theological D) Utilitarian Answer: A Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 6) Because you know that your state imposes the death penalty for murder, you decide not to commit this crime. This is an example of A) specific deterrence.

B) general deterrence.

C) stigma of conviction.

D) guilt.

Answer: B Page Ref: 59 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 7) The imposition of a life sentence is an example of A) the aesthetic view of punishment.

B) recidivism.

C) the stigma of conviction.

D) incapacitation.

Answer: D Page Ref: 59-60 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 8) Returning to criminal behavior after being released from prison is known as A) incapacitation.

B) recidivism.

C) double jeopardy.

D) disablement.

Answer: B Page Ref: 60 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic

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9) Which of the following statements describes a problem with the implementation of selective incarceration?

A) There is not enough room in the nation's already overcrowded and understaffed prisons.

B) Many individuals end up returning to committing crimes after being released.

C) Very high-risk offenders often are released inadvertently.

D) It is difficult to correctly identify those who should be incarcerated.

Answer: D Page Ref: 60 Objective: Summarize issues related to correctional policy.

Level: Intermediate 10) Punishment would probably work best for which of the following individuals?

A) A drug addict who is actively using and was arrested for petty larceny B) A high school teacher who had a relationship with a 16-year-old student C) A sociopath who has been treated for mental illness for much of his adult life D) A teenager who has been neglected and abused for much of his life Answer: B Page Ref: 61 Objective: Summarize issues related to correctional policy.

Level: Intermediate 11) Changes in modern social attitudes about punishment has led to a focus on A) incarceration.

B) probation.

C) intermediate sanctions.

D) rehabilitation.

Answer: C Page Ref: 61 Objective: Explain how public opinion about crime affects crime control policy.

Level: Intermediate 12) The rehabilitation model A) focuses on changing the offender's behavior through treatment and services.

B) is analogous to a medical approach.

C) is the primary focus of corrections today.

D) involves removing criminal behavior.

Answer: A Page Ref: 61 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate

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13) An offender diagnosed with schizophrenia would most likely fall into which treatment doctrine within the rehabilitation ideology?

A) The educational doctrine B) The medical model C) The indeterminate sentence D) The reintegration model Answer: B Page Ref: 62-63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 14) According to the reintegration model, the main cause of crime is A) a lack of vocational and occupational skills.

B) the community.

C) within the individual offender.

D) a lack of strong religious beliefs.

Answer: B Page Ref: 63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 15) According to the current prevention ideology, crime prevention programs designed to steer potential delinquents away from a life of crime begin A) with parenting classes.

B) at work.

C) in school.

D) with a juvenile's first offense.

Answer: C Page Ref: 64 Objective: Summarize issues related to correctional policy.

Level: Intermediate 16) In addition to the individual, a key focus of prevention programs is A) the family.

B) the environment.

C) prisons.

D) schools.

Answer: B Page Ref: 64 Objective: Summarize issues related to correctional policy.

Level: Intermediate

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17) Sociologist Emile Durkheim believed that crime is A) inevitable.

B) essential.

C) avoidable.

D) situational.

Answer: A Page Ref: 64 Objective: Summarize issues related to correctional policy.

Level: Basic 18) Community corrections combines the prevention ideology with A) punishment.

B) retribution.

C) treatment.

D) just deserts.

Answer: C Page Ref: 65 Objective: Summarize issues related to correctional policy.

Level: Intermediate 19) Minimizing offender processing through the justice system by providing services outside of the system is known as A) restorative justice.

B) recidivism.

C) just deserts.

D) diversion.

Answer: D Page Ref: 65 Objective: Summarize issues related to correctional policy.

Level: Basic 20) In the last three decades of the 20th century, society turned to the ________ ideology.

A) punishment B) rehabilitation C) prevention D) restorative justice Answer: A Page Ref: 65 Objective: Explain how public opinion about crime affects crime control policy.

Level: Intermediate

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21) Restorative justice is different from other methods of correction in that it works to A) incapacitate criminals in order to help their victims recover faster.

B) punish the criminals in accordance with victims' wishes.

C) repair the damage that has been done to both victims and criminals.

D) build lasting relationships between offenders and their victims.

Answer: C Page Ref: 66 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 22) Which of the following statements about restorative justice is false?

A) It provides more services for victims.

B) It builds community connections.

C) It repairs past damages done.

D) It keeps offenders out of the process.

Answer: D Page Ref: 66 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 23) According to research on corrections, A) community-based corrections are less effective than incarceration.

B) the majority of offenders are mentally ill and require treatment.

C) most offenders do not need to be incarcerated.

D) long sentences enhance rehabilitation.

Answer: C Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Intermediate 24) Which of the following is not an important development in corrections that has occurred since the 1980s?

A) A shift to determinate sentencing B) A focus on intermediate sanctions C) The development of restorative justice D) A renewed focus on the medical model Answer: D Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Intermediate

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25) Which of the following statements regarding the state of corrections in the United States at the start of the 21st century is true?

A) The majority of states are increasingly focusing on indeterminate sentencing and the use of discretionary parole release mechanisms.

B) The reemergence of a more community-based, rehabilitative approach to criminals has reduced the problem of prison overcrowding.

C) States are embracing the federal truth-in-sentencing standard.

D) Mandatory add-ons to sentences are being eliminated.

Answer: C Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Intermediate 3.2 True-False 1) The three categories of correctional ideologies rarely overlap.

Answer: FALSE Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 2) The just deserts movement reflects the retribution philosophy of corrections.

Answer: TRUE Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 3) Imposing a punishment on an offender to stop him from committing future crimes is the focus of specific deterrence.

Answer: TRUE Page Ref: 59 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 4) The theory of disablement emphasizes general deterrence.

Answer: FALSE Page Ref: 60 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 5) Selective incapacitation is considered to be an effective crime prevention strategy.

Answer: FALSE Page Ref: 60 Objective: Summarize issues related to correctional policy.

Level: Intermediate

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6) Under a punishment ideology, positive behaviors by offenders in prison are often overlooked.

Answer: TRUE Page Ref: 60 Objective: Summarize issues related to correctional policy.

Level: Basic 7) Punishment is equally effective in correcting the behavior of all types of offenders.

Answer: FALSE Page Ref: 61 Objective: Summarize issues related to correctional policy.

Level: Intermediate 8) The perception of the offender has no impact on the significance and effectiveness of punishment.

Answer: FALSE Page Ref: 61 Objective: Summarize issues related to correctional policy.

Level: Basic 9) Intermediate sanctions are alternatives that help with the problems of prison overcrowding.

Answer: TRUE Page Ref: 61 Objective: Summarize issues related to correctional policy.

Level: Intermediate 10) Rehabilitation programs are always less punitive and restrictive than those based on other ideologies.

Answer: FALSE Page Ref: 62 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 11) The medical model of rehabilitation holds that offenders should be hospitalized instead of incarcerated.

Answer: FALSE Page Ref: 62-63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 12) A treatment program emphasizing job training is based on the reintegration model.

Answer: TRUE Page Ref: 63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 184

13) In community corrections, the prevention ideology is combined with some type of punishment.

Answer: FALSE Page Ref: 65 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 14) Diversion programs may help prevent the development of criminal careers.

Answer: TRUE Page Ref: 65 Objective: Summarize issues related to correctional policy.

Level: Basic 15) The social preference for a punishment ideology in the late 20th century was fueled by increasing crime rates.

Answer: TRUE Page Ref: 65 Objective: Explain how public opinion about crime affects crime control policy.

Level: Intermediate 16) The restorative justice ideology considers the victim's perspective to be central in determining how to repair the harm caused by crime.

Answer: TRUE Page Ref: 66 Objective: Summarize issues related to correctional policy.

Level: Intermediate 17) Restorative justice emphasizes that crime control is achieved through the work of the criminal justice system.

Answer: FALSE Page Ref: 67 Objective: Summarize issues related to correctional policy.

Level: Intermediate 18) Determinate sentencing allows for early release on parole.

Answer: FALSE Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Basic 19) The increased focus on retribution has reduced the overcrowding problem in prisons.

Answer: FALSE Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Intermediate

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3.3 Fill in the Blank 1) A systematic body of concepts, especially about human life or culture, is a(n) ________.

Answer: ideology Page Ref: 56 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 2) Heinrich Oppenheimer's belief that retaliation fulfills a religious mission to punish a criminal is the ________ view of punishment.

Answer: theological Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 3) The incapacitation of offenders is also known as the theory of ________.

Answer: disablement Page Ref: 60 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 4) The purpose of incapacitation is to prevent ________.

Answer: recidivism Page Ref: 60 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 5) ________ sanctions are alternatives to probation and imprisonment that promise relief from the pressures of prison overcrowding.

Answer: Intermediate Page Ref: 61 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 6) Restoring an individual to a better level of social functioning through treatment is known as ________.

Answer: rehabilitation Page Ref: 61 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Basic 7) The belief that offenders are individuals who lack education, training, and discipline is the basis of the ________ movement.

Answer: reformatory Page Ref: 62 Objective: Summarize sentencing goals and primary punishment philosophies.

186

Level: Intermediate 8) In the ________ model of rehabilitation, the community is seen as the primary cause of criminal behavior.

Answer: reintegration Page Ref: 63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 9) ________ corrections combines the prevention ideology with treatment.

Answer: Community Page Ref: 65 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 10) A combination of rehabilitation and ________ ideologies is believed to be the most humane practice in corrections.

Answer: prevention Page Ref: 65 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 11) Laws that follow the belief that offenders must be given lengthy terms of incarceration while minimizing the use of community resources are known as ________ laws.

Answer: get-tough Page Ref: 59 Objective: Summarize issues related to correctional policy.

Level: Basic 12) The correctional ideology that intends for an offender to make reparations to the damage that he or she has caused is called ________ justice.

Answer: restorative Page Ref: 66 Objective: Summarize issues related to correctional policy.

Level: Basic 13) A fixed term of incarceration ordered by a judge is called ________ sentencing.

Answer: determinate Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Basic 14) ________ laws require offenders to serve at least 85 percent of their sentence in prison before being eligible for release.

Answer: Truth-in-sentencing Page Ref: 69 Objective: Describe and illustrate contemporary corrections in the nation.

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Level: Intermediate 3.4 Matching Match the ideology in Column 1 with its definition in Column 2.

A) Avoidance or reduction of criminal behavior using methods and programs that contribute to crime prevention B) Painful sanction applied to the offender, who is seen as an enemy of society C) Systematic body of ideas and practices that pertain to the processing of offenders D) Crime prevention through the treatment of offenders and inmates 1) Rehabilitation ideology Page Ref: 56-57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 2) Punishment ideology Page Ref: 56-57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 3) Prevention ideology Page Ref: 56-57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 4) Correctional ideology Page Ref: 56-57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate Answers: 1) D 2) B 3) A 4) C

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Match the theory of punishment in Column 1 with its definition in Column 2.

A) Guilt must be washed away through suffering B) Retaliation fulfills a religious mission to punish the criminal C) Punishment is a way to achieve beneficial and social consequences D) Punishment resolves the social discord created by the offense 5) Expiatory view Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 6) Theological view Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 7) Aesthetic view Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 8) Utilitarian view Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate Answers: 5) A 6) B 7) D 8) C

189

Match the movement or model in Column 1 to its definition in Column 2.

A) The causes of crime lie within the individual B) Crimes are caused by the community C) A crime prevention program emphasizing the development of vocational and occupational skills and the internalization of controls D) Offenders are seen as unfortunate persons whose education, discipline, and training are inadequate 9) Reformatory movement Page Ref: 62-63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 10) Educational doctrine Page Ref: 62-63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 11) Medical model Page Ref: 62-63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 12) Reintegration model Page Ref: 62-63 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate Answers: 9) D 10) C 11) A 12) B

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3.5 Essay 1) Briefly describe and differentiate between each of the three main correctional ideologies.

Answer: The punishment ideology is the belief that offenders must receive some kind of retribution or punishment for their crimes. The rehabilitation ideology holds that offenders commit crimes because they are disadvantaged in a particular area and thus must be diagnosed and treated in order to stop the criminal behavior. The prevention ideology attempts to prevent criminal behavior by proactive means, in order to prevent crimes from occurring in the first place.

Page Ref: 57 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 2) Explain the concept of a deterrent effect and differentiate between general and specific deterrence.

Answer: The deterrent effect is the extent to which crime can be controlled by incapacitation, the threat of punishment or an announcement potential criminal sanction.

General deterrence focuses on punishment as a way of deterring potential offenders and preventing potential criminal behavior; the belief is that by inflicting suffering on an actual offender, potential offenders may be deterred from engaging in criminal behavior due to a fear of being caught and punished. Specific deterrence emphasizes the imposition of punishment on an actual offender as a way to deter that offender from engaging in future criminal behavior.

Page Ref: 59 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Intermediate 3) Explain how the stigma of conviction can actually cause individuals to return to a life of crime.

Answer: Individuals may return to criminal pursuits because of the challenges they face in attempting to return to the community after being labeled as convicts. The stigma of conviction can make it difficult, if not impossible, to make a successful return to society.

An individual might decide it's simply easier to return to a life of crime.

Page Ref: 59 Objective: Summarize issues related to correctional policy.

Level: Intermediate 4) Explain why the application of punishment in a correctional institution frequently has negative results for both offenders and correctional personnel.

Answer: Punishment is seen as a negative experience because personnel tend to watch for negative behaviors and overlook positive ones. This can lead offenders to have less respect for the establishment, which, in turn, adds to more negative behaviors and thus more punishment. Offenders will not strive to correct negative behavior if they are not recognized for doing so. This makes the correctional setting more difficult for everyone involved – inmates, staff, and administration – because of the pervasive negativity, poor behaviors, and lack of respect.

191

Page Ref: 60-61 Objective: Summarize issues related to correctional policy.

Level: Difficult 5) Explain the difference between indeterminate and determinate sentencing.

Answer: With indeterminate sentencing, a judge imposes a minimum period of incarceration. If the inmate takes advantage of treatment and educational opportunities and shows growth and rehabilitation, a parole board can deem that inmate eligible to leave prison after completing the minimum amount of time. This type of sentencing is a component of the rehabilitation theology.

Determinate sentencing is stricter and more severe. In this type of sentencing, a judge imposes a fixed term of incarceration that must be heeded. This type of sentencing is more common under a punishment theology and is an important component of the "gettough" laws.

Page Ref: 63, 69 Objective: Summarize issues related to correctional policy.

Level: Intermediate 6) Explain the basic philosophy of balanced and restorative justice.

Answer: Restorative justice emphasizes the use of punishment as a way to restore the harm created by the crime. It is based on the idea that crime is injury and hurts not only individual victims but also communities and offenders, and that it creates an obligation to make things right. It emphasizes including all parties in responding to the crime (victim, community and offender) but views the victim's perspective as central to deciding how to repair the harm caused by the crime. Accountability for the offender means some acceptance of responsibility to repair the harm done. The community is seen as ultimately responsible for the well-being of all its members, including the victim and offender. The primary goal of restorative justice is repairing the harm and rebuilding relationships in the community. The restorative justice ideology accepts that crime control cannot be achieved without the active involvement of the community.

Page Ref: 67 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Difficult 3.6 Critical Thinking 1) Why is it important to apply ideologies to corrections?

Answer: Answers will vary but students should be able to explain how applying specific ideologies to corrections helps to provide structure, organization, rules, and consistency.

Without these things, it would be impossible to maintain any semblance of control over offenders, and society would suffer for it.

Page Ref: 56 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Difficult 2) Why do ideologies shift and change over time?

Answer: Answers will vary but students should suggest that ideologies change over time 192

because life and society change, and ideas and practices must change with the times.

Levels of crime in any given country can ebb and flow, and ideologies must shift to keep up with those changes.

Page Ref: 56 Objective: Summarize sentencing goals and primary punishment philosophies.

Level: Difficult 3) How could the concept of selective incapacitation be successful in a time when prison populations are excessively high?

Answer: Selective incapacitation can reduce the number of incarcerated inmates to more controllable levels and can ensure that the most dangerous criminals are incapacitated while less dangerous offenders are dealt with using other means. This would help to alleviate overcrowding and help prisons to regain some semblance of control.

Page Ref: 60 Objective: Summarize issues related to correctional policy.

Level: Difficult 4) Discuss the implications of the failure of the United States to ultimately establish and maintain a correctional ideology that is successful.

Answer: Answers will vary but students should be able to recognize the dangers in the failure to successfully find and apply a correctional ideology (a current one or one that has not been conceived yet) that works for our nation. Potential dangers could include a total breakdown of our correctional system, whereupon thousands of dangerous offenders are no longer kept safely away from society. Potential dangers could also include ineffective rehabilitation, which would return thousands of offenders to society untreated and therefore potentially quick to offend again. The concept of deterrence could dissipate; individuals who might otherwise not have committed crimes may decide to take advantage of the lack of order and do so.

Page Ref: 65, 68-71 Objective: Describe and illustrate contemporary corrections in the nation.

Level: Difficult

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Corrections in America: An Introduction, 15e (Allen) Chapter 4 The Sentencing and Appeals Process 4.1 Multiple Choice 1) The concept that describes the various sentencing options in the criminal justice system is A) plea bargaining.

B) prosecution.

C) sentencing disparity.

D) the correctional funnel.

Answer: D Page Ref: 78 Objective: Explain how the correctional filter functions to categorize, sort, and divert most offenders into alternatives to incarceration.

Level: Basic 2) Who has the most discretionary power to dismiss or reduce charges prior to the trial?

A) The police B) Prosecutors C) Judges D) Victims' advocates Answer: B Page Ref: 78 Objective: Explain the role of prosecutorial plea bargaining and how it creates the correctional funnel.

Level: Intermediate 3) Which of the following is not a reason for plea bargaining?

A) High caseloads B) Overcrowding in jails and prisons C) Limited resources D) Suspects claiming innocence Answer: D Page Ref: 78 Objective: Explain the role of prosecutorial plea bargaining and how it creates the correctional funnel.

Level: Intermediate

194

4) Which of the following statements regarding the restructuring of the sentencing process in the 1970s is false?

A) The ideology and practice of rehabilitation was challenged.

B) Determinate sentencing began to replace indeterminate sentencing.

C) Research identified significant sentencing disparity.

D) Prisoners began to express their discontent through increased uprisings.

Answer: B Page Ref: 80 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 5) A successful white businessman is sentenced to serve one year of probation for selling drugs, while a 22-year-old unemployed African-American male who never graduated high school is given five years in a prison for the same crime. This is an example of A) administrative sentencing.

B) good-time policies.

C) sentencing disparity.

D) presumptive sentencing.

Answer: C Page Ref: 80 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 6) One problem with the increasing geriatric prison population is that A) medical care costs can skyrocket.

B) it seems to cause an increase in violence.

C) it seems to cause a decrease in deterrence.

D) prison staff struggle to punish elderly inmates.

Answer: A Page Ref: 81 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 7) One of the main problems with the sentencing decision is that A) judges tend to ignore sentencing recommendations in presentence reports.

B) judges are required to predict human behavior.

C) judges may be penalized if there are too many appeals of their sentences.

D) reform options have been designed to limit judicial discretion.

Answer: B Page Ref: 83 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 195

8) A court-prepared document that investigates an offender's background in order to determine punishment is a(n) A) correctional brief.

B) background report.

C) presentence report.

D) appeal.

Answer: C Page Ref: 83 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 9) The presentence report is used for all of the following except A) making sentencing decisions.

B) the probation and parole processes.

C) the initial arrest process.

D) potential future appeals.

Answer: C Page Ref: 84 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 10) Which of the following eliminates the ability of parole boards to release prisoners before their sentences, minus good time, have expired?

A) Presumptive sentencing B) Sentencing guidelines C) Mandatory prison terms D) Determinate sentencing Answer: D Page Ref: 86 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 11) In 2005, the Supreme Court ruled that the Federal Guidelines violated the Sixth Amendment right to a jury trial because A) defendants had not initially been given a fair jury trial.

B) judges were asked to consider facts not originally presented to a jury.

C) juries had been given too much power.

D) juries had not been selected fairly in the first place.

Answer: B Page Ref: 89 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 196

12) Which of the following statements regarding the impact of new sentencing structures and practices is true?

A) Judges' discretionary power has decreased.

B) Judges no longer have any discretion in sentencing decisions.

C) The discretionary power of many prosecutors has decreased.

D) Prison populations will begin to decrease started to decrease.

Answer: A Page Ref: 89 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 13) Which of the following statements regarding the effect of "deterrence by sentencing" on the crime rate in the United States and Canada is true?

A) Rates of crime seem to remain unaffected by deterrence by sentencing in both countries.

B) Rates of crime vary greatly between countries and it is impossible to compare the two.

C) Rates of crime decreased with increased imprisonment, as expected.

D) Rates of crime in both countries actually increased with increased imprisonment.

Answer: D Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 14) The formal or informal violation of an accused person's civil rights that leads to unjustified punishment is a concept known as A) due process.

B) railroading.

C) sentencing disparity.

D) presumptive sentencing.

Answer: B Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 15) Due process has been a constitutional right since the passage of the A) 12th Amendment.

B) 13th Amendment.

C) 14th Amendment.

D) 15th Amendment.

Answer: C Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 197

198

16) As a result of Gideon v. Wainwright (1963), A) there was a surge in 14th Amendment filings.

B) there was a surge in appeals.

C) "jailhouse lawyers" became the norm.

D) Miranda rights were activated.

Answer: B Page Ref: 91 Objective: Summarize the appeals process.

Level: Intermediate 17) ________ involves filing an appeal in the federal system before the state case has been decided.

A) Due process B) Presumptive sentencing C) Collateral attack D) Reversal Answer: C Page Ref: 91 Objective: Summarize the appeals process.

Level: Basic 18) As a result of Johnson v. Avery (1969), A) there was a surge in 14th Amendment filings.

B) there was a surge in appeals.

C) "jailhouse lawyers" were legally permitted.

D) Miranda rights were activated.

Answer: C Page Ref: 93 Objective: Summarize the appeals process.

Level: Intermediate 19) An appellate court cannot reverse the factual finding of the trial court unless A) there was a substantial error of law.

B) a petition to the U.S. Supreme Court is made.

C) the court of last resort weighs in.

D) the case has been remanded.

Answer: A Page Ref: 93 Objective: Summarize the appeals process.

Level: Intermediate

199

20) An appellate court may ________ a case and send it back to the original court for consideration.

A) reverse B) remand C) repeal D) affirm Answer: B Page Ref: 94 Objective: Summarize the appeals process.

Level: Basic 4.2 True-False 1) Offenders who are in custody and under supervision in prison are typically offenders who have committed misdemeanors.

Answer: FALSE Page Ref: 78 Objective: Explain how the correctional filter functions to categorize, sort, and divert most offenders into alternatives to incarceration.

Level: Basic 2) The majority of cases are dealt with through plea bargaining.

Answer: TRUE Page Ref: 78 Objective: Explain the role of prosecutorial plea bargaining and how it creates the correctional funnel.

Level: Basic 3) One of the most difficult and complicated tasks that judges can face is having to make a sentencing decision.

Answer: TRUE Page Ref: 79 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 4) Sentencing disparity involves a legal basis for differences in the type and length of sentences imposed for the same crime.

Answer: FALSE Page Ref: 80 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 5) Research suggests that three-strikes legislation has proven successful.

Answer: FALSE Page Ref: 81 200

Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 6) Reform options such as abolishing plea bargaining, establishing plea bargaining guidelines, developing sentencing guidelines, and abolishing parole are designed to limit judicial discretion.

Answer: TRUE Page Ref: 82-83 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 7) A presentence report does not follow an offender past his or her sentencing.

Answer: FALSE Page Ref: 84 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 8) Administrative sentencing is comparable to determinate sentencing.

Answer: FALSE Page Ref: 85 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 9) Sentencing decisions do not consider prison populations and state resources.

Answer: FALSE Page Ref: 85 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 10) Federal judges generally are strong advocates of the Federal Sentencing Guidelines.

Answer: FALSE Page Ref: 89 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 11) The goal of deterrence by sentencing is crime reduction.

Answer: TRUE Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 201

12) Collateral attacks are commonly filed in state courts.

Answer: FALSE Page Ref: 91 Objective: Summarize the appeals process.

Level: Intermediate

202

13) If the accused is declared innocent, the state can appeal the verdict.

Answer: FALSE Page Ref: 93 Objective: Summarize the appeals process.

Level: Basic 14) Each state has an appellate tribunal that serves as the court of last resort.

Answer: TRUE Page Ref: 94 Objective: Summarize the appeals process.

Level: Basic 15) The main task for an appellate court is to review cases for judicial error.

Answer: TRUE Page Ref: 94 Objective: Summarize the appeals process.

Level: Intermediate 16) If the appellate court affirms a case, it is sent back to the original court for consideration.

Answer: FALSE Page Ref: 94 Objective: Summarize the appeals process.

Level: Basic 4.3 Fill in the Blank 1) The correctional filter process by which the defendant agrees to plead guilty to a less serious charge is called ________ bargaining.

Answer: plea Page Ref: 78 Objective: Explain the role of prosecutorial plea bargaining and how it creates the correctional funnel.

Level: Intermediate 2) A sentencing ideology that says punishment must be dependent on the culpability of the offender and the seriousness of the offense is known as just ________.

Answer: deserts Page Ref: 81 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 3) A court-prepared document providing an offender's background information is called a(n) ________ report.

Answer: presentence 203

Page Ref: 83 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 4) A petition to higher courts to reverse procedures and protect offenders based on due process issues is called a(n) ________.

Answer: appeal Page Ref: 84 Objective: Summarize the appeals process.

Level: Basic 5) The executive branch of government becomes involved in making punishment decisions in ________ sentencing.

Answer: administrative Page Ref: 85 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 6) The sentencing mechanism that permits the sentence to be adjusted for special circumstances, including aggravating circumstances and the character of the offender is known as ________ sentencing.

Answer: presumptive Page Ref: 87 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 7) Discouraging crime by the imposition of harsh punishment is known as ________ by sentencing.

Answer: deterrence Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Basic 8) The ________ protects us from government railroading.

Answer: Constitution Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 9) The legal requirement that constitutional rights must conform to constitutionally guaranteed minimums is known as ________.

Answer: due process 204

Page Ref: 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate

205

10) The process of appealing a decision before a decision has even been made is called a(n) ________ attack.

Answer: collateral Page Ref: 91 Objective: Summarize the appeals process.

Level: Basic 11) The court of ________ resort is the highest appellate court in a jurisdiction.

Answer: last Page Ref: 94 Objective: Summarize the appeals process.

Level: Basic 12) The refusal of a court of last resort to hear an appeal over a lower appellate court's ruling is the same as ________ the decision.

Answer: upholding Page Ref: 94 Objective: Summarize the appeals process.

Level: Intermediate

206

4.4 Matching Match the sentencing term in Column 1 with its definition in Column 2.

A) Judges issue a minimum and maximum period of confinement B) The executive branch of government makes the final decision about a given sentence C) Criminals are discouraged through the threat of potential punishments D) The sentence stands as is E) There is an inexplicable inequity in sentencing different individuals for the same crimes F) Special circumstances are taken into consideration in sentencing 1) Indeterminate sentencing Page Ref: 79-80, 85-87, 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 2) Determinate sentencing Page Ref: 79-80, 85-87, 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 3) Presumptive sentencing Page Ref: 79-80, 85-87, 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 4) Administrative sentencing Page Ref: 79-80, 85-87, 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 5) Sentencing disparity Page Ref: 79-80, 85-87, 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Intermediate 6) Deterrence by sentencing Page Ref: 79-80, 85-87, 91 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

207

Level: Intermediate Answers: 1) A 2) D 3) F 4) B 5) E 6) C

208

Match the landmark Supreme Court cases in Column 1 with their main rulings in Column 2.

A) Prisoners could research and conduct their own and others' appeals B) A set of detailed police warnings must be given to an arrested person C) Opened the floodgates of 14th Amendment rulings D) The forbidding of cruel and unusual punishment is made binding E) Defendants in noncapital cases are entitled to assistance of counsel at trial F) Statutes permitting a jury to demand the death penalty are unconstitutional 7) Mapp v. Ohio (1960) Page Ref: 93 Objective: n/a Level: Intermediate 8) Gideon v. Wainwright (1963) Page Ref: 93 Objective: n/a Level: Intermediate 9) Miranda v. Arizona (1963) Page Ref: 93 Objective: n/a Level: Intermediate 10) Johnson v. Avery (1969) Page Ref: 93 Objective: n/a Level: Intermediate 11) Robinson v. California (1961) Page Ref: 93 Objective: n/a Level: Intermediate 12) Furman v. Georgia (1972) Page Ref: 93 Objective: n/a Level: Intermediate Answers: 7) C 8) E 9) B 10) A 11) D 12) F

209

4.5 Essay 1) Why was there a rapid change in sentencing structures in the mid-1970s? Be specific.

Answer: Answers should include references to increased prison uprisings, increased abuse of power, a call for more accountability, the challenge of the rehabilitation ideology, an increase in sentencing disparity, and the fact that corrections and crime control became a political game played by individuals seeking office. All of these factors contributed to a call for more of a punitive, hard-lined approach to sentencing.

Page Ref: 79-80 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Difficult 2) Why were the Federal Sentencing Guidelines of 1987 implemented? Be specific.

Answer: Answers may vary but should review the history of the Guidelines. The Guidelines were implemented because of widespread discontent with the old sentencing system, in which judges determined sentences and parole boards determined release.

There was too much sentencing disparity between cases, and the Guidelines were created to help standardize the system.

Page Ref: 87 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Difficult 3) What impact did the Federal Sentencing Guidelines have on sentencing procedures, and how have they been accepted?

Answer: The implementation of the Guidelines has led to less sentencing disparity between judges and a more rational and fair system overall. They have been generally well accepted. However, federal judges have expressed dissatisfaction because they feel the Guidelines have stripped them of some decision-making power.

Page Ref: 87-89 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Difficult 4) Why does the United States judicial system have an appeal process?

Answer: Answers will vary but students should mention the fact that imprisoned offenders still have many of the same rights as anyone else under the Constitution. In criminal justice, a defendant is innocent until proven guilty. The appeal process helps to ensure that the defendant's guilt has been proven and the proof was obtained fairly and legally.

Page Ref: 91 Objective: Summarize the appeals process.

Level: Difficult

210

4.6 Critical Thinking 1) How could a poorly prepared presentence report make a judge's job more difficult?

Answer: Answers will vary but should mention that a poorly prepared presentence report will make it more difficult for a judge to decide on the appropriate and best sentence.

This decision has already been made more difficult for judges, since their decisionmaking power has been reduced and the courts now lean toward a more punitive approach to sentencing. However, the rehabilitation ideology still exists in some form, and the presentence report is critical in order for a judge to be able to choose who will receive some help and what help they will receive. A poorly written report prevents the judge from making a decision that could be hugely beneficial to the offender and/or to society.

Page Ref: 84 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Difficult 2) What issues can sentencing disparity cause?

Answer: Answers will vary but students should be able to explain that the inequality of sentencing disparity can incite racial tensions, create problems between the sexes, or inflame struggles between socioeconomic classes. It can stir up emotions and anger and cause people to lose respect for the system as a whole.

Page Ref: 80 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Difficult 3) How could the appellate system be made more effective?

Answer: Answers will vary but may include some of the following: Appeals courts could manage caseloads more effectively by simplifying the appeals process and ensuring that a case is being reviewed in only one court. To cut down on frivolous appeals, the judicial department could implement stronger guidelines that would make it harder to challenge trial court decisions based on small errors. Congress could continue to make legislation that helps clarify and limit the appeals process. States could get creative in reducing the backlog of appeals in the system (e.g., adding judgeships, creating new or expanding existing appellate courts, deciding cases without published opinions or writing memo opinions, temporarily assigning judges from the retired ranks or from lower courts, reducing panel sizes).

Page Ref: 91-94 Objective: Summarize the appeals process.

Level: Difficult

211

4) Explain the advantages and disadvantages of indeterminate and determinate sentencing.

Answer: Answers will vary, but students should mention advantages and disadvantages of both types of sentencing. One possible answer: Advantages of indeterminate sentencing include prioritizing rehabilitation releasing rehabilitated prisoners. This can help to alleviate high prison population numbers.

However, a disadvantage is a disparity in sentencing because judges have so much leeway. Another disadvantage is the potential for releasing a prisoner who will commit further crimes. The challenge is whether or not judges are releasing the right people for the right reasons.

Advantages of determinate sentencing include a tougher, no-nonsense approach that can help to combat rising crime, increased violence, and huge prison numbers. However, the disadvantage here is that determinate sentencing does not allow much room for rehabilitation, so inmates who would benefit from support, care, and training are never given that chance.

Page Ref: 79, 86 Objective: Summarize the different types of sentencing and how sentencing decisions are made.

Level: Difficult

212

Corrections in America: An Introduction, 15e (Allen) Chapter 5 Probation 5.1 Multiple Choice 1) Stopping formal processing of an offender and taking no further action if the offender abstains from further criminal activity is called A) right of sanctuary.

B) benefit of clergy.

C) suspended sentence.

D) probation.

Answer: C Page Ref: 104 Objective: Outline the history of probation.

Level: Basic 2) Suspending both the imposition and execution of a sentence may be more desirable than supervised probation because A) it is a more serious type of punishment.

B) it reduces the level of stigma attached to the offender.

C) it allows the offender to claim benefit of clergy.

D) it prevents sursis.

Answer: B Page Ref: 104 Objective: Outline the history of probation.

Level: Intermediate 3) Which of the following statements regarding John Augustus is false?

A) He founded the processes of investigation, intake, and supervision.

B) He focused on attempting to rehabilitate serious offenders who could not make bail or pay fines.

C) His work led to the first probation statute in Massachusetts.

D) He provided an early form of probation supervision for minor offenders and alcoholics.

Answer: B Page Ref: 104-105 Objective: Outline the history of probation.

Level: Intermediate 4) Which of the following statements about probation is false?

A) Probation originally focused on juvenile offenders.

B) Probation is a highly personalized process.

C) The probation process focuses only on the offender, not the victim.

D) Probation is not an option for all types of crime.

Answer: C Page Ref: 105-106 213

Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 5) Legislators enacting early probation statutes A) intended them to apply to juvenile offenders and misdemeanants.

B) directed them towards hard-core criminal offenders.

C) allowed probation to be an option for all categories of crime.

D) first applied probation to adult offenders and later extended it to juveniles.

Answer: A Page Ref: 106 Objective: Outline the history of probation.

Level: Intermediate 6) Probation is most commonly used for which type of crime?

A) Violent offenses B) Weapons offenses C) Drug offenses D) It is used equally for all types of crimes.

Answer: C Page Ref: 106 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 7) Which of the following is not an advantage of probation?

A) It keeps offenders' families and dependents off welfare.

B) It is less expensive than imprisonment.

C) It avoids prisonization.

D) It prevents selective incapacitation.

Answer: D Page Ref: 106-107 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 8) The primary duty of a probation agency is to provide A) surveillance.

B) supervision.

C) counseling.

D) rehabilitation.

Answer: B Page Ref: 108 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 214

9) Which is not a form of surveillance for offenders on probation?

A) Drug testing B) Electronic monitoring C) Substance abuse treatment D) Field contacts Answer: C Page Ref: 108 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Basic 10) Which of the following is provided to the judge by the probation agency to help the judge decide whether or not to grant probation?

A) A plea agreement B) A presentence investigation report C) The EPICS model D) Front-end solutions Answer: B Page Ref: 110 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 11) Which of the following factors increases the likelihood that the judge will impose probation over a sentence of incarceration?

A) The offender has prior convictions.

B) The offender committed a stranger-to-stranger crime.

C) The offender committed a non-violent offense.

D) The offender has indicators of mental illness.

Answer: C Page Ref: 111 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 12) Which of the following is a general condition of probation that is imposed on all offenders?

A) Not leaving the jurisdiction without prior approval B) Electronic monitoring C) Regular or random urine testing D) Vocational training Answer: A Page Ref: 112 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Basic 215

13) Special conditions of probation A) are imposed on all offenders in a given jurisdiction.

B) are imposed as part of the original court order for probation and cannot be changed later.

C) are rarely imposed.

D) most frequently include intermediate sanctions.

Answer: D Page Ref: 114 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 14) Research suggests that recidivism can be reduced among offenders on probation if they A) are given economic sanctions while on probation.

B) are placed on a large number of specific conditions of probation.

C) are placed on high levels of intensive supervision.

D) are given treatment and services specific to their risk and need factors.

Answer: D Page Ref: 114 Objective: Understand how probation targets criminogenic risk factors.

Level: Intermediate 15) The primary purpose of STICS and EPICS is A) training.

B) intervention.

C) investigation.

D) communication.

Answer: A Page Ref: 114-115 Objective: Understand how probation targets criminogenic risk factors.

Level: Intermediate 16) Technical probation violations do not include A) a return to crime.

B) failure to comply.

C) a poor attitude.

D) drug abuse.

Answer: A Page Ref: 116 Objective: Explain how probation can be revoked.

Level: Intermediate

216

17) If an offender is arrested by the police for an alleged new offense while on probation, the first response of the court will be A) to impose a technical probation violation.

B) to hold a probation revocation hearing.

C) to impose a lengthy and punitive sentence of incarceration.

D) to immediately revoke probation.

Answer: B Page Ref: 117 Objective: Explain how probation can be revoked.

Level: Intermediate 18) Which of the following was not a finding of the Supreme Court in Gagnon v.

Scarpelli?

A) Probation cannot be revoked without a hearing.

B) Offenders must be given written notice of the scheduled hearing.

C) Offenders have the right to present evidence and argue their case.

D) Offenders have the right to probation.

Answer: D Page Ref: 117 Objective: Explain how probation can be revoked.

Level: Intermediate 19) The main goal of broken windows probation is increased A) communication between probation officers and the community.

B) levels of surveillance and monitoring.

C) programs involving intensive therapy.

D) training and employment opportunities.

Answer: A Page Ref: 119 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 20) Which of the following is a characteristic of the proactive supervision model of probation?

A) Probation officers should supervise offenders exclusively in the community, rather than in the office.

B) Probation officers should be generalists.

C) Probation officers should focus their efforts on the direct supervision of offenders.

D) Probation departments should establish separate probationer absconder and apprehension units.

Answer: C Page Ref: 20 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 217

21) Which of the following is a front-end solution?

A) Intermittent jail incarceration B) Parole C) Expanded good-time credits D) Work furloughs Answer: A Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 5.2 True-False 1) The right to benefit of clergy was determined through a literacy test.

Answer: TRUE Page Ref: 104 Objective: Outline the history of probation.

Level: Basic 2) John Augustus focused his reformation efforts on serious offenders.

Answer: FALSE Page Ref: 104 Objective: Outline the history of probation.

Level: Basic 3) The growth of probation was fueled by the juvenile court movement.

Answer: TRUE Page Ref: 105-106 Objective: Outline the history of probation.

Level: Basic 4) Probation is an option for adult felons as well as juveniles.

Answer: TRUE Page Ref: 106 Objective: Outline the history of probation.

Level: Intermediate 5) The primary duty of probation agencies today is to rehabilitate offenders.

Answer: FALSE Page Ref: 108 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate

218

6) The basic function of the presentence investigation report is to help judges develop a plan of supervision for offenders after they are placed on probation.

Answer: FALSE Page Ref: 109 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 7) Presentence investigation reports may include a victim impact statement.

Answer: TRUE Page Ref: 110 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 8) Risk and need assessments are designed to predict the probability of recidivism.

Answer: TRUE Page Ref: 111 Objective: Understand how probation targets criminogenic risk factors.

Level: Basic 9) Specific conditions of probation are imposed upon all offenders.

Answer: FALSE Page Ref: 112 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Basic 10) Studies suggest that the majority of offenders on probation have a history of drug or alcohol abuse.

Answer: TRUE Page Ref: 114 Objective: Understand how probation targets criminogenic risk factors.

Level: Intermediate 11) Technical probation violations occur when an offender on probation commits a new crime.

Answer: FALSE Page Ref: 116 Objective: Explain how probation can be revoked.

Level: Intermediate 12) According to the Supreme Court, probation is a privilege, not a right.

Answer: TRUE Page Ref: 117 Objective: Explain how probation can be revoked.

219

Level: Intermediate

220

13) The increased use of felony probation is a movement that surfaced as a result of the overcrowding situation in the nation's prisons.

Answer: TRUE Page Ref: 119 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 14) Broken windows probation emphasizes proactive supervision.

Answer: FALSE Page Ref: 119 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 15) Probation is an example of a back-end solution to overcrowding.

Answer: FALSE Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 16) Back-end solutions to overcrowding are methods used to reduce prison populations after the offender arrives in prison.

Answer: TRUE Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 17) Modern corrections is increasingly moving towards evidence-based programming.

Answer: TRUE Page Ref: 123 Objective: Understand how probation targets criminogenic risk factors.

Level: Intermediate

221

5.3 Fill in the Blank 1) A(n) ________ sentence involves the court deciding to stop some formal processing of the offender.

Answer: suspended Page Ref: 104 Objective: Outline the history of probation.

Level: Basic 2) The creation of probation in Boston was motivated by the work of John ________.

Answer: Augustus Page Ref: 104-105 Objective: Outline the history of probation.

Level: Basic 3) The originally intended beneficiaries of probation statutes were ________.

Answer: juveniles Page Ref: 106 Objective: Outline the history of probation.

Level: Intermediate 4) The ________ role of the probation department involves surveillance and society protection.

Answer: supervision Page Ref: 108 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 5) The basic function of the ________ report is to provide information regarding the most appropriate sentence to be imposed.

Answer: presentence Page Ref: 109 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Basic 6) The sentence is usually determined at a sentencing ________, independent of the determination of guilt.

Answer: hearing Page Ref: 110 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Basic 7) The Ohio Risk Assessment System-Community Supervision Tool is designed to assess offender ________.

222

Answer: risk Page Ref: 111 Objective: Understand how probation targets criminogenic risk factors.

Level: Intermediate 8) ________ conditions of probation are individually designed by the court to assist the probationer in successfully completing court requirements and reintegrating into society.

Answer: Specific Page Ref: 112 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 9) The most frequently imposed special conditions include ________ sanctions.

Answer: intermediate Page Ref: 114 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 10) Adhering to the principles of effective correctional intervention, based on "what works" research, reduces the likelihood of offender ________.

Answer: recidivism Page Ref: 114 Objective: Understand how probation targets criminogenic risk factors.

Level: Intermediate 11) A probation sentence change due to a violation of the probation rules imposed by the court is called a(n) ________ probation violation.

Answer: technical Page Ref: 116 Objective: Explain how probation can be revoked.

Level: Basic 12) Probation ________ involves a change of sentence from probation to something more punitive.

Answer: revocation Page Ref: 117 Objective: Explain how probation can be revoked.

Level: Basic 13) The increased use of ________ probation was a response to prison overcrowding.

Answer: felony Page Ref: 119 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Basic 223

14) The ________ supervision model advocates more fieldwork combined with evidencebased practices.

Answer: proactive Page Ref: 120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 15) Programs such as deferred prosecution, house arrest, and probation are ________ solutions for dealing with prison overcrowding.

Answer: front-end Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Basic

224

5.4 Matching Match the early forms of sentence mitigation in Column 1 with its definition in Column 2.

A) A way to avoid punishment by relocating to a specified city B) A court determination to stop some formal processing of an offender C) A way to avoid the death penalty if able to read certain segments of ancient texts D) A European model that requires no further punishment if the offender remains crimefree during a specified time period 1) Right of sanctuary Page Ref: 104 Objective: Outline the history of probation.

Level: Intermediate 2) Suspended sentence Page Ref: 104 Objective: Outline the history of probation.

Level: Intermediate 3) Sursis Page Ref: 104 Objective: Outline the history of probation.

Level: Intermediate 4) Benefit of clergy Page Ref: 104 Objective: Outline the history of probation.

Level: Intermediate Answers: 1) A 2) B 3) D 4) C

225

Match the condition of probation in Column 1 with its type of condition in Column 2.

A) Special condition of probation B) General condition of probation 5) Submitting to searches Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 6) Reporting regularly to the supervising officer Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 7) Obtaining psychological treatment Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 8) Paying probation fees Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 9) Paying restitution to the victim Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 10) Taking Antibuse Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 11) Avoiding excessive use of alcohol Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate

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12) Participating in vocational training Page Ref: 112-113 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate Answers: 5) B 6) B 7) A 8) B 9) A 10) A 11) B 12) A

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Match the characteristics in Column 1 to the appropriate probation strategy in Column 2.

A) Proactive supervision model B) Broken windows model 13) Probation should be held responsible for supervising and controlling all offenders under their direct supervision Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 14) Probation departments develop a task force to understand the nature and impact of the absconder problem Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 15) Probation supervision should be place based rather than offender based Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 16) Probation officers should focus their efforts on the direct supervision of offenders Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 17) Probation officers should be generalists Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 18) Probation departments establish separate absconder and apprehension units Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate

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19) Probation officers should be involved in crime prevention efforts and various forms of advocacy and community change Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 20) Probation officers should have the skills to handle a specialized caseload Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate Answers: 13) A 14) A 15) B 16) A 17) B 18) B 19) B 20) A

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Match the overcrowding solution in Column 1 with its type of solution in Column 2.

A) Front-end solution B) Back-end solution 21) Intermittent jail incarceration Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 22) Shock parole Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 23) Emergency release Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 24) Electronic monitoring Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 25) Expanded good-time credits Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 26) Intensive supervised probation Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 27) Deferred prosecution Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate

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28) Educational furlough Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 29) Prelease at a halfway house Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate 30) House arrest Page Ref: 121 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Intermediate Answers: 21) A 22) B 23) B 24) A 25) B 26) A 27) A 28) B 29) B 30) A

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5.5 Essay 1) How does suspended sentencing differ from probation? How are they similar?

Answer: Suspended sentencing is similar to probation in that they both allow for the offender to be free from incarceration. However, a suspended sentence involves stopping some formal processing of an offender; supervision is not required and offenders generally have no specified goals towards which to work. Their only obligation is to refrain from further criminal activity. Probation is a sentence that is imposed upon the offender. Offenders on probation are closely monitored and must obey any conditions imposed upon them by the court and meet specified goals until the term of probation is ended. Obviously, a suspended sentence is the more desirable option for offenders due to the limited obligations and the reduced stigma.

Page Ref: 104 Objective: Outline the history of probation.

Level: Intermediate 2) What is the purpose and mission of probation?

Answer: Answers will vary. Answers should explain in some form that the purpose of probation is to assist in the reduction of the incidence and impact of crime by probationers in the community. The mission of probation is to protect the public interest and safety by reducing the incidence and impact of crime by probationers.

Page Ref: 108 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Intermediate 3) Why is the decision to grant probation such a complicated process?

Answer: The decision to grant probation is such a complicated process because there are so many factors at play and so many potential options open to judges. The plea bargaining process further affects the process because there are so many issues which defendants might attempt to negotiate. Judges frequently accept negotiated plea outcomes but can refuse to accept a proposed agreement. Offenders as a group tend to have a wide range of risk and need factors, which judges must take into account. Judges must consider factors such as the presentence investigation report, the offender's score on any risk assessment instruments, the wishes of the victim, and so on. All of these factors must be examined closely in order for the best decision to be made, making the process long and extremely complex.

Page Ref: 109-112 Objective: Understand how probation targets criminogenic risk factors.

Level: Difficult

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4) Why did felony probation become more popular during the 1980s and what are the advantages and disadvantages of felony probation?

Answer: Felony probation increased in popularity during the 1980s due to the rapid growth of serious and violent crime in the United States. This led to serious prison overcrowding problems and felony probation was used as a way of dealing with this issue. By helping to reduce the number of incarcerated inmates, felony probation can alleviate not only some of the overcrowding in prisons but also reduce the excessive cost of incarceration. It can also be beneficial to the offender, possibly more beneficial than incarceration might have been. However, it is still risky to allow a convicted felon into the community. If the probation services are not provided competently, this could result in unfortunate consequences for society at large.

Page Ref: 119 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Difficult 5.6 Critical Thinking 1) What does a successful probation agency look like?

Answer: Answers will vary but there should be some mention of the role of the probation agency, and the agency's duties, obligations, and responsibilities. A good agency fulfills these obligations and does the job well. They provide supervision, surveillance as needed, treatment as warranted, rehabilitation, protection of the community, and immediate intervention as needed.

Page Ref: 107-108 Objective: Summarize modern probation operations, including the conditions of probation.

Level: Difficult 2) Why has probation proved to be a successful alternative to incarceration? How can it get even better?

Answer: Answers will vary but students should be able to explain that probation has proved to be a good alternative because it can help to rehabilitate and/or treat the offender more successfully. It can help the offender maintain some dignity and a life to call his or her own. It can prevent an offender from becoming institutionalized or resentful, thereby leading to great problems. It can save a tremendous amount of money and resources.

Students are welcome to suggest any ways that probation could be improved upon and as it is still a work in progress, there should be many creative options and ideas to choose from.

Page Ref: N/A Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Difficult

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3) Differentiate between proactive supervision and broken window probation.

Answer: Answers will vary. To answer this question, students can differentiate between the two terms or they could make specific references to Table 5.4 which closely examines the differences between the two strategies (on page 120 of the text.) Simply speaking, in the broken window approach, the probation officer is asked to increase communication and partnership with the community. The proactive supervision model is more structured, prescriptive, controlled, and evidence-based. They are essentially two styles of striving to reach the same goal: success and progress for probationers while maintaining community safety and security.

Page Ref: 119-120 Objective: Identify and explain successful approaches underlying contemporary probation practices.

Level: Difficult

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Corrections in America: An Introduction, 15e (Allen) Chapter 6 Diversion and Intermediate Sanctions 6.1 Multiple Choice 1) Which of the following best paraphrases the meaning of intermediate sanctions?

A) A minimization of the number of offenders in the correctional system B) A range of correctional programs between incarceration and probation C) Interventions that reduce crime and improve community attitude toward corrections D) Programs that increase the amount of time offenders spend in prison prior to release on parole Answer: B Page Ref: 130 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 2) The goal of diversion is to A) divert the attention of the community away from corrections.

B) deter potential offenders from future criminal behavior.

C) decrease the number of crimes committed in a given community.

D) minimize the number of offenders in the justice system.

Answer: D Page Ref: 130 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Basic 3) Which of the following is not a basic model of diversion?

A) Community-based diversion programs B) Police-based diversion programs C) Prison-based diversion programs D) Court-based diversion programs Answer: C Page Ref: 130 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Basic 4) Diversion programs are most effective when they are A) administered by the police prior to the offender's entry into the court system.

B) integrated into a community-based correctional system with many levels of supervision and custody.

C) used with large groups of offenders at the same time.

D) implemented after the trial phase of the criminal justice system process.

Answer: B Page Ref: 131 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Basic 235

5) Which of the following situations did not contribute to the rapid increase in the number of imprisoned offenders after the 1970s?

A) The War on Drugs B) The "baby-boom" C) Political inaction D) Conservative beliefs regarding how to deal with crime Answer: C Page Ref: 133-134 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 6) Which of the following is not a reason why intermediate sanctions are attractive?

A) They are easier to manage than traditional probation.

B) They are cheaper and more cost-effective.

C) They provide more opportunities for rehabilitation than incarceration.

D) They lead to a decrease in the population of correctional facilities.

Answer: A Page Ref: 135 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 7) Which of the following list of sentencing options is correctly ranked by level of punishment from low to high, as identified by James Byrne?

A) Probation, restitution, community service, house arrest, residential community corrections, split sentencing B) Restitution, community service, probation, house arrest, residential community corrections, split sentencing C) Probation, community service, residential community corrections, house arrest, split sentencing, restitution D) Restitution, residential community corrections, community service, split sentencing, house arrest Answer: B Page Ref: 136 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 8) Restitution does not A) force offenders to accept personal responsibility for their crimes.

B) help to offset the victim's financial losses due to the crime.

C) help encourage reconciliation of the offender and victim.

D) assist victims in obtaining revenge on their offenders.

Answer: D Page Ref: 136 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Intermediate 236

9) An intensive supervision probation program is ________ than traditional probation.

A) less humane B) more successful C) less costly D) more rigorous Answer: D Page Ref: 137 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Basic 10) Which of the following statements about drug courts is not true?

A) They are a form of diversion.

B) Each court differs in its approach.

C) They mainly serve juveniles.

D) They appear to be successful in reducing recidivism.

Answer: C Page Ref: 139 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Basic 11) Which of the following elements is common to most if not all mental health courts?

A) Participation in a mental health court is voluntary.

B) Participation does not require that the offender's mental illness be the cause of their involvement in the criminal justice system.

C) The key objective of a mental health court is to ensure offenders with mental illnesses are placed in secure confinement to reduce the risk to society.

D) The corrections department oversees the treatment and supervision process and facilitates collaboration among mental health court team members.

Answer: A Page Ref: 142 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Intermediate 12) Home detention is an example of A) parole.

B) punishment.

C) rehabilitation.

D) diversion.

Answer: B Page Ref: 143 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Basic

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13) Community service work A) provides offenders with valuable vocational training.

B) allows offenders to help repair the harm caused by their crimes.

C) pays offenders for their service so they can make restitution to victims.

D) tend to have very low completion rates.

Answer: B Page Ref: 143 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Basic 14) Which of the following statements about the GPS tracking of sex offenders is false?

A) It is an effective way to prevent sexual assaults.

B) Not all states have enacted GPS tracking laws.

C) Offenders may reoffend regardless of the tracking systems.

D) Serious sex offenders can evade the police by failing to register.

Answer: A Page Ref: 145 Objective: Explain how electronic monitoring and global positioning systems are used and issues associated with their use.

Level: Intermediate 15) Goals of electronic monitoring include all of the following except A) providing a cost-effective way of supervising offenders in the community.

B) promoting public safety.

C) expanding the use of technology in the criminal justice system.

D) administering sanctions appropriate to the seriousness of the crime.

Answer: C Page Ref: 145 Objective: Explain how electronic monitoring and global positioning systems are used and issues associated with their use.

Level: Intermediate 16) Halfway houses were originally designed as residences for A) alcoholics.

B) homeless men.

C) juvenile delinquents.

D) unmarried pregnant women.

Answer: B Page Ref: 146 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Basic

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17) The "what works" movement shows that well-designed community corrections programs can reduce A) risk.

B) recidivism.

C) rigidity.

D) reactivity.

Answer: B Page Ref: 148 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

Level: Intermediate 18) Why does placing low-risk offenders in more structured programs increase their failure rates?

A) Their prosocial networks are reinforced.

B) Their exposure to criminogenic elements is reduced.

C) They are placed in programs with higher-risk offenders.

D) The programs target noncriminogenic factors.

Answer: C Page Ref: 148 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

Level: Intermediate 19) The need principle of the "what works" movement emphasizes the importance of targeting A) the highest risk individuals.

B) needs such as self-esteem and discipline.

C) the most chronic offenders.

D) criminogenic factors.

Answer: D Page Ref: 148 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

Level: Intermediate 20) The treatment or "how" principle of the "what works" movement encourages the creation of ________ programs.

A) punitive B) behavioral C) employment D) therapeutic Answer: B Page Ref: 148 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

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Level: Intermediate 21) In a study of nonresidential community correctional programs, which of the following characteristics was found to be associated with higher levels of effectiveness?

A) Having a lower proportion of high-risk offenders B) Having similar levels of supervision for high- and low-risk offenders C) Including a shock probation component in the program D) Ensuring longer amounts of time in treatment for high-risk offenders Answer: D Page Ref: 148 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Intermediate 22) To be effective, halfway houses must provide A) punitive consequences for poor behavior.

B) specific client-needed services.

C) a high level of control.

D) intensive treatment and counseling.

Answer: B Page Ref: 149 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

Level: Intermediate 23) Which of the following is not a characteristic of a day reporting center?

A) They administer drug tests regularly to clients.

B) Clients who attend these centers have to pay program fees.

C) The focus is on daytime incapacitation of clients.

D) Clients must fulfill community service orders.

Answer: C Page Ref: 149 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

Level: Intermediate 24) Which of the following generally is not provided by a day reporting center?

A) Counseling B) Drug testing C) Surveillance D) Residential care Answer: D Page Ref: 149 Objective: Explain the goals and operation of community correctional facilities as well as issues associated with them.

Level: Basic 240

25) Efforts to reduce recidivism among offenders released from confinement need to A) emphasize offender-based approaches.

B) give equal attention and equal resources to all offenders.

C) support evidence-based programs.

D) invest in effective prison-based practices and policies.

Answer: C Page Ref: 152 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Intermediate 26) Which type of community correctional facility tends to have the highest rate of rearrest?

A) Substance abuse treatment facilities B) Boot camps C) Treatment centers D) Intermediate sanction facilities Answer: B Page Ref: 153 Objective: Explain the goals and operations of boot camps as well as issues associated with them.

Level: Basic 27) In general, research into boot camps suggest that they A) successfully decrease recidivism among minority youth.

B) target crime-producing needs of participants.

C) segregate offenders by risk level.

D) result in higher levels of recidivism than traditional probation.

Answer: D Page Ref: 153 Objective: Explain the goals and operations of boot camps as well as issues associated with them.

Level: Intermediate 6.2 True-False 1) Diversion programs come into effect after arrest but prior to court processing.

Answer: FALSE Page Ref: 130 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Basic 2) Police practice diversion through the use of discretion.

Answer: TRUE Page Ref: 130 Objective: Explain how diversion is used to keep offenders out of the corrections system.

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Level: Intermediate 3) Community-based diversion programs that are alternatives to incarceration eliminate the stigma of a criminal record.

Answer: FALSE Page Ref: 131 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Intermediate 4) Civil commitment programs are used for individuals who can be treated more efficiently in a hospital situation.

Answer: TRUE Page Ref: 131 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Intermediate 5) Diversion programs focus on providing a reasonable alternative to incarceration.

Answer: TRUE Page Ref: 132 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Intermediate 6) One of the main characteristics of intermediate sanctions is tighter control over nonincarcerated offenders.

Answer: TRUE Page Ref: 132 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 7) Offenders deemed too dangerous for traditional probation are not eligible for intermediate sanctions.

Answer: FALSE Page Ref: 135 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 8) Intermediate sanctions are less expensive than incarceration.

Answer: TRUE Page Ref: 135 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Basic 9) Restitution forces offenders to accept personal responsibility for their crimes.

Answer: TRUE Page Ref: 136 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

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Level: Basic 10) Intensive supervision probation appears to have been successful in reducing prison overcrowding problems.

Answer: FALSE Page Ref: 137 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Intermediate 11) Drug court programs include a treatment component as part of their overall approach.

Answer: TRUE Page Ref: 138 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Basic 12) Unlike other specialty courts, participation in mental health courts is not voluntary.

Answer: FALSE Page Ref: 142 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Intermediate 13) A community work order is a type of restitution.

Answer: TRUE Page Ref: 143 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Basic 14) A concern about home detention is that it may result in an increase in the level of control placed on petty offenders.

Answer: TRUE Page Ref: 144 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 15) Electronic monitoring was originally used with the mentally ill.

Answer: TRUE Page Ref: 144 Objective: Explain how electronic monitoring and global positioning systems are used and issues associated with their use.

Level: Basic 16) GPS tracking of sex offenders is an effective way of preventing sexual assaults.

Answer: FALSE Page Ref: 145 Objective: Explain how electronic monitoring and global positioning systems are used 243

and issues associated with their use.

Level: Basic 17) Nonresidential community corrections programs with a greater proportion of higherrisk offenders are more successful that those with more low-risk offenders.

Answer: TRUE Page Ref: 148 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Intermediate 18) Day reporting centers are primarily residential.

Answer: FALSE Page Ref: 149 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Basic 19) Day reporting centers will only accept offenders on probation.

Answer: FALSE Page Ref: 149 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Basic 20) Boot camp participants tend to have much lower rearrest rates than participants in other community corrections programs.

Answer: FALSE Page Ref: 153 Objective: Explain the goals and operations of boot camps as well as issues associated with them.

Level: Intermediate 6.3 Fill in the Blank 1) The effort to minimize the number of offenders who enter the criminal justice system through police, court, or community programs is known as ________.

Answer: diversion Page Ref: 130 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Basic 2) Correctional options designed to fill the gap between probation and prison are known as ________ sanctions.

Answer: intermediate Page Ref: 132 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Basic 244

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3) An intermediate sanction that offsets victim losses and forces the offender to accept personal responsibility for the crime is known as ________.

Answer: restitution Page Ref: 136 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Intermediate 4) A judge increasing the sanctions and conditions imposed on an offender is known as ________ sentencing.

Answer: tourniquet Page Ref: 137 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Basic 5) Recidivism rates for drug court participants tend to be ________ than for nonparticipants.

Answer: lower Page Ref: 139 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Intermediate 6) Community work orders require offenders to provide ________ to the community.

Answer: service Page Ref: 143 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Basic 7) Home detention has been criticized for resulting in ________ by bringing petty offenders under correctional control instead of diverting them from the system.

Answer: net-widening Page Ref: 144 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 8) The latest trend in electronic monitoring is the use of ________ tracking.

Answer: GPS Page Ref: 146 Objective: Explain how electronic monitoring and global positioning systems are used and issues associated with their use.

Level: Basic

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9) Community residential treatment centers are otherwise known as ________ houses.

Answer: halfway Page Ref: 146 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Basic 10) The "what works" move is also known as ________ practice.

Answer: evidence-based Page Ref: 148 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Intermediate 11) Research into what works in corrections has found that placing ________-risk offenders in more structured programs can increase their failure rates.

Answer: lower Page Ref: 148 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Intermediate 12) Offenders assigned to day reporting centers tend to live at home because these centers are ________.

Answer: nonresidential Page Ref: 149 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Intermediate 13) Research into the effectiveness of boot camps found that rearrest rates for participants were ________ than for offenders in other types of community facilities.

Answer: higher Page Ref: 153 Objective: Explain the goals and operations of boot camps as well as issues associated with them.

Level: Intermediate

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6.4 Matching Match the intermediate sanction in Column 1 to its definition in Column 2.

A) Residential facility providing rehabilitation programming B) Community supervision using a technological link C) Requiring the offender to repair the harm to the community through service D) Requiring the offender to compensate the victim E) Nonresidential facility providing treatment to offenders 1) Day reporting center Page Ref: 136-149 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 2) Restitution Page Ref: 136-149 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 3) Community work order Page Ref: 136-149 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 4) Halfway house Page Ref: 136-149 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate 5) Electronic monitoring Page Ref: 136-149 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Intermediate Answers: 1) E 2) D 3) C 4) A 5) B

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6.5 Essay 1) What is diversion and what is its purpose?

Answer: Diversion involves attempts to minimize an offender's penetration into the criminal justice system through police-, community-, or court-based programs. The main goal of diversion programs is to provide a reasonable alternative to incarceration in large, overcrowded, and punitive prisons. These programs address problems of prison overcrowding as well as attempting to reduce the problems of stigma and labeling.

Page Ref: 130-132 Objective: Explain how diversion is used to keep offenders out of the corrections system.

Level: Intermediate 2) Explain the factors that led to the current problem of prison overcrowding and how intermediate sanctions may help deal with this issue.

Answer: Prisons and jails today are overcrowded. Factors that contributed to this included a larger number of persons at risk to commit crime and be incarcerated, a shift to more conservative beliefs about how to deal with offenders and crime, the War on Drugs, and the enactment of more stringent punishments. Intermediate sanctions may help reduce the overcrowding problem because they emphasize channeling offenders into community-based programs rather than incarcerating them.

Page Ref: 133-135 Objective: Summarize the goals and operations of intermediate sanctions.

Level: Difficult 3) What is the purpose of a restitution program?

Answer: The purpose of a restitution program is to have the offender provide some sort of compensation to his or her victim and/or the community. The idea is that restitution will help the offender to accept responsibility for the crime. It can result in reconciliation between the offender and the victim and it can give the victim a way to feel more respected.

Page Ref: 136 Objective: Explain restitution programs, intensive supervised probation, and community service programs.

Level: Intermediate 4) Explain how drug courts differ from regular courts.

Answer: While regular courts use sentencing procedures, drug courts use diversion tactics. Drug courts divert drug-abusing and other offenders into treatment instead of incarceration. They hope to reduce crime by changing the person's behavior and by treating the underlying conditions that cause that behavior. They are generally more cost effective and more effective at putting a stop to criminal behavior than regular courts, which seem to act more as a revolving door for criminals.

Page Ref: 138-140 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Intermediate

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5) Describe some of the many uses for halfway houses and explain the advantages and disadvantages of them.

Answer: Halfway house can be used for community correctional purposes, drug and alcohol free living spaces, pre-releasing, and as a place to provide intensive services.

They can provide a home for offenders ranging from low to high risk. They can provide treatment that the offender may or may not otherwise receive and can help to keep offenders safe, stable, and drug free. Disadvantages include the problem that occurs when low- and high-risk offenders are placed together. Low-risk offenders tend to increase their negative behaviors when in the presence of higher-risk offenders. There also could be a stigma attached to residents of a halfway house.

Page Ref: 146-149 Objective: Explain the goals and operations of community correctional facilities as well as issues associated with them.

Level: Difficult 6) What are boot camps and how does the procedures used in boot camps result in increased recidivism?

Answer: Boot camps are residential programs involving strict discipline and an intensive physical regime, as well as specialized education and training, and counseling and treatment for substance abuse and addiction. However, several characteristics of boot camps may be criminogenic instead of therapeutic. Boot camps tend to bond delinquent and criminal groups together, target non-crime-producing needs, mix low-, medium-, and high-risk offenders together, and model aggressive behavior. These factors may contribute to findings showing that participation in boot camps led to increased recidivism, when compared with participation in traditional probation.

Page Ref: 150-153 Objective: Explain the goals and operations of boot camps as well as issues associated with them.

Level: Difficult

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6.6 Critical Thinking 1) Why is there such a need for intermediate sanctions? Explain the pros and cons of this concept.

Answer: There is such a tremendous need for intermediate sanctions because of the current status of the criminal justice system. Jails are overcrowded and the probation system, which is also being pushed to its limits, is not necessarily the right option for all offenders.

The concept of intermediate sanctions offers a wide range of options that can meet the wide-ranging needs of offenders. It is believed that it can help an offender see the seriousness of his or her crime without being incarcerated. It can save a tremendous amount of money. It can be a terrific opportunity to help offenders make amends for their crimes and make some changes without being pulled out of society to be jailed, something that may add to their difficulties upon returning to the community. With intermediate sanctions, offenders could benefit from treatment, support, community service, groups, education, training, etc. and learn the necessary skills that will help them to turn their lives around.

Drawbacks include the fact that a variety of sanctions must be available and the programs running efficiently in order for the idea to be successful. Whether you're talking house arrest, electronic parole, shock incarceration, boot camps, restitution, or some other sanction, the staff has to be adequate and competent– and this may not always be the case. Lawyers and judges must be able to match offenders with the program that can most successfully meet their needs, which may be difficult. There is also the chance that an offender who is allowed to do intermediate sanctions will take advantage of not being incapacitated and offend again, perhaps more seriously than before. The community could suffer the consequences of that.

Page Ref: Throughout Objective: Summarize the goals and operations of intermediate sanctions.

Level: Difficult 2) Various types of problem-solving courts have been found to be successful in reducing recidivism among participants. How can these problem-solving courts have a bigger impact on the entire judicial system?

Answer: Answers will vary. Students should make reference to the fact that these drugs courts utilize diversion, treatment, and other alternative tactics to prevent worse overcrowding problems in the prisons and "revolving door" issues. They should consider the success of these courts as compared to the more traditional courts and hypothesize on what some of the results could be if the traditional courts were to apply drug court tactics.

Page Ref: 138-143 Objective: Describe drug, mental health, and other problem-solving courts.

Level: Difficult

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Corrections in America: An Introduction, 15e (Allen) Chapter 7 Custody Functions 7.1 Multiple Choice 1) Increasing the number of security guards in a prison frequently means a decrease in A) funding from the state.

B) support for treatment programs.

C) prisoner loyalty.

D) privatized funding.

Answer: B Page Ref: 166 Objective: Outline the organizational structure of prisons.

Level: Intermediate 2) Which of the following best explains the public's view towards corrections today?

A) Prisons should focus on securely housing offenders and not focus on rehabilitation unless an inmate clearly shows a desire for reformation.

B) Prisons should emphasize reformatory goals but funding these programs should not be a social priority.

C) Prisons should be a place of strict correction and punishment in order to make the inmates realize the error of their ways.

D) Prisons should focus on reforming inmates, and funding these programs should be a major social priority.

Answer: B Page Ref: 166 Objective: Outline the organizational structure of prisons.

Level: Intermediate 3) Within correctional institutions, custody refers to the level of ________ exercised over offenders.

A) control B) lockdown C) paramilitarization D) prisonization Answer: A Page Ref: 166 Objective: Outline the organizational structure of prisons.

Level: Basic

252

4) Which of the following is more likely to be a characteristic of a federal mediumsecurity inmate rather than a federal high-security inmate?

A) Are not permitted in the general population B) Have been sanctioned for violating prison rules C) Have a sentence of at least 10 years D) Have a history of violence Answer: D Page Ref: 167 Objective: Outline the organizational structure of prisons.

Level: Intermediate 5) The chief executive officer in a prison is the A) overseer.

B) jailer.

C) warden.

D) turnkey.

Answer: C Page Ref: 169 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Basic 6) Which of the following individuals would be most likely to be an administrator in an adult correctional facility today?

A) A white male B) A white female C) A black male D) A Hispanic male Answer: A Page Ref: 169 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate

253

7) Which of the following statements about prison wardens is false?

A) Wardens following the MBWA principle are more vulnerable to inmate attack.

B) Most wardens support rehabilitation and treatment and would approve of conjugal visits.

C) The daily duties of prison wardens primarily involve the daily running of the correctional institution.

D) Female wardens manage both male and female correctional institutions.

Answer: C Page Ref: 169-170 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 8) Which of the following is not usually one of the general duties fulfilled by corrections officers in prisons today?

A) Enforce the rules and keep order B) Search inmates for contraband items C) Report on inmate conduct D) Organize and run treatment programs for inmates Answer: D Page Ref: 171 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Basic 9) Correctional officer degradation has emerged as a result of A) the increasing desire of inmates to file lawsuits.

B) recent court rulings.

C) lower selection standards for correctional officers.

D) unionization of correctional officers.

Answer: B Page Ref: 171 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate

254

10) Union/management conflicts over budgets limitations frequently find that most correctional administrators want the few available funds to be used for A) additional personnel.

B) new security systems.

C) better prison accommodations.

D) pay raises for existing correctional officers.

Answer: A Page Ref: 173 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 11) Because they maintain strict control over inmates' movement and activity, prisons are ________ institutions.

A) bureaucratic B) prisonized C) paramilitary D) total Answer: D Page Ref: 173 Objective: Describe methods for controlling inmate behavior.

Level: Basic 12) Which of the following statements about prisonization is true?

A) It is specific to an individual prison and is not transmitted between facilities.

B) Inmates who do not conform to prisonization expectations are looked up to as independent free-thinkers.

C) Prisonization impedes treatment efforts and works against rehabilitation goals.

D) Inmates who are reincarcerated cannot import prisonization into the prison.

Answer: C Page Ref: 173-174 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 13) Which of the following makes it difficult to run meaningful programs within prisons?

A) The increase in correctional officers B) The tendency towards stricter control over inmates C) The unionization of correctional officers D) The need to count and recount inmates Answer: D Page Ref: 175 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate

255

14) Which type of inmate is most likely to violate prison rules?

A) An inmate housed in a smaller prison B) An inmate serving his first sentence in prison C) An inmate who has a history of drug use prior to admission D) A geriatric inmate Answer: C Page Ref: 177 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 15) In the effort to maximize correctional officers' potential, which of the following change regarding officer education is most common?

A) An increase in the amount of pre-service training B) A decrease in the amount of required in-service training C) Requiring applicants to have a degree in psychology D) Eliminating pre-service training in favor of on-the-job education Answer: A Page Ref: 177 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Basic 16) Which of the following is not a reason why it is necessary to control contraband in prisons?

A) To identify drugs and medicines that could be used as weapons B) To control the collecting of junk C) To ensure retribution by depriving inmates of desired items D) To control the introduction of items that could be used for gambling Answer: C Page Ref: 178 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 17) Which of the following terms refers to the search of a prison cell to detect contraband?

A) Keester B) Frisk search C) Screw D) Shakedown Answer: D Page Ref: 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic

256

18) The majority of escapes from correctional facilities involve A) walkaways from minimum-security or community programs.

B) escapes during riots at maximum-security prisons.

C) offenders tunneling underneath prison walls or fences.

D) the killing of correctional officers by inmates.

Answer: A Page Ref: 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic 19) The shift to unit management has led to an increased focus on hiring potential correctional officers for their ________ qualifications.

A) human skills B) military skills C) bookkeeping skills D) firearm skills Answer: A Page Ref: 182 Objective: Explain the unit team and other methods designed to avoid compartmentalization.

Level: Intermediate 20) What is a key purpose of unit team management?

A) Enhance unionization B) Avoid compartmentalization C) Reduce prisonization D) Ensure graduated release Answer: B Page Ref: 183 Objective: Explain the unit team and other methods designed to avoid compartmentalization.

Level: Intermediate 21) Why are there so many vacant correctional officer positions?

A) The minimum qualifications are too high for many applicants to meet.

B) Correctional officers are overworked and stressed.

C) Correctional officer pay is well below the national average.

D) Correctional officers do not receive health benefits.

Answer: B Page Ref: 184 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate

257

7.2 True-False 1) Due to both technological and educational advances, the bureaucratic style is no longer the prevailing model of prison management.

Answer: FALSE Page Ref: 166 Objective: Outline the organizational structure of prisons.

Level: Intermediate 2) Custody refers to the level of control exercised over offenders in correctional facilities.

Answer: TRUE Page Ref: 166 Objective: Outline the organizational structure of prisons.

Level: Basic 3) Inmates in death row are allowed in the general population.

Answer: FALSE Page Ref: 167 Objective: Outline the organizational structure of prisons.

Level: Basic 4) Prison conditions that exacerbate the impact of incarceration on inmates have a positive impact on correctional officers.

Answer: FALSE Page Ref: 168 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 5) Most female prison wardens are assigned to manage correctional facilities for female offenders.

Answer: FALSE Page Ref: 171 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 6) Correctional officer degradation is a result of court rulings.

Answer: TRUE Page Ref: 171 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 258

7) As a result of unionization, correctional officers now may go on strike to gain leverage in negotiations with management.

Answer: FALSE Page Ref: 173 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 8) Prisonization can increase the effectiveness of treatment and rehabilitation programs in prison.

Answer: FALSE Page Ref: 173-174 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 9) The main way to verify inmate location in correctional facilities today is the count.

Answer: TRUE Page Ref: 175 Objective: Describe methods for controlling inmate behavior.

Level: Basic 10) Increasing positive contacts between custody staff and inmates can reduce dangerous and violent behavior by inmates.

Answer: TRUE Page Ref: 176 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 11) A frisk search involves the search of an entire cell or cell block for contraband.

Answer: FALSE Page Ref: 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic 12) Most inmates who escape from prison are recaptured fairly quickly.

Answer: TRUE Page Ref: 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic 13) The majority of prison escapes take place from medium- and maximum-security facilities.

Answer: FALSE Page Ref: 180 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 259

260

14) The paramilitary model of corrections led to a focus on personnel qualifications that focused on rehabilitation.

Answer: FALSE Page Ref: 182 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 15) One advantage of professionalizing corrections is the potential reduction of successful lawsuits.

Answer: TRUE Page Ref: 183 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 16) Unit team management encourages a focus on both custody and treatment goals.

Answer: TRUE Page Ref: 183 Objective: Explain the unit team and other methods designed to avoid compartmentalization.

Level: Intermediate 17) Low salaries are the primary reason why it is difficult for correctional facilities to hire or retain qualified personnel.

Answer: FALSE Page Ref: 184 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Basic

261

7.3 Fill in the Blank 1) Programs that bridge an inmate's status from imprisonment to community control are known as ________ release programs.

Answer: graduated Page Ref: 167 Objective: Outline the organizational structure of prisons.

Level: Basic 2) Harsh prison conditions such as a lack of air conditioning or hot meals can have ________ effects on correctional staff.

Answer: negative Page Ref: 168 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 3) A 21st century prison warden has ________ power and authority than one working in a correctional facility in the 1960s.

Answer: less Page Ref: 170 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 4) ________ flu is a way for correctional officers to gain leverage during union negotiations without resorting to an illegal strike.

Answer: Blue Page Ref: 173 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Basic 5) Prisonization has a(n) ________ impact on rehabilitation and treatment programs that focus on helping inmates to avoid criminal involvement after release from prison.

Answer: negative Page Ref: 173-174 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate

262

6) The majority of inmates who are charged with violating prison rules are found ________ in prison administrative proceedings.

Answer: guilty Page Ref: 177 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 7) To an inmate, the loss of contraband items results in a loss of ________ within the facility.

Answer: power Page Ref: 178 Objective: Describe methods for controlling inmate behavior.

Level: Basic 8) A(n) ________ search is the most common type of search for contraband and is usually conducted when an inmate enters or leaves a correctional facility and when correctional officers suspect the inmate may be hiding contraband.

Answer: frisk Page Ref: 178 Objective: Describe methods for controlling inmate behavior.

Level: Basic 9) Electrified fences as a means of preventing escape decreases the ________ costs of a prison.

Answer: operational Page Ref: 182 Objective: Describe methods for controlling inmate behavior.

Level: Intermediate 10) Modern correctional hiring practices are increasingly focusing on an applicant's ________ qualifications.

Answer: human-skills Page Ref: 182 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 11) ________ of corrections can lower the potential for a successful lawsuit.

Answer: Professionalization Page Ref: 183 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate

263

12) Unit team management and other similar policies focus on avoiding compartmentalization between ________ and treatment.

Answer: custody Page Ref: 183 Objective: Explain the unit team and other methods designed to avoid compartmentalization.

Level: Intermediate

264

7.4 Matching Match the type of search in Column 1 to its definition in Column 2.

A) The process of detecting inmate contraband by a manual search of an inmate's body B) The process of detecting inmate contraband by a visual inspection of an inmate's body C) The process of detecting inmate contraband by searching an inmate's cell 1) Frisk search Page Ref: 178, 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic 2) Strip search Page Ref: 178, 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic 3) Shakedown Page Ref: 178, 180 Objective: Describe methods for controlling inmate behavior.

Level: Basic Answers: 1) A 2) B 3) C

265

7.5 Essay 1) Explain how custodial staff can affect inmates and why correctional facilities need to pay more attention to this issue.

Answer: While treatment and administrative personnel spend only limited amounts of time with inmates, custodial staff members are with inmates full-time. The words or actions of a single custody officer can damage or destroy months of treatment and counseling efforts. Currently, correctional academies frequently teach incoming correctional officers that inmates are not to be trusted, that they are dangerous, and that they may be "less than human." This may significantly and negatively affect how these officers interact with inmates.

Page Ref: 167-168 Objective: Outline the organizational structure of prisons.

Level: Difficult 2) Discuss the main duties and responsibilities of correctional officers in prisons today.

Answer: Answers should review the general duties listed in the text, including: enforcing rules and keeping order within prisons; supervising and controlling inmate activities; helping in offender counseling and rehabilitation; inspecting facility conditions; searching inmates for contraband; and reporting on inmate conduct.

Page Ref: 171 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Intermediate 3) Explain why it is important for prisons to control contraband and explain why the search for contraband creates conflict between staff and inmates.

Answer: There are several reasons why it is necessary for correctional facilities to control contraband. These include the need to control the introduction of items that could be used for trading and gambling; the need to control the collecting of junk and accumulation of items that make housekeeping difficult; and the need to identify medications and drugs, and items that could be used as weapons or escape implements.

Amassing contraband is an expression of an inmate's power. It can be used in bartering, as currency, to trade favors or show favoritism to more powerful inmates. The loss of contraband is, therefore, the loss of power, so searches and shakedowns are a source of potential conflict between inmates and staff in correctional facilities.

Page Ref: 178-180 Objective: Describe methods for controlling inmate behavior.

Level: Difficult

266

4) Discuss how using electrified fences to prevent escapes from prisons helps reduce operational costs and saves money.

Answer: Answers should explain how electrified fences work, including the ability of the prison to reduce the number of perimeter guard towers. Operational cost savings of electrified fences result from the reduced staffing of prison guard towers and other perimeter guard positions. While there are costs involved in the installation, operation, and maintenance of an electrified fence, the cost savings resulting from reduced staffing generally mean that the cost of a fence is recouped within the first two years of operation.

Page Ref: 181-182 Objective: Describe methods for controlling inmate behavior.

Level: Difficult 7.6 Critical Thinking 1) How do "get tough on criminals" policies often negatively impact correctional officers? Do you think that the need to ensure prison conditions are tough and unpleasant justifies the poor working conditions in which correctional officers must operate? Justify your response.

Answer: Answers will vary but should discuss the way that many prisons today actively focus on creating unpleasant conditions that exacerbate the impact of incarceration on inmates. These may include uncomfortable temperatures (such as a lack of air conditioning in facilities); constant noise; limited inmate access to recreational activities and television; poor food; etc. However, these conditions also negatively impact the correctional officers who work in the facilities. Correctional officers working in harsher prison conditions have increased levels of substance use (tobacco and alcohol), increased sick leave use, higher stress levels, and exhibit a variety of medical problems such as high blood pressure, obesity, mental health issues, and cardiovascular disease. Answers should discuss whether these effects are justified given the belief that a tougher prison reduces crime.

Page Ref: 168 Objective: Describe the various jobs and functions of prison staff, the general challenges and issues corrections officers face, and the unique challenges and issues female and minority corrections officers face.

Level: Difficult 2) Explain the concept of prisonization and why it creates problems within the prison environment.

Answer: Answers should define prisonization as the process by which an inmate adopts the folkways, mores, customs, and general culture of the prison. The process is handed down from prisoner to prisoner and may be transmitted between prisons. Inmates are subjected to a system of rewards and punishments that encourages them to conform to prison codes and not violate the prison normative structure. Prisonization has a negative impact on attempts to provide rehabilitation programs; it works against rehabilitation goals and impedes treatment efforts. It prevents inmates from acquiring the skills and behaviors necessary for them to adjust to free society.

Page Ref: 173-175 Objective: Describe methods for controlling inmate behavior.

Level: Difficult 267

Corrections in America: An Introduction, 15e (Allen) Chapter 8 Security Threat Groups and Prison Gangs 8.1 Multiple Choice 1) A ________ is a criminal organization that originated within the penal system and operates within correctional facilities throughout the United States.

A) political prisoner B) bad news list C) security threat group D) domestic terrorist group Answer: C Page Ref: 192 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Basic 2) Which of the following is an example of a security threat group?

A) A prison gang B) Armed corrections staff C) Prison psychologists responsible for inmate evaluation D) Juvenile offenders vulnerable to assault Answer: A Page Ref: 192 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Intermediate 3) ________ are organizations whose members use their motorcycle clubs as conduits for criminal enterprises.

A) Street gangs B) Prison gangs C) OMGs D) Neighborhood gangs Answer: C Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Basic

268

4) The primary purpose of many neighborhood gangs is A) producing and selling pornographic materials.

B) selling and distributing drugs.

C) violence.

D) organizing prostitution rings.

Answer: B Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 5) One way gang members learn the operation of high-powered firearms and communication devices, as well as combat techniques is A) by joining the military.

B) by working in law enforcement.

C) from other inmates in prison.

D) from corrupt correctional officers.

Answer: A Page Ref: 192-193 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Intermediate 6) During the 1980s, inmates assumed the role of liberators of the oppressed and claimed that they were A) unjustly incarcerated.

B) political prisoners.

C) one percenter OMGs. D) domestic terrorist groups.

Answer: B Page Ref: 193 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 7) The War on Drugs led to an increase in the number of what category of inmates?

A) Mentally ill inmates B) Serious violent offenders C) Street gang members D) Elderly inmates Answer: C Page Ref: 193 Objective: Explain the basic history of gang development and gang differences.

Level: Basic

269

8) A secure housing unit generally is used to house A) lower-level street gang members.

B) gang lieutenants.

C) juvenile gang members.

D) gang leaders.

Answer: D Page Ref: 193 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Intermediate 9) In addition to the financial rewards, correctional officers may engage in corrupt acts such as drug smuggling because A) they disagree with the rules prohibiting drug use in prison.

B) it is a way to protect themselves from powerful institutional threat groups.

C) they have been inducted into an STG and support its goals and aims.

D) they disagree with the way the prison administration deals with STG members.

Answer: B Page Ref: 193 Objective: Identify the scope of criminal activities perpetrated by prison gangs.

Level: Basic 10) Many, but not all, gangs are ________ oriented.

A) economically B) politically C) ideologically D) racially or ethnically Answer: D Page Ref: 194 Objective: Explain the basic history of gang development and gang differences.

Level: Basic 11) Which of the following is not a Hispanic STG? A) La Eme B) The Folk Nation C) The Nñtas D) The Texas Syndicate Answer: B Page Ref: 194 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate

270

12) Which of the following is a Caucasian STG? A) The Aryan Brotherhood B) The Crips C) The Bloods D) The Texas Syndicate Answer: A Page Ref: 195 Objective: Explain the basic history of gang development and gang differences.

Level: Basic 13) The criminal activities of STGs are intended to A) ensure members' loyalty while behind bars.

B) ensure the gang's status.

C) generate cash and assets.

D) give gang members something to do while in prison.

Answer: C Page Ref: 195 Objective: Identify the scope of criminal activities perpetrated by prison gangs.

Level: Intermediate 14) ________ includes any law enforcement practice designed to confront and stop the activities of members of an STG within a correctional facility A) Interdiction B) Shot calling C) Step-downing D) Classification Answer: A Page Ref: 196-197 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic 15) Which of the following is not a function of an institutional gang investigator?

A) Gathering information on institutional STGs B) Developing programming to prevent future gang involvement C) Proposing action to neutralize potential disruptive behavior D) Gathering information on STG members Answer: B Page Ref: 196-197 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Intermediate

271

16) Inmates who want to leave a gang may be allowed to participate in a(n) ________ program.

A) classification B) step-down C) shot-caller D) OMG Answer: B Page Ref: 198 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic 17) A shot caller is A) a member of a domestic terrorist group.

B) a white supremacist gang member.

C) a major gang leader.

D) a corrupt correctional officer.

Answer: C Page Ref: 198-199 Objective: Explain the basic history of gang development and gang differences.

Level: Basic 8.2 True-False 1) Prison gangs are now known as security threat groups.

Answer: TRUE Page Ref: 192 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Basic 2) The One-Percenter OMG is a local street gang.

Answer: FALSE Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Basic 3) Gang members encourage family members to work in the criminal justice system as a way to gather information.

Answer: TRUE Page Ref: 192 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Basic

272

4) Secure housing units are used to isolate gang leaders from the general prison population.

Answer: TRUE Page Ref: 193 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Basic 5) Correctional officers may engage in corruption to protect themselves and their families from gang violence.

Answer: TRUE Page Ref: 193 Objective: Identify the scope of criminal activities perpetrated by prison gangs.

Level: Intermediate 6) It is difficult to identify a gang member within a correctional facility.

Answer: FALSE Page Ref: 194 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic 7) The Texas Syndicate is an African American STG. Answer: FALSE Page Ref: 194 Objective: Explain the basic history of gang development and gang differences.

Level: Basic 8) STGs have been described as domestic terrorist groups.

Answer: TRUE Page Ref: 195 Objective: Identify the scope of criminal activities perpetrated by prison gangs.

Level: Basic 9) The criminal activities of STGs within prison tend to be limited to non-violent acts.

Answer: FALSE Page Ref: 195 Objective: Identify the scope of criminal activities perpetrated by prison gangs.

Level: Basic 10) Interdiction can lead to gang suppression and inmate segregation.

Answer: TRUE Page Ref: 196 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic 273

274

11) Weakening gang ties is an intelligence function.

Answer: TRUE Page Ref: 196 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Intermediate 12) Interdiction efforts can reduce the level of threat and danger that STGs exert on correctional officers.

Answer: TRUE Page Ref: 196 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Intermediate 13) Intelligence about gangs or individual gang members can be obtained from law enforcement as well as correctional departments.

Answer: TRUE Page Ref: 198 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic 14) Inmates who are classified as gang members are automatically placed in step-down programs as a means of interdiction and control.

Answer: FALSE Page Ref: 198 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Intermediate 8.3 Fill in the Blank 1) ________ are organizations whose members use their motorcycle clubs as conduits for criminal enterprises.

Answer: OMGs Page Ref: 192 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Basic 2) During the 1980s, many inmates described themselves as ________ prisoners.

Answer: political Page Ref: 193 Objective: Explain the basic history of gang development and gang differences.

Level: Basic 275

3) The War on ________ led to an increase in the number of gang members in correctional facilities.

Answer: Drugs Page Ref: 193 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 4) Secure housing units are used to isolate gang leaders through ________.

Answer: segregation Page Ref: 193 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Intermediate 5) Correctional staff who do not engage in corrupt acts to support STGs may be placed on the ________.

Answer: bad news list Page Ref: 193 Objective: Identify the scope of criminal activities perpetrated by prison gangs.

Level: Intermediate 6) La Eme and the Texas Syndicate are examples of major ________ STGs. Answer: Hispanic Page Ref: 194 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 7) ________ functions include identifying and classifying gangs and gang members and weakening gang ties.

Answer: Intelligence Page Ref: 196-197 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Intermediate 8) ________ practices are designed to stop the activities of STG members and the entry of contraband into a correctional facility.

Answer: Interdiction Page Ref: 196-197 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic

276

9) ________ programs encourage inmates to earn release from a secure housing unit by discontinuing involvement with gang activities.

Answer: Step-down Page Ref: 198 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Basic 10) Benjamin Davis is the founder and ________ caller of The 211 Crew.

Answer: shot Page Ref: 198 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate

277

8.4 Matching Match the type of gang in Column 1 with its definition in Column 2.

A) A gang that is confined to a specific jurisdiction and often imitates larger and more powerful national gangs B) Criminal organizations formed on the street operating throughout the United States C) Organizations whose members use their motorcycle clubs as conduits for criminal enterprises D) A group of motorcyclists who have made a commitment to band together and abide by group rules enforced by violence and who engage in activities that bring them repeatedly into serious conflict with society and the law E) A security threat group 1) Neighborhood street gang Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

2) Street gang Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 3) OMG Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 4) Prison gang Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 5) One percenter OMG Page Ref: 192 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate Answers: 1) A 2) B 3) C 4) E 5) D

278

Match the gang in Column 1 with its racial/ethnic makeup in Column 2.

A) Hispanic STG B) Caucasian STG C) African American STG 6) The Crips Page Ref: 194-195 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 7) La Eme Page Ref: 194-195 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 8) The Texas Syndicate Page Ref: 194-195 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 9) The Nazi Low Riders Page Ref: 194-195 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 10) The D.C. Blacks Page Ref: 194-195 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate 11) The Aryan Brotherhood Page Ref: 194-195 Objective: Explain the basic history of gang development and gang differences.

Level: Intermediate Answers: 6) C 7) A 8) A 9) B 10) C 11) B

279

8.5 Essay 1) How do security threat groups pose a danger to correctional officers and why do these officers become involved in correctional officer corruption as a result of this threat?

Answer: Security threat groups can pose a significant danger for correctional officers.

Because STG members inside prison have connections to members outside the facility, they can threaten to injure or kill not only officers themselves but also their families.

Correctional officers may be pressured to engage in corrupt behaviors, such as smuggling drugs or other illegal substances, as a means of self-defense. Officers who fail to conform may find themselves on the bad news list, from which free-world gang associates enforce gang discipline.

Page Ref: 193 Objective: Summarize the threat of prison gangs within prison and after release from confinement.

Level: Intermediate 2) What are some of the factors that correctional investigators look for when they focus on identifying gang members?

Answer: Correctional officers focusing on identifying gang members look for a number of factors. These include inmates who admit to being a member of a particular STG; inmates who are identified by other inmates or by law enforcement officers as being a member of an STG; inmates who are identified by an unproven informant when backed up by another source; inmates who are arrested in the company of known gang members while committing crimes reflecting gang activity; and inmates who lived in or frequented a gang crime zone known to evidence gang activity.

Page Ref: 194 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Difficult 3) What factors do correctional facilities use to determine whether or not an inmate is a gang member?

Answer: Institutional gang investigators collect detailed information about inmates which is then used to rate inmates and determine whether or not they should be classified as gang members. Factors that are used to make this determination include symbols, documentation from informants, debriefing reports, written materials, photographs, staff information, information from other agencies, association with STG affiliates, gangaffiliated visitors, self-admission by the inmate, and tattoos.

Page Ref: 197-198 Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Intermediate

280

8.6 Critical Thinking 1) Do you think secure housing units (SHUs) are a good way to reduce gang activity in prison as well as the influence of gang leaders on free-world gang members? Why or why not?

Answer: Answers will vary but should demonstrate an understanding of the danger that gang leaders pose within the prison to other inmates and to correctional officers, and the control that these inmates have over free-world crime. Answers should also show an understanding that the use of SHUs to isolate these gang leaders has reduced but not eliminated their control over gang behavior both inside prison and in the free world.

Page Ref: Throughout Objective: Explain the roles of intelligence and interdiction/control programs in coping with security threat groups.

Level: Difficult 2) Why do some investigators describe STGs as domestic terrorist groups? Do you think this is an appropriate description?

Answer: Answers will vary but should show an understanding of the types of criminal acts in which gang members are involved as well as the purposes and goals of these crimes. Answers should also demonstrate knowledge of how gangs use violence to cement their control over a criminal activity and to assassinate criminal justice personnel.

Page Ref: 195 Objective: Multiple Level: Difficult

281

Corrections in America: An Introduction, 15e (Allen) Chapter 9 Management and Treatment Functions 9.1 Multiple Choice 1) What are the two major strategic processes of corrections?

A) Education and behavior modification B) Classification and security C) Custody and treatment D) Reintegration and reentry Answer: C Page Ref: 1206 Objective: Summarize the security and custody functions within a correctional facility.

Level: Intermediate 2) Correctional treatment leads to lower rates of recidivism, resulting in A) enhanced public safety.

B) the fulfillment of a moral obligation.

C) increased social justice.

D) a more humane correctional system.

Answer: A Page Ref: 206 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Intermediate 3) Nationally, treatment services amount to approximately ________ percent of institutional staff expenditure?

A) 25 B) 20 C) 10 D) 5 Answer: C Page Ref: 206 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 4) What is the primary mission of corrections?

A) To protect society B) To punish offenders C) To rehabilitate offenders D) To engage in behavior modification of offenders Answer: A Page Ref: 206 Objective: Summarize the security and custody functions within a correctional facility.

Level: Intermediate 282

5) "Backfilling" involves A) meeting minimum critical staffing by asking corrections officers to work the next tour or shift.

B) replacing retiring corrections officers with newly hired ones.

C) maintaining a reserve cohort of corrections officers to act as replacements.

D) replacing recently released prisoners with overflow prisoners from another institution.

Answer: A Page Ref: 206 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 6) The intent of pod management is to A) eliminate the need for backfilling within a prison.

B) integrate the security and programming functions within a prison.

C) implement the gradualism approach to program development.

D) incorporate the use of meta-analysis in prison programming.

Answer: B Page Ref: 207 Objective: Summarize the security and custody functions within a correctional facility.

Level: Intermediate 7) Which of the following is not one of the three main themes that run through correctional management?

A) A gradualism approach to program development and change B) A paramilitary approach to correctional administration C) Correctional administrators' perception of offenders as inferior D) The syndrome of isolationism and withdrawal Answer: B Page Ref: 208-209 Objective: Explain the three pervasive themes that have run through correctional management.

Level: Basic 8) Which of the following is a correctional policy that has helped conceal the realities of institutional life from the public?

A) Isolationism and withdrawal B) Gradualism approach C) Restraint and reformation D) Meta-analysis Answer: A Page Ref: 208-209 Objective: Explain the three pervasive themes that have run through correctional management.

Level: Basic

283

9) At what stage would the determination be made regarding whether to send an inmate to a maximum-, medium-, or low-security correctional facility?

A) Reclassification B) External classification C) Internal classification D) Sentencing Answer: B Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 10) Which of the following is occurring when an inmate is assigned to a cell block within a prison?

A) Reclassification B) External classification C) Internal classification D) Sentencing Answer: C Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 11) The conflict between treatment and custody staff can be ________ if the classification process is not carefully handled.

A) forgotten B) reduced C) diminished D) intensified Answer: D Page Ref: 210 Objective: Explain how inmate needs are identified.

Level: Intermediate 12) Which of the following describes the process of assigning new inmates to a higher custody grade than their background warrants?

A) Security-oriented classification B) External classification C) Internal classification D) Treatment-oriented classification Answer: A Page Ref: 211 Objective: Explain how inmate needs are identified.

Level: Intermediate

284

13) Which of the following is not one of the three basic services first offered to prisoners?

A) Aftercare services B) Educational services C) Medical services D) Religious services Answer: A Page Ref: 211 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 14) Most immediate health care in prisons is provided by A) medical students.

B) licensed physicians.

C) nurses.

D) nursing students.

Answer: C Page Ref: 212 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate 15) What is comorbidity?

A) Two or more simultaneous medical needs for one inmate B) Two individuals die at the same time as the result of violence C) An inmate kills his or her cellmate D) An inmate dies as the result of poor medical care in prison Answer: A Page Ref: 213 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate 16) Because there are many different faiths represented in prisons, prison chaplains attempt to offer ________ services.

A) optimistic B) fanatical C) ecumenical D) educational Answer: C Page Ref: 217 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate

285

17) What type of professional constitutes the largest group of treatment personnel in prisons?

A) Social workers B) Psychiatrists C) Chaplains D) Teachers Answer: D Page Ref: 217 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 18) Why have educational release programs been curtailed in recent years?

A) Offenders are not interested in participating in educational release programs.

B) Administrators do not consider these programs useful.

C) Some highly visible failures have led to concerns about public safety.

D) The programs have low rates of success.

Answer: C Page Ref: 219 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 19) The goal of the earliest instances of vocational and technical training in prisons was A) institutional profit.

B) prison discipline.

C) inmate enrichment.

D) inmate reentry.

Answer: A Page Ref: 220 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 20) During ________, federal laws restricting the interstate transport of prison-industry goods effectively diminished many vocational training programs.

A) Prohibition B) the Civil War C) World War I D) the Great Depression Answer: D Page Ref: 220 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate

286

21) What type of prison labor system entailed renting out parts of the prison population to private businesses or businesspeople?

A) Contract labor B) Piece-price C) Public account D) State-use Answer: A Page Ref: 220 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 22) What type of prison labor system uses the prison population to produce items that will not enter the open market?

A) Contract labor B) Piece-price C) Public account D) State-use Answer: D Page Ref: 221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 23) What type of prison labor system entails private contractors or businesses providing raw materials to the prison and then purchasing the finished products for a set price?

A) Contract labor B) Piece-price C) Public account D) State-use Answer: B Page Ref: 221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 24) What type of prison labor system uses the prison population to produce items that will be sold on the open market?

A) Contract labor B) Piece-price C) Public account D) State-use Answer: C Page Ref: 221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 287

288

25) Teaching inmates to increase self-control and use coping mechanisms are common components of what type of program?

A) Anger management B) Cognitive behavioral intervention C) Therapeutic communities D) Gradualism Answer: A Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 26) Which type of program uses a group-based approach and focuses on helping offenders change the thoughts, beliefs, and actions that create the potential for criminal behavior and contribute to actual criminal activity?

A) Anger management B) Cognitive behavioral intervention C) Therapeutic communities D) Gradualism Answer: C Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 27) What is the primary objective of the reintegration model?

A) Reduce offender recidivism B) Return the offender to society as a responsible and productive citizen C) Reunite offenders with their families D) Reintegrate offenders into their home communities Answer: B Page Ref: 223 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Intermediate 28) Which of the following is not one of the three major objectives for which inmate are allowed to leave prison?

A) Education B) Work C) Occupational training D) Conjugal visitation Answer: D Page Ref: 224 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 289

29) A prison visit from which of the following is least likely to reduce offender recidivism?

A) The inmate's ex-spouse B) The inmate's father C) The inmate's siblings D) The inmate's in-laws Answer: A Page Ref: 210 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Intermediate 9.2 True-False 1) Custody issues are the dominant concerns of correctional administrators and their management staff.

Answer: TRUE Page Ref: 206 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 2) Like custodial staff, treatment staff must work 24 hours a day, 7 days a week.

Answer: FALSE Page Ref: 206 Objective: Summarize the security and custody functions within a correctional facility.

Level: Intermediate 3) Although they consult with counselors and educators when developing treatment plans, unit teams only contain uniformed correctional staff.

Answer: FALSE Page Ref: 207 Objective: Summarize the security and custody functions within a correctional facility.

Level: Intermediate 4) In a pod management approach, team members pay close attention to the needs of inmates.

Answer: TRUE Page Ref: 207 Objective: Explain how inmate needs are identified.

Level: Intermediate 5) Correctional administrators' perceptions of offenders as morally inferior human beings is reinforced by the gradualism approach to correctional management.

Answer: FALSE Page Ref: 208 Objective: Explain the three pervasive themes that have run through correctional management.

Level: Intermediate 290

291

6) The correctional policy of isolationism and withdrawal still runs through correctional management today.

Answer: TRUE Page Ref: 209 Objective: Explain the three pervasive themes that have run through correctional management.

Level: Intermediate 7) Internal classification is the process of assigning inmates to housing units and programming.

Answer: TRUE Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Basic 8) In most cases, prisoner reclassification only occurs if the inmate requests that his or her assignments be reviewed.

Answer: FALSE Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 9) Accurate inmate classification can help correctional administrators more effectively deploy staff members.

Answer: TRUE Page Ref: 211 Objective: Explain how inmate needs are identified.

Level: Intermediate 10) The basic reason for treatment and specialized programs in corrections is the protection of society.

Answer: TRUE Page Ref: 211 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 11) The possibility of tertiary infection creates health risks outside prisons.

Answer: TRUE Page Ref: 212 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate

292

12) Other than security issues, the most expensive area of prison operations is medical care for inmates.

Answer: TRUE Page Ref: 212-213 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate 13) Most prison systems today have adapted to the needs of the growing population of geriatric inmates.

Answer: FALSE Page Ref: 215 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate 14) Correctional chaplaincy positions are highly sought-after positions for clergy members of all denominations.

Answer: FALSE Page Ref: 217 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 15) Inmates belonging to non-traditional religions have the right to pursue their faiths while confined to prison.

Answer: TRUE Page Ref: 217 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 16) Inmates who complete a GED or vocational training program in prison are significantly less likely to recidivate.

Answer: TRUE Page Ref: 218 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Basic 17) The state-use system of prison industry produces items that are sold on the open market for state profit.

Answer: FALSE Page Ref: 221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 293

18) Cognitive behavioral intervention is a therapeutic approach that focuses on the ways in which offenders think.

Answer: TRUE Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 19) Therapeutic community programs focus on treating criminal behavior and drug addiction.

Answer: TRUE Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 20) Prison visitation appears to increase the risk of recidivism.

Answer: FALSE Page Ref: 224 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Intermediate 9.3 Fill in the Blank 1) The primary mission of corrections is to protect the ________.

Answer: public Page Ref: 206 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 2) The ________ approach is a "go-slow" approach to program development and change.

Answer: gradualism Page Ref: 208 Objective: Explain the three pervasive themes that have run through correctional management.

Level: Basic 3) Assigning inmates to the appropriate institution involves ________ classification.

Answer: external Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 4) A security-oriented classification system often ________ inmates from participating in programs that could lead to their rehabilitation.

Answer: excludes Page Ref: 211 294

Objective: Explain how inmate needs are identified.

Level: Basic 5) Inmates seeking sick calls for reasons other than a medical need are known as ________.

Answer: goldbrickers Page Ref: 211 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Basic 6) Most immediate health care in prison is provided by ________.

Answer: nurses Page Ref: 212 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate

295

7) Prisoner lawsuits relating to the dangers of ________ smoke have contributed to the move to ban smoking in correctional facilities.

Answer: secondhand Page Ref: 216 Objective: Summarize treatment issues associated with inmate health care and programming.

Level: Intermediate 8) Correctional ________ is a program of recruiting clergy who minister to the religious needs of inmates.

Answer: chaplaincy Page Ref: 217 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 9) Inmates who earn a GED while in prison are ________ likely to recidivate.

Answer: less Page Ref: 218 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Basic 10) Any training program designed to increase job readiness and job skills for inmates is ________ training.

Answer: vocational Page Ref: 220 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 11) The ________ scheme of prison industry involved private contractors providing raw materials and paying a set price to the prison for produced items.

Answer: piece-price Page Ref: 221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 12) The most effective type of therapy, which focuses on the ways in which offenders think, is known as ________ behavioral intervention.

Answer: cognitive Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Basic 13) A(n) ________ community is a participative, group-based approach to treating 296

criminal behavior and drug addiction.

Answer: therapeutic Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 14) The ________ model is a treatment approach to prevent relapse and recidivism by use of existing community services, often bundled into a reentry plan to lower recidivism.

Answer: reintegration Page Ref: 223 Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Intermediate

297

9.4 Matching Match the classification term in Column 1 with its meaning in Column 2.

A) The process leading managers to assign inmates to an institution B) The process of dividing and assigning incoming inmates into meaningful categories for assignment to institutions and programs C) The process by which inmate control and programming are changed D) The process of assigning inmates to types of programs and work and cell locations 1) Classification Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 2) External classification Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 3) Internal classification Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate 4) Reclassification Page Ref: 210 Objective: Differentiate between classification for security versus classification for treatment.

Level: Intermediate Answers: 1) B 2) A 3) D 4) C

298

Match the phase of prison industry in Column 1 to its description in Column 2.

A) The prison used inmates to produce items that are not sold on the open market B) The prison used inmates to manufacture products which were sold on the open market C) Members of the prison population were rented to private contractors who used the inmates' labor for private gain D) Private contractors provided raw materials and paid a set price to the prison for produced items 5) Contract labor Page Ref: 220-221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 6) Piece-price Page Ref: 220-221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 7) Public account Page Ref: 220-221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 8) State-use Page Ref: 220-221 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate Answers: 5) C 6) D 7) B 8) A

299

Match the type of therapy in Column 1 with its definition in Column 2.

A) A treatment program designed to help offenders control their aggression B) A participative, group-based approach to treating criminal behavior and drug addiction C) Mental processes that generally hinder change in prisoners but can be corrected by various thinking, speaking, and conceptual treatments D) A structured process that seeks to change how an offender thinks and sees the world 9) Cognitive behavioral intervention Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 10) Cognitive Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 11) Anger management Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate 12) Therapeutic community Page Ref: 223 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate Answers: 9) D 10) C 11) A 12) B

300

9.5 Essay 1) Explain the syndrome of isolationism and withdrawal common to correctional management in the past and the present. What contributes to this tendency, and what are its effects?

Answer: Answers will vary but should address the tendency to conceal prison life and its realities from the public at large. Answers should also address the impact these behaviors have on the perpetuation of stereotypes and on the failure of the general public to understand the realities of the correctional system, which undermines support for necessary changes. This tendency is the result of both the public's desire to avoid discussion of the correctional system and a lack of effective communications leadership from within the correctional system.

Page Ref: 209 Objective: Explain the three pervasive themes that have run through correctional management.

Level: Difficult 2) Identify, discuss, and give at least one example for each of the three traditional types of services offered to inmates in the corrections treatment model.

Answer: Answers will vary but should demonstrate an understanding of the three types of services (medical, religious, and educational) and the rationale for their existence, and should also provide at least one example of each service type. Students should express understanding of the fact that treatment programs are part of a holistic approach to protecting society, the ultimate goal of the correctional system.

Page Ref: Throughout Objective: Summarize various treatment programs within a prison, including prison labor; Summarize treatment issues associated with inmate health care and programming.

Level: Difficult 3) Discuss the major barriers to effective educational programming for inmates, and their causes.

Answer: Answers will vary but should address issues related to operational requirements, security concerns, shortage of teachers, shortage of educational materials, tight budgets, and lack of inmate motivation. Cited causes may include a lack of financing borne of public misunderstanding or disinterest, or the effect sentencing may have on inmate participation or motivation.

Page Ref: 217-220 Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Intermediate

301

9.6 Critical Thinking 1) In light of the budgetary pressures and constraints faced by all levels of government, how can increased expenditure on prison treatment and rehabilitation programs be justified to the tax-paying public?

Answer: Answers will vary but should address the ways in which prison treatment and rehabilitation programs can ameliorate the causes of a prisoner's criminality, ease the transition back into civilian life, prepare prisoners to function as productive citizens, and reduce recidivism.

Page Ref: Throughout Objective: Summarize various treatment programs within a prison, including prison labor.

Level: Difficult 2) Imagine that you are tasked with developing a reentry program for nonviolent offenders. What types of issues and questions must be considered before developing a program? What types of activities or programs would you recommend for inclusion?

Answer: Answers will vary but should demonstrate an understanding of the challenges facing offenders upon their return to normal society and the types of programs that may ease this transition.

Page Ref: Throughout Objective: Explain how prison programs and the vocational model can lessen recidivism.

Level: Difficult

302

Corrections in America: An Introduction, 15e (Allen) Chapter 10 Jails and Detention Facilities 10.1 Multiple Choice 1) What was the original purpose of the English jail, as conceived by King Henry II? A) To confine offenders awaiting execution B) To house offenders awaiting transfer to prison C) To house suspects awaiting trial D) To punish individuals convicted of crimes Answer: C Page Ref: 234 Objective: Outline the history of jails.

Level: Basic 2) Jails are funded by what type of taxes?

A) State B) Local C) Federal D) County Answer: B Page Ref: 234 Objective: Outline the history of jails.

Level: Basic 3) Critics argue that the right to a presumption of innocence until trial and conviction in a court of law is difficult to maintain once A) the police have incontrovertible evidence.

B) the alleged offender has been arrested.

C) the alleged offender has secured legal representation.

D) the alleged offender has been detained in jail.

Answer: D Page Ref: 235 Objective: Summarize issues in jails.

Level: Intermediate 4) Which amendment to the United States Constitution guarantees the right to a "speedy and public trial"?

A) 6th Amendment B) 3rd Amendment C) 4th Amendment D) 7th Amendment Answer: A Page Ref: 235 Objective: Summarize issues in jails.

Level: Intermediate 303

5) Which of the following individuals would probably not be found in a jail?

A) An offender who has violated parole B) An individual being held in protective custody C) An offender serving a sentence for a felony offense D) A material witness Answer: C Page Ref: 237 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 6) The fastest-growing segment of America's jail population is A) Caucasians.

B) African-Americans.

C) Hispanics.

D) Asians.

Answer: C Page Ref: 238 Objective: Describe the characteristics of jail inmates.

Level: Basic 7) ________ facilities are intended to maximize interaction between inmates and staff.

A) New-generation B) Minimum security C) Maximum security D) County jail Answer: A Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 8) A major difference between traditional jails and new-generation jails is A) inmate supervision.

B) inmate demographics.

C) staff training.

D) service provision.

Answer: A Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate

304

9) Mandatory sentencing and other get-tough policies have contributed to A) reduced rates of recidivism.

B) jail overcrowding.

C) lower levels of violence in jails.

D) increased levels of violence in jails.

Answer: B Page Ref: 240 Objective: Summarize issues in jails.

Level: Intermediate 10) What is a "holdback" jail inmate?

A) An inmate who is going through a step-down program prior to release B) An inmate who has been denied parole C) An inmate who is ineligible for alternatives to incarceration D) An inmate who is awaiting transportation to a federal or state prison Answer: D Page Ref: 240 Objective: Summarize issues in jails.

Level: Basic 11) Most holdback inmates are delayed due to A) overcrowding at the destination facility.

B) indecision regarding the risk posed to other prisoners by the inmate.

C) pending criminal charges.

D) a pending appeal.

Answer: A Page Ref: 240 Objective: Summarize issues in jails.

Level: Intermediate 12) The increase in the number of jails in the United States is mainly due to A) old jails being incorporated into new jails.

B) an increase in the size of facilities.

C) a shift in population centers.

D) the retiring of outdated facilities.

Answer: A Page Ref: 241 Objective: Summarize issues in jails.

Level: Intermediate

305

13) The primary emphasis in jails is on A) the provision of pretrial services.

B) correctional services.

C) custodial convenience.

D) treatment programs.

Answer: C Page Ref: 243 Objective: Summarize issues in jails.

Level: Intermediate 14) A "day fine" is a A) sliding dollar amount determined by the offender's daily wages.

B) fee charged to the offender for each day he or she is confined.

C) variable dollar amount tied to the number of days an offender is sentenced.

D) fee an offender may pay in lieu of incarceration.

Answer: A Page Ref: 246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 15) What type of supervisory arrangement allows an offender to retain his or her employment while fulfilling his or her jail time on non-working days?

A) Pre-trial release B) Restitution C) Weekend confinement D) House arrest Answer: C Page Ref: 246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 16) A weekender is A) an inmate who is allowed to live at home during the week but must report to jail to serve his or her sentence on weekends.

B) an inmate jailed for habitual weekend offenses.

C) an inmate jailed for what are termed "weekend offenses," such as public drunkenness or simple assault.

D) a county correctional officer who works the weekend shift.

Answer: A Page Ref: 246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate

306

17) Probation without adjudication occurs when an offender A) forgoes prosecution as long as he or she meets established criteria.

B) violates his or her probation standards.

C) flees the jurisdiction in which the offense occurred.

D) forgoes a trial in exchange for a reduced charge and sentence.

Answer: A Page Ref: 247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 18) Which of the following statements regarding pretrial alternatives to jail is false?

A) Pretrial release alternatives are as effective as jail in preventing recidivism.

B) Pretrial release alternatives cost less than jail incarceration.

C) Persons released before trial are more likely to be convicted than those who are incarcerated.

D) Alternative programs can reduce jail populations.

Answer: C Page Ref: 247 Objective: Describe the various types of pretrial release.

Level: Intermediate 19) What is own recognizance release?

A) An arrestee is released from jail after paying a set amount of bail.

B) An arrestee is released from jail after promising that he or she will return for a scheduled court hearing.

C) An arrestee is released from jail but returned due to violation of bail conditions.

D) An arrestee is released from jail on probation.

Answer: B Page Ref: 247 Objective: Describe the various types of pretrial release.

Level: Intermediate 20) Holding someone accused of a crime because he or she cannot make bail is A) recognizance.

B) pretrial jail incarceration.

C) price-tag justice.

D) back-holding.

Answer: B Page Ref: 249 Objective: Describe the various types of pretrial release.

Level: Intermediate

307

21) Which of the following is not a common characteristic of a jail inmate?

A) Growing up in a two-parent household B) Having a prior arrest for a crime against property C) Having a mental health illness D) A history of substance abuse Answer: A Page Ref: 249-250 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 22) Most researchers into correctional intervention have found that ________ is/are necessary to have an effect on offender recidivism.

A) human intervention B) clear determinate sentences C) strict punishment D) the use of weekend confinement Answer: A Page Ref: 249 Objective: Summarize issues in jails.

Level: Intermediate 10.2 True-False 1) A jail is a local secure facility designed to house offenders, usually for one year or less.

Answer: TRUE Page Ref: 233 Objective: Outline the history of jails.

Level: Basic 2) The original purpose of jails was to detain suspected or accused offenders until they could be brought before a court.

Answer: TRUE Page Ref: 234 Objective: Outline the history of jails.

Level: Intermediate 3) Jails house both convicted and unconvicted persons.

Answer: TRUE Page Ref: 234-235 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 4) In court proceedings, "not guilty" is equivalent to "innocent."

Answer: FALSE Page Ref: 235 Objective: Outline the history of jails.

308

Level: Intermediate 5) The majority of jail inmates are offenders who have been convicted of a crime and are serving their sentences in the jail.

Answer: FALSE Page Ref: 237 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 6) Blacks are disproportionately represented in jail populations in the United States.

Answer: TRUE Page Ref: 238 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 7) New-generation jail facilities are designed to maximize interaction between inmates and staff.

Answer: TRUE Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 8) In traditional jails, inmates are closely supervised by corrections officers.

Answer: FALSE Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Basic 9) Podular housing units had to be abandoned because jail inmates attacked jail officers and destroyed jail furnishings and fixtures.

Answer: FALSE Page Ref: 239-240 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 10) Overcrowding in jails is decreasing due to the increased problems of overcrowding in prisons.

Answer: FALSE Page Ref: 240 Objective: Summarize issues in jails.

Level: Intermediate 11) Holdback jail inmates are usually delayed in jail because of overcrowding problems in prisons.

Answer: TRUE Page Ref: 240 Objective: Summarize issues in jails.

Level: Intermediate 309

310

12) Substance use and abuse plays a role in many of the offenses committed by convicted jail inmates.

Answer: TRUE Page Ref: 240 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 13) Male jail inmates tend to have much higher rates of mental health problems than females.

Answer: FALSE Page Ref: 244 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 14) The bulk of misdemeanor cases are disposed of through the imposition of fines.

Answer: FALSE Page Ref: 245-246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 15) Weekend confinement helps reduce the negative impact of short-term incarceration on jail inmates.

Answer: TRUE Page Ref: 246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Basic 16) Suspended sentences are used for offenders who require supervision to ensure good behavior.

Answer: FALSE Page Ref: 247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 17) Pretrial alternatives to jail are often more expensive than simply incarcerating a suspect until trial.

Answer: FALSE Page Ref: 247 Objective: Describe the various types of pretrial release.

Level: Intermediate 18) Individual released on their own recognizance do not have to pay bail.

Answer: TRUE Page Ref: 247 Objective: Describe the various types of pretrial release.

Level: Intermediate 311

10.3 Fill in the Blank 1) The presumption of ________ is a foundation of the American criminal justice system.

Answer: innocence Page Ref: 235 Objective: Outline the history of jails.

Level: Basic 2) The ________ Amendment to the Constitution guarantees the right to a speedy trial.

Answer: Sixth Page Ref: 235 Objective: Outline the history of jails.

Level: Basic 3) Offenders serving out their sentences in jails were mainly convicted of ________ offenses.

Answer: misdemeanor Page Ref: 238 Objective: Describe the characteristics of jail inmates.

Level: Intermediate 4) The ________ jail was developed in the 1970s to maximize staff-inmate interaction.

Answer: new-generation Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Basic 5) The ________ supervision strategy is believed to reduce inmate problems such as contraband possession, property destruction, and violence.

Answer: direct Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 6) Inmates kept in jail while awaiting transportation to a state or federal prison are known as ________ inmates.

Answer: holdback Page Ref: 240 Objective: Summarize issues in jails.

Level: Basic 7) Attempts to reduce ________ in jails include converting abandoned motels into annexes, using modular housing units, and tent-based housing.

Answer: overcrowding Page Ref: 241 Objective: Summarize issues in jails.

312

Level: Intermediate 8) The ________ system charged the inmates or their families and friends for maintaining the inmates.

Answer: fee Page Ref: 243 Objective: Outline the history of jails.

Level: Intermediate 9) Weekenders generally are housed in ________-security facilities.

Answer: minimum Page Ref: 246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Basic 10) Judges may order misdemeanor offenders to perform community service as a substitute for a(n) ________.

Answer: fine Page Ref: 246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 11) Placing an offender on probation without adjudication is also known as ________ prosecution.

Answer: deferred Page Ref: 247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Basic 12) An arrestee may be released on his or her own ________ under the promise to return for his or her court hearing.

Answer: recognizance Page Ref: 247 Objective: Describe the various types of pretrial release.

Level: Intermediate 13) Criminal ________ data provide information on an offender's prior arrests and convictions.

Answer: history Page Ref: 250 Objective: Describe the characteristics of jail inmates.

Level: Intermediate

313

10.4 Matching Match the type of jail in Column 1 with its description in Column 2.

A) Maximizes interaction between the staff and inmates B) Inmates interact with staff and other inmates through day rooms or common areas C) Lines of cells with a communal dayroom D) Involved intermittent supervision by correctional officers 1) Direct-supervision Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 2) New-generation Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 3) Third generation jail Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 4) Traditional jail Page Ref: 239 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate Answers: 1) B 2) A 3) C 4) D

314

Match the jail alternative in Column 1 with its definition in Column 2.

A) Deferred prosecution B) Offender is permitted to serve a sentence during non-working periods C) Arrestee released from jail under the promise that he or she will return for their court hearing D) Used for offenders who do not require supervision to ensure good behavior 5) Own recognizance Page Ref: 246-247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 6) Suspended sentence Page Ref: 246-247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 7) Probation without adjudication Page Ref: 246-247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate 8) Weekender Page Ref: 246-247 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Intermediate Answers: 5) C 6) D 7) A 8) B

315

10.5 Essay 1) Identify the major differences between traditional and new-generation confinement facilities, including their effects.

Answer: Answers will vary but should address the layout and design of the facility types, as well as the effects such design has on the functioning and operation of jail facilities.

The ways in which the cells and common areas are structured should be addressed, as should the heightened levels of supervision possible in new-generation facilities. The answer should make mention of potential effects such as reduced violence, increased interaction between staff and inmates, and reduced noise and stress levels.

Page Ref: 239-240 Objective: Summarize the design and supervisory options in jails.

Level: Intermediate 2) Identify and explain the variety of available alternatives to pretrial confinement.

Answer: Answers will vary but should include a discussion of release on one's own recognizance as well as descriptions of various programs and sanctions such as electronic monitoring, house arrest, and treatment programs.

Page Ref: 247-248 Objective: Describe the various types of pretrial release.

Level: Intermediate 3) Discuss the reasoning behind and the potential benefits, to the individual as well as to the community, of pre-trial release alternatives.

Answer: Answers will vary but should include mention that pre-trial release alternatives, in addition to reducing incarceration costs and easing overcrowding, also work to maintain an arrestee's ties with his or her family, friends and community, allow the offender to continue working, provide the opportunity for enrollment in treatment programs, prevent incarceration of persons who have yet to be tried and convicted, and reduce the likelihood that an arrestee will suffer psychological problems as a result of confinement.

Page Ref: 247 Objective: Describe the various types of pretrial release.

Level: Difficult

316

10.6 Critical Thinking 1) Does the existence of a system that levies fines for misdemeanor offenses, whereby those who are unable to pay fines are confined, while others with the means to satisfy fines are released, having fulfilled their debt to society, unfairly punish poorer offenders, or alleged offenders? What about offenders who are confined pre-trial due to an inability to satisfy the set bail? What kinds of effects do these policies have?

Answer: Answers will vary but should include reference to the concept of "price-tag justice," as well as the fact that such systems can have the effect of confining people who have yet to be tried or convicted, and who are legally guaranteed a presumption of innocence before being found guilty in a court of law, and how some consider this a violation of the offender's rights. Answers should address the appearance of inequity in this context, as well as the consequences of such a system, such as a potential for jail overcrowding or heightened levels of resentment among such affected offenders.

Page Ref: 245-246 Objective: Summarize pretrial services and other alternatives to jail incarceration.

Level: Difficult 2) Imagine that you are responsible for determining the right level of supervision for a non-violent offender named Mark. Mark is a divorced father of two young children. He shares custody with his ex-wife and is responsible for his children on alternating weekends. He is employed full-time in a nearby office park and is primarily responsible for financially supporting his children. Mark was recently arrested for driving under the influence of alcohol. He was arrested one year prior to this for drunk and disorderly conduct, for which he was fined and ordered to perform community service, which he did. What kind of supervisory arrangement do you think best serves the interests of Mark as well as society as a whole?

Answer: Answers will vary greatly, as the student is asked to give his or her opinion on the matter. The response must justify the suggested level of supervision. Responses may address substance abuse treatment programs, electronic monitoring, random drug and alcohol testing, or community service obligations.

Page Ref: 247-248 Objective: Describe the various types of pretrial release.

Level: Difficult

317

Corrections in America: An Introduction, 15e (Allen) Chapter 11 Prison Systems 11.1 Multiple Choice 1) Which of the following is not one of the major correctional institutions in the state systems?

A) Close prisons B) Medium security prisons C) Supermax prisons D) Weekend confinement prisons Answer: D Page Ref: 258 Objective: Explain the organization and basic functions of state prisons.

Level: Basic 2) The primary emphases of state prison facilities are A) security and custody.

B) security and rehabilitation.

C) detention and punishment.

D) rehabilitation and punishment.

Answer: A Page Ref: 258 Objective: Explain the organization and basic functions of state prisons.

Level: Intermediate 3) Which type of correctional system is more common in the northeast than in other parts of the United States?

A) Prison farms B) Small prisons specializing in specific types of offenders C) Agricultural prisons D) Large industrial prisons Answer: D Page Ref: 260 Objective: Outline the development of the state prison system.

Level: Intermediate 4) Agricultural prisons began in A) the Midwest.

B) the southern states.

C) the western frontier.

D) the northeast.

Answer: B Page Ref: 260 Objective: Outline the development of the state prison system.

Level: Intermediate 318

5) Which of the following is not a reason why many states are abandoning the use of prison farms?

A) Farm organizations are complaining that the competition is unfair.

B) Inmates do not find farming experience useful after release.

C) State agencies are often unwilling to purchase food grown by inmates.

D) The mechanization of farming methods has made prison farms less profitable.

Answer: C Page Ref: 261 Objective: Outline the development of the state prison system.

Level: Intermediate 6) Realistically, offenders are assigned to programs based on A) criminal history reports.

B) personal interest.

C) rehabilitation potential.

D) institutional needs.

Answer: D Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Intermediate 7) Many times, reclassification decisions are based on perceptions of the individual's ability to A) handle the next-lowest security level.

B) conform to their treatment plan.

C) develop regular work habits.

D) meet all institutional needs.

Answer: A Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Intermediate 8) In 2005, the Supreme Court ruled that new inmates may not be segregated by ________ during the classification process.

A) gender B) race C) security level D) escape potential Answer: B Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Basic

319

9) Which group comprises the fastest-growing segment of the state prison population?

A) Caucasians B) African-Americans C) Hispanics D) Asians Answer: C Page Ref: 262 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Basic 10) More than half of state prison inmates are incarcerated for what type of crime?

A) Violent B) Drug C) Corporate D) Property Answer: A Page Ref: 263-264 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Basic 11) Which of the following was not a reason for the increase in the state prison population between 1980 and 2010?

A) The Great Recession B) The War on Drugs C) Increasing rates of parole revocation D) The War on Crime Answer: A Page Ref: 265 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Intermediate 12) Which type of correctional facility is most expensive to construct and operate?

A) A supermax prison B) A maximum-security prison C) A medium-security prison D) A minimum-security prison Answer: A Page Ref: 266 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Basic

320

13) Which of the following statements about male inmates incarcerated in state prisons is false?

A) They are more likely to have medical problems than non-incarcerated men.

B) More than half witnessed domestic abuse while children.

C) More than half were sexually abused while children.

D) More than half have male relatives who have been incarcerated.

Answer: C Page Ref: 266 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Intermediate 14) What Amendment to the U.S. Constitution prohibits cruel and unusual punishment?

A) 6th B) 7th C) 8th D) 9th Answer: C Page Ref: 268 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Basic 15) A consent decree gives a correctional institution permission to A) move a problematic inmate into solitary confinement.

B) continue operating until a problem has been fixed within a specific time frame.

C) allow inmates to participate in work-release programs.

D) transfer an inmate to another facility against the inmate's wish.

Answer: B Page Ref: 268 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 16) What law provides for the principal means of allowing inmate complaints into the federal court system?

A) International Declaration of Human Rights B) United Nations Convention against Torture C) Civil Rights Law of 1871 D) Civil Rights Law of 1964 Answer: C Page Ref: 268 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate

321

17) The explosion in correctional construction between 1987 and 2012 was in response to A) the deteriorating conditions of many prisons.

B) the need to relocate prisons away from expanding urban and suburban areas.

C) the development of new custody techniques.

D) problems of prison overcrowding.

Answer: D Page Ref: 268 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 18) The War on Drugs led to an increase in the number of which type of inmates?

A) Mentally ill individuals B) Terminally ill offenders C) Street gang members D) The elderly Answer: C Page Ref: 270 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Basic 19) A special housing unit, or SHU, houses A) offenders considered the worst of the worst.

B) offenders who are too mentally disabled to be incarcerated in the general population.

C) juveniles incarcerated in an adult facility.

D) terminally ill inmates.

Answer: A Page Ref: 270 Objective: Explain the organization and basic functions of state prisons.

Level: Intermediate 20) Which is an example of a security threat group?

A) A prison gang B) Armed corrections staff C) Prison psychologists responsible for inmate evaluation D) Juvenile offenders vulnerable to assault Answer: A Page Ref: 271 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Intermediate

322

21) In 1930, Congress created the A) Bureau of Prisons.

B) Office of General Counsel.

C) Office of Inspections.

D) U.S. Department of Justice.

Answer: A Page Ref: 271 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Intermediate 22) Which of the following did not contribute to the increase in federal inmates?

A) A reduction of the power of the federal parole board B) The War on Drugs C) Truth-in-sentencing laws D) Change in state sentencing laws Answer: D Page Ref: 272 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Intermediate 23) Male military offenders are housed at the A) Lackland Air Force Base in San Antonio, Texas.

B) Naval Consolidated Brig in San Diego, California.

C) U.S. Military Barracks at Fort Leavenworth, Kansas.

D) Homestead Air Reserve Base in Homestead, Florida.

Answer: C Page Ref: 273 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Intermediate 11.2 True-False 1) Adult male offenders comprise the vast majority of state prison inmates.

Answer: TRUE Page Ref: 258 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Basic 2) Many state prisons are modeled after the 19th-century concepts of the Auburn penitentiary.

Answer: TRUE Page Ref: 258 Objective: Outline the development of the state prison system.

Level: Basic

323

3) More inmates are housed in minimum security facilities than in any other type of prison.

Answer: FALSE Page Ref: 258 Objective: Explain the organization and basic functions of state prisons.

Level: Basic 4) The recent abatement in the growth of state prison populations is partly due to state budgetary pressures.

Answer: TRUE Page Ref: 259 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 5) The majority of correctional facilities in the United States are under the control of state agencies.

Answer: FALSE Page Ref: 259 Objective: Explain the organization and basic functions of state prisons.

Level: Basic 6) The early large industrial prisons were designed to take advantage of cheap prison labor.

Answer: TRUE Page Ref: 260 Objective: Outline the development of the state prison system.

Level: Intermediate 7) The industry permitted in large correctional institutions today is sufficient to provide full employment for the inmate population.

Answer: FALSE Page Ref: 260 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Basic 8) The lack of real-world application of farming skills has contributed to the decline in the use of prison farms.

Answer: TRUE Page Ref: 261 Objective: Outline the development of the state prison system.

Level: Intermediate 9) Some states do not have maximum security facilities but prefer to contract with another state to house their most serious offenders.

324

Answer: FALSE Page Ref: 261 Objective: Explain the classification and assignment process in state prisons.

Level: Intermediate 10) Once classified, an inmate remains at that level of custody throughout his term of incarceration.

Answer: FALSE Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Intermediate 11) An inmate's work assignment is based on institutional needs rather than individual inmate needs.

Answer: TRUE Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Basic 12) Recently, the Supreme Court permitted racial segregation of inmates on the grounds that it serves institutional interests and has legitimate correctional functions.

Answer: FALSE Page Ref: 262 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 13) African American males are incarcerated at a much higher rate than white males.

Answer: TRUE Page Ref: 262 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Basic 14) The Great Recession of 2007-2012 contributed to the expansion of the state prison population.

Answer: FALSE Page Ref: 262 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 15) When building a new prison, the lower the security level, the higher the cost per bed.

Answer: FALSE Page Ref: 265 Objective: Outline the development of the state prison system.

Level: Basic 325

16) Male inmates entering prison tend to have chronic physical conditions and mental health problems.

Answer: TRUE Page Ref: 266 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Intermediate 17) The courts have ordered states to release inmates from prison to deal with overcrowding problems.

Answer: TRUE Page Ref: 267 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 18) States have readily accepted court censure of their correctional facilities and practices, welcoming the establishment of clear and binding regulations.

Answer: FALSE Page Ref: 268 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 19) Supermax prisons were created to isolate gang members and other dangerous and violent offenders.

Answer: TRUE Page Ref: 270 Objective: Explain the organization and basic functions of state prisons.

Level: Basic 20) The federal correctional system is known as the Federal Bureau of Prisons.

Answer: TRUE Page Ref: 271 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Basic 21) The Bureau of Prisons relies on private-sector corrections to manage its most dangerous inmates.

Answer: FALSE Page Ref: 273 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Basic 22) Male military offenders are held in Fort Leavenworth.

Answer: TRUE 326

Page Ref: 273-274 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Basic

327

11.3 Fill in the Blank 1) More offenders are housed in ________ security prisons than in any other security level.

Answer: medium Page Ref: 258 Objective: Explain the organization and basic functions of state prisons.

Level: Intermediate 2) ________ prisons began in the southern states, using inmates to replace pre-Civil war slave labor.

Answer: Agricultural Page Ref: 260 Objective: Outline the development of the state prison system.

Level: Basic 3) Road prisons which allow inmates to perform labor outdoors, often outside the prison facility, are known as ________ camps.

Answer: work Page Ref: 261 Objective: Outline the development of the state prison system.

Level: Basic 4) The ________ classification determines the institution to which an inmate will be assigned.

Answer: initial Page Ref: 261 Objective: Explain the classification and assignment process in state prisons.

Level: Basic 5) The process by which offenders are assigned to types of custody and treatment programs is known as the ________ process.

Answer: classification Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Basic 6) Realistically, work assignments in prison tend to be made to conform to ________ needs.

Answer: institutional Page Ref: 262 Objective: Explain the classification and assignment process in state prisons.

Level: Intermediate 7) When constructing prisons, the ________ the security level, the less the cost per bed.

Answer: lower Page Ref: 266 328

Objective: Outline the development of the state prison system.

Level: Basic 8) A(n) ________ decree gives a state permission to continue operating correctional facilities until the problems identified have been fixed within a specific time frame.

Answer: consent Page Ref: 268 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Intermediate 9) A(n) ________ prison is designed for the secure control of dangerous, violent, and seriously disruptive prison inmates.

Answer: supermax Page Ref: 270 Objective: Explain the organization and basic functions of state prisons.

Level: Intermediate 10) The first supermax prison was ________.

Answer: Alcatraz Page Ref: 270 Objective: Outline the development of the state prison system.

Level: Intermediate 11) A prison gang is known as a security ________ group.

Answer: threat Page Ref: 271 Objective: Outline the development of the state prison system.

Level: Basic 12) In 1930, an act of Congress created the Federal ________ of Prisons.

Answer: Bureau Page Ref: 271 Objective: Explain the role and characteristics of the federal and military prison systems.

Level: Basic

329

11.4 Matching Match the type of prison industry in Column 1 to its description in Column 2.

A) Begun in the southern states using inmates to replace pre-Civil War slave labor B) Low-security facilities organized around outdoor labor C) Found in the northeast and designed to take advantage of inmates as a cheap labor force 1) Agricultural prison Page Ref: 260-261 Objective: Outline the development of the state prison system.

Level: Intermediate 2) Industrial prison Page Ref: 260-261 Objective: Outline the development of the state prison system.

Level: Intermediate 3) Work camps Page Ref: 260-261 Objective: Outline the development of the state prison system.

Level: Intermediate Answers: 1) A 2) C 3) B

330

11.5 Essay 1) Describe the various types of prison employment, why they were created, and the problems with each type.

Answer: Answers will vary but should discuss large industrial prisons, agricultural prisons, and work camps. They should discuss the reasons behind the design of each type of facility and address the lack of full employment for inmates, due to government restrictions on the types of industry permitted within prisons. Answers should also discuss the reasons for the decline of prison farms and the reasons for the recent move to work camps and similar forms of prisoner activity.

Page Ref: 260-261 Objective: Outline the development of the state prison system.

Level: Intermediate 2) Describe the classification process in state prisons.

Answer: Answers will vary but should define the classification process in general as well as the specific initial classification process which determines the institution to which an inmate will be assigned. The factors used to make classification decisions, such as offense category, escape potential, substance-abuse patterns, and prior experience with the criminal justice system should be reviewed and reclassification should be discussed.

Answers should also include a discussion of the tendency to make assignments based on institutional needs rather than inmate needs or preferences.

Page Ref: 261-262 Objective: Explain the classification and assignment process in state prisons.

Level: Difficult 3) Describe the various factors that contribute to the high cost of building state prisons.

Answer: Answers should address the high cost of materials needed for prison construction, due to the requirement that everything be "heavy duty." They should also address the need for costly apparatus such as locks, fire suppression systems, video security, and so on. Mention should also be made of the need to staff facilities 24/7 and to build prisons to withstand inmates' efforts to damage or destroy the facility. Answers should point out that the lower the security level, the less the cost per bed to construct prisons.

Page Ref: 265-266 Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Difficult

331

11.6 Critical Thinking 1) Imagine that you are responsible for devising and implementing a state prison's employment program and that, in stark contrast to the restrictions and constraints, budgetary and otherwise, faced by most prison administrators, you have been given broad freedom and adequate resources to establish said program. What would you do? What kinds of programs would you implement? Would you partner with other entities? What kind of evaluation or assessment process would you have?

Answer: Answers will vary but should describe types of prison employment programs (vocational, profit-producing, public-service provision) as well as an inmate classification procedure. Responses may include an explanation on how a balance can be struck between inmate preferences and goals and the needs of the institution, as well as the potential for partnering with other entities such as government agencies or private companies.

Page Ref: Throughout Objective: Explain the impact that politics, budgets and government policy have on corrections.

Level: Difficult 2) Given what you know about inmate populations, including the high levels of violence found in many facilities, and the restrictions and living conditions associated with Special Housing Units, or SHUs, do you think that SHUs are a good solution to the realities of life in state prisons today? Why or why not?

Answer: Answers will vary but should demonstrate an understanding of the types of prisoners housed in SHUs as well as the nature of the restrictions placed on the activities of such prisoners. Answers should demonstrate an understanding of the effects of these units, on individual inmates confined in them as well as on the prison as a whole, including levels of violence and disruption.

Page Ref: 270 Objective: Summarize the characteristics, trends, and issues of the adult prison population.

Level: Difficult

332

Corrections in America: An Introduction, 15e (Allen) Chapter 12 Private-Sector Systems 12.1 Multiple Choice 1) What is the main reason for the growth in the need for more community corrections?

A) Overcrowded jails and prisons B) Economic recession C) Lack of federal attention to crime D) Increased crime in suburban areas Answer: A Page Ref: 283 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 2) What is the main advantage of private service providers?

A) They are more cost effective.

B) They are more humane.

C) They can expand and contract quickly when needs change.

D) They are able to offer more rehabilitation services to inmates.

Answer: C Page Ref: 282 Objective: Identify the advantages that private-sector providers claim in meeting the needs of public state prisons.

Level: Intermediate 3) To protect themselves from liability, most government agencies, including prison systems, A) are self-insured.

B) are covered by external insurers.

C) are legally exempt from being the target of litigation.

D) are publicly insured.

Answer: A Page Ref: 283 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 4) Private sector involvement in corrections is most controversial in the area of A) providing food and medical care to public facilities.

B) providing training to public agencies and facilities.

C) managing high-security jails.

D) operating halfway houses and secure juvenile residential programs.

Answer: C Page Ref: 283 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 333

5) Prior to the 1930s, states could profit through private involvement in corrections by A) paying private companies to operate prisons.

B) leasing out prison populations to private bidders.

C) building factories inside prisons.

D) collaborating with free-world labor to increase production.

Answer: B Page Ref: 284 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 6) Prior to the 1930s, about what percentage of inmates died annually under contract arrangements?

A) 10 percent B) 25 percent C) 40 percent D) 50 percent Answer: D Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 7) ________ refers to the provision of correctional services by private-sector purveyors.

A) Cherry picking B) Contract leasing C) Privatization D) Rainmaker Answer: C Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 8) Which of the following is not an option for direct private-sector involvement in corrections that was created by the development of intermediate sanctions?

A) Treatment programs B) Technologies for surveillance C) Supervised release D) Supermax facilities Answer: D Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate

334

9) Which of the following is not a program philosophy on which private-sector treatment programs may be based?

A) Strict military-like discipline B) Religious beliefs C) Rainmaking D) Rugged individualism and self-reliance Answer: C Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 10) The most important segment in private for-profit corrections contractors is A) providing non-custodial treatment programs.

B) providing low-security custody programs.

C) using technologies for the surveillance of non-incarcerated offenders.

D) developing industrial activities within state-run facilities.

Answer: B Page Ref: 286 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 11) States particularly have come to rely on public contractors to provide low-security custodial facilities to house A) juveniles.

B) women.

C) non-dangerous recidivists.

D) first-time offenders.

Answer: A Page Ref: 286 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 12) In which of the following areas is private sector involvement increasing?

A) High-security facilities for juvenile offenders B) High-security facilities for adult offenders C) Community corrections D) Facilities for female offenders Answer: C Page Ref: 28 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate

335

13) The expanded use of cheap and reliable drug tests has contributed to an increase in A) the number of probation and parole violators.

B) the availability of cheap drugs.

C) the use of electronic monitoring.

D) the use of halfway houses.

Answer: A Page Ref: 287 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 14) Which of the following offenders would not be housed in a privately operated prison?

A) State inmates B) Inmates detained pre-trial C) Federal inmates D) Inmates for the U.S. Marshal's Service Answer: B Page Ref: 287 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 15) Wackenhut Correction is currently known as A) the GEO Group.

B) Corrections Corporation of America.

C) Management and Training Corporation.

D) U.S. Corrections Corporation.

Answer: A Page Ref: 288 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 16) In which decade did privatization of correctional facilities begin in the United States?

A) The 1960s B) The 1970s C) The 1980s D) The 1990s Answer: C Page Ref: 289 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic

336

17) Which of the following is not a claim made by private-sector providers?

A) Private-sector providers can do the same tasks at less cost to the state.

B) Private-sector providers are more effective than state providers.

C) Private-sector providers can reduce corruption.

D) Private-sector providers can service offenders at all levels of security.

Answer: C Page Ref: 290-291 Objective: Identify the advantages that private-sector providers claim in meeting the needs of public state prisons.

Level: Intermediate 18) A ________ is a powerful politician within a government jurisdiction that has enough influence to secure the approval of a private-sector proposal.

A) hot-button B) rainmaker C) gatekeeper D) cherry-picker Answer: B Page Ref: 291 Objective: Compare and contrast gatekeepers and rainmakers.

Level: Basic 19) Guaranteed occupancy contracts with private sector providers may lead to A) private-sector providers being forced to accept all inmates regardless of their ability to provide appropriate services.

B) increased levels of violence in private-sector facilities when compared to state-run facilities.

C) the government paying for empty beds if the crime rate or detention rate drops.

D) reduce staff turnover in private-sector prisons.

Answer: C Page Ref: 292 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 20) Which of the following is not a controversy surrounding private-sector prison providers?

A) Private-sector prisons have extremely high staff turnover rates.

B) Private-sector prisons cut costs by cutting rehabilitation programs.

C) Private-sector prisons encourage public-sector corruption through kickbacks.

D) Private-sector prisons cannot safely service maximum-security offenders.

Answer: D Page Ref: 293-295 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate

337

21) In which area do public-sector facilities outperform private prisons?

A) Providing secure custody B) Providing effective rehabilitation programming C) Serving illegal immigrants D) Managing low-security custodial facilities Answer: B Page Ref: 293 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 22) Which of the following is considered a "hot-button" item for both adult and juvenile inmates?

A) Food B) Recreational programming C) Religious services D) Contraband Answer: A Page Ref: 294 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Basic 23) A ________ is a criminal justice professional who determines access to services, detention, or confinement facilities.

A) hot-button B) rainmaker C) gatekeeper D) cherry-picker Answer: C Page Ref: 294 Objective: Compare and contrast gatekeepers and rainmakers.

Level: Basic 12.2 True-False 1) Private-sector involvement in corrections is a new concept in the United States.

Answer: FALSE Page Ref: 282 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 2) Private-sector involvement in community corrections is increasing.

Answer: TRUE Page Ref: 282 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate

338

3) Private-sector providers can more easily adapt to changing needs than public correctional facilities.

Answer: TRUE Page Ref: 283 Objective: Identify the advantages that private-sector providers claim in meeting the needs of public state prisons.

Level: Intermediate 4) Prior to the Civil War, it was cheaper for contractors to lease inmates than to use slaves.

Answer: TRUE Page Ref: 284 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 5) The operation of secure correctional facilities provides the greatest area of potential growth opportunity for private contractors.

Answer: FALSE Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 6) Of those offenders handled by private-sector programs, more are participating in noncustodial programs than are housed in privately managed secure prisons or jails.

Answer: TRUE Page Ref: 285-286 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 7) Currently, the most important segment in the business of for-profit private corrections is the development of medium- and high-security custody programs.

Answer: FALSE Page Ref: 286 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 8) The juvenile justice system is particularly reliant on private contractors to provide lowsecurity custodial facilities.

Answer: TRUE Page Ref: 286 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic

339

9) The growth of private-sector involvement in community corrections has produced a net-widening effect.

Answer: TRUE Page Ref: 287 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 10) Maximum-security facilities have not yet been privatized.

Answer: FALSE Page Ref: 289 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 11) Private sector providers claim they can service offenders at all security levels.

Answer: TRUE Page Ref: 290 Objective: Identify the advantages that private-sector providers claim in meeting the needs of public state prisons.

Level: Basic 12) Most cost studies have found that private prison providers have produced costsavings for those jurisdictions contracting with them.

Answer: FALSE Page Ref: 291 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 13) Guaranteed occupancy can penalize the public jurisdiction if the crime rate decreases.

Answer: TRUE Page Ref: 292 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 14) State-run prisons tend to have lower rates of staff turnover than private facilities.

Answer: TRUE Page Ref: 293 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Basic 15) Private-sector institutions have lower rates of recidivism than public-sector facilities.

Answer: FALSE Page Ref: 293-294 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate

340

16) Cutting back on food service and quality can lead to major disturbances in correctional facilities.

Answer: TRUE Page Ref: 294 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Basic 17) Gatekeepers are powerful politicians within a government jurisdiction that have enough influence to secure the approval of a private-sector proposal.

Answer: FALSE Page Ref: 294 Objective: Compare and contrast gatekeepers and rainmakers.

Level: Basic 18) The use of kickbacks is an example of corruption.

Answer: TRUE Page Ref: 295 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Basic 12.3 Fill in the Blank 1) Prior to the 1930s, states made a profit by ________ inmates to private contractors.

Answer: leasing Page Ref: 284 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 2) The ________ conditions in which inmates were kept by private contractors prior to the 1930s led to high rates of inmate deaths.

Answer: chain-gang Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 3) ________ involves the provision of correctional services by private-sector purveyors.

Answer: Privatization Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 4) One of the main potential growth areas of private contractors involves technologies for ________ of non-incarcerated offenders.

Answer: surveillance Page Ref: 285 Objective: Describe the history of private-sector involvement in corrections.

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Level: Intermediate 5) An important recent development in corrections has been the growth of ________security custodial facilities.

Answer: low Page Ref: 286 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 6) The ________ justice system has particularly come to rely on private contractors to provide low-security custodial facilities.

Answer: juvenile Page Ref: 286 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 7) The expansion of services provided by private-sector involvement has led to a(n) ________ effect by reaching clients that normally would not have been served.

Answer: net-widening Page Ref: 287 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 8) Privatization efforts cast the ________ as the entity that establishes public priorities.

Answer: government Page Ref: 289 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 9) The first state-level contract for a secure facility was awarded to the ________ Corporation of America.

Answer: Corrections Page Ref: 289 Objective: Describe the history of private-sector involvement in corrections.

Level: Basic 10) ________ are powerful politicians that have enough influence to secure the approval of private-sector company contracts.

Answer: Rainmakers Page Ref: 291 Objective: Compare and contrast gatekeepers and rainmakers.

Level: Basic 11) Private corporations have contracted with Immigration and Customs Enforcement (ICE) to detain ________ immigrants.

Answer: illegal Page Ref: 291 342

Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 12) Guaranteed occupancy has been compared to a(n) ________ tax for the state.

Answer: low-crime Page Ref: 292 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 13) Research suggests that ________ is best achieved in public-sector rather than private institutions.

Answer: rehabilitation Page Ref: 293 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 14) Evaluations of rehabilitation have found higher levels of recidivism among inmates in ________-sector facilities.

Answer: private Page Ref: 293-294 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Intermediate 15) A key hot-button item for most inmates is ________.

Answer: food Page Ref: 294 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Basic 16) Giving a judge a kickback in exchange for sentencing inmates to a particular privatesector program or facility is a form of ________.

Answer: corruption Page Ref: 295 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Basic

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12.4 Matching Match the term in Column 1 with its meaning in Column 2.

A) Compelling inmates to obey correctional managers and their staff B) Allowing private contractors to pay a flat fee to use inmates as laborers C) A criminal justice professional who determines access to services or facilities D) A politician with enough influence to secure the approval of a private-sector proposal E) Allowing the private sector to provide services 1) Slaves of the master Page Ref: Throughout Objective: Multiple Level: Intermediate 2) Convict leasing Page Ref: Throughout Objective: Multiple Level: Intermediate 3) Privatization Page Ref: Throughout Objective: Multiple Level: Intermediate 4) Rainmaker Page Ref: Throughout Objective: Multiple Level: Intermediate 5) Gatekeeper Page Ref: Throughout Objective: Multiple Level: Intermediate Answers: 1) A 2) B 3) E 4) D 5) C

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12.5 Essay 1) What is the main advantage of private service providers and why is this important?

Answer: The main advantage of private service providers is their ability to expand and contract quickly with changing needs. Answer will vary but should discuss government obligations to continue to staff and operate programs or facilities even if it is not costeffective, and the ability of private-sector providers to modify facilities, provide staff on a contract basis, use existing resources for professional services, and close unneeded facilities.

Page Ref: 283 Objective: Identify the advantages that private-sector providers claim in meeting the needs of public state prisons.

Level: Basic 2) The juvenile justice system in particular has come to rely on private contractors to provide low-security custodial facilities. What impact has this had on juvenile justice?

Answer: Answers will vary but should stress that private custodial placements are more efficient versions of state-run programs and that they provide an intermediate level of sanctioning. These programs have diverted some juveniles and provided services to others who would otherwise have been placed in secure public institutions, and also target groups that would not have been placed in custody at all.

Page Ref: 286-287 Objective: Describe the history of private-sector involvement in corrections.

Level: Difficult 3) What are the main arguments in favor of using private-sector providers of correctional services?

Answer: Answers should include the six main assertions made by most providers: • Private-sector providers state that they can perform the same services as would be provided by state prisons.

• They state that they can do the same tasks at less cost to the state.

• Such providers state that they would be more effective in the prison services than are state providers of prisons, jails, and juvenile facilities.

• Private providers report that they can service offenders from all levels of security assessment, including maximum-security prisons.

• They report that they would enhance employment and resources for citizens in the local economy as well as the state.

• Private-sector prison providers report that they can provide physical facilities cheaper and faster by seeking involvement of the private sector in gathering resources for the construction of facilities.

Page Ref: 290-291 Objective: Identify the advantages that private-sector providers claim in meeting the needs of public state prisons.

Level: Intermediate

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4) What problems do high-staff turnover create for private-sector facilities?

Answer: High turnover means that new hires may receive only minimal pre-service training before being placed in staff positions. It also implies minimum industry memory of past events and minimum effort to improve the rates of successful intervention and supervision. New hires rarely know critical supervision tactics. Additionally, a high rate of new hires implies that there may not be enough staff to fill all critical posts 24/7, so that staff may be asked to hold over for additional tours of duty. Tired staff may not intervene when necessary, may ignore clues suggesting pending altercations, or may refuse to reenter a facility where inmates are rioting. This also implies more violent altercations between inmates, property destruction, and loss of life.

Page Ref: 293 Objective: Identify five controversies surrounding private-sector prison providers.

Level: Difficult 12.6 Critical Thinking 1) Historically, from 1870-1930 many inmates were contracted as laborers. The suffering of inmates under "chain gang" treatment has been well documented and is common knowledge. Discuss how these events, and the residual feelings and sentiments about convict leasing affects the arguments about privatization of corrections.

Answer: Answers will vary but should discuss the link between privatization and economics in the prison system, and the question of whether inmate treatment under privatization today is appropriate.

Page Ref: 284-285 Objective: Describe the history of private-sector involvement in corrections.

Level: Intermediate 2) You are a high-level correctional administrator in your state's department of corrections. The governor of your state has called a meeting with you and other correctional administrators to discuss contracting out some of your state-run prisons to the private-sector. You are asked to give your educated and professional opinion on the matter. What do you tell the governor, and what evidence do you use to back up your opinion?

Answer: Answers will vary and should include both a statement of opinion and reasons in support of that opinion. Students should know the advantages and controversies surrounding private-sector prison providers.

Page Ref: 290-295 Objective: Multiple Level: Intermediate

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Corrections in America: An Introduction, 15e (Allen) Chapter 13 The Death Penalty 13.1 Multiple Choice 1) Which of the following crimes is not among those for which the death penalty most commonly has been imposed?

A) Murder B) Treason C) Hijacking D) Rape Answer: C Page Ref: 302 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Intermediate 2) Currently, which of the following is the most frequently used method of execution in the United States?

A) Gas chamber B) Lethal injection C) Electrocution D) Firing squad Answer: B Page Ref: 302 Objective: Describe forms of execution.

Level: Intermediate 3) Historically, where did executions in the United States most often occur?

A) On public display B) In a private chamber C) Inside the prison D) At the sentencing location Answer: A Page Ref: 302 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 4) Currently, how many states have abolished the death penalty?

A) 10 B) 14 C) 19 D) 22 Answer: C Page Ref: 302 347

Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Intermediate 5) A(n) ________ crime is a crime for which an offender can receive the death penalty.

A) life certain B) death penalty C) executable D) capital Answer: D Page Ref: 304 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 6) Which state in the United States has executed the most offenders?

A) Virginia B) Texas C) Oklahoma D) Florida Answer: B Page Ref: 304 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Intermediate 7) In which case did the U.S. Supreme Court impose a moratorium on the death penalty in the United States?

A) Wilkerson v. Utah B) Atkins v. Virginia C) Gregg v. Georgia D) Furman v. Georgia Answer: D Page Ref: 305 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Basic 8) Court rulings against the use of capital punishment generally involve which U.S. Constitutional Amendment?

A) First B) Fourth C) Eighth D) Tenth Answer: C Page Ref: 306 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital 348

punishment and the list of offenders who cannot be executed.

Level: Basic

349

9) In the case of Gregg v. Georgia, the Supreme Court A) mandated a bifurcated trial in capital cases.

B) approved the mandatory imposition of the death penalty in cases of aggravated murder.

C) rejected the imposition of the death penalty for the crime of rape.

D) held that the death penalty was cruel and unusual punishment.

Answer: A Page Ref: 306 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 10) The Supreme Court's ruling in Furman v. Georgia revolved around A) the inhumane methods used to execute offenders in Georgia at that time.

B) the arbitrary imposition of the death penalty that resulted in discrimination against minorities.

C) the excessive nature of the death penalty for the crime of simple murder.

D) the unconstitutionality of executing mentally retarded defendants.

Answer: B Page Ref: 300, 302 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 11) The 1910 case of Weems v. United States was unique in what way?

A) It was the first time the Supreme Court invalidated an excessive penalty.

B) It was the only time the Supreme Court held that no penalty is excessive, if evenly applied.

C) It was the first time the Supreme Court defined excessive punishment.

D) It was the only time the Supreme Court defined grounds for execution.

Answer: A Page Ref: 307 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 12) In the case of Atkins v. Virginia, the Supreme Court held that A) it is unconstitutional to impose a death sentence on juveniles.

B) the infliction of unnecessary pain during execution is unconstitutional.

C) it is unconstitutional to execute mentally retarded defendants.

D) electrocution as a method of execution is not unconstitutional.

Answer: C Page Ref: 308 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 350

13) The prosecutor's gatekeeper function implies that A) if the prosecutor declines to seek the death penalty, the jury may still impose this penalty.

B) if the prosecutor declines to seek the death penalty, the jury may not impose this penalty.

C) if the jury imposes the death penalty, the prosecutor may appeal the jury's decision.

D) if the jury imposes the death penalty, the prosecutor may not appeal the jury's decision.

Answer: B Page Ref: 309 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Intermediate 14) What role does race play in the application of the death penalty in the United States?

A) Race is not a factor in death penalty decision making.

B) Race is a formally recognized factor in the death penalty decision-making process.

C) The race of the victim appears to influence the decision to seek a death sentence.

D) The race of the offender does not appear to affect the likelihood of being charged with a death-eligible crime.

Answer: C Page Ref: 308-309 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Intermediate 15) Because the South has the highest murder rate and also the most executions, while the Northeast has the lowest murder rate and accounts for the fewest executions, you could argue that A) the death penalty clearly has a deterrent effect on potential offenders.

B) the death penalty does not appear to have a deterrent effect.

C) public support for the death penalty is greater in the South.

D) the execution process in the South is less humane than in the Northeast.

Answer: B Page Ref: 309 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 16) Which of the following is a legitimate explanation for the fact that women are less likely to receive a death sentence than men?

A) Juries are less willing to sentence female offenders to death.

B) A female offender is more likely to be a juvenile when she commits a murder.

C) Women are more likely to kill strangers, rather than friends or family members.

D) Homicides by women are less likely to involve the specific circumstances that increase the likelihood of a death sentence.

Answer: D Page Ref: 313 351

Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 17) Which of the following is not a retentionist position on the death penalty?

A) Societal protection B) Just deserts C) Social duty D) Revenge Answer: C Page Ref: 313 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Basic 18) Which of the following justifications for the death penalty argues that victims are entitled to "closure"?

A) Societal protection B) Revenge C) Just deserts D) Social duty Answer: B Page Ref: 313 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 19) Which of the following is not a common characteristic of inmates on death row?

A) They generally are academically deficient.

B) They tend to suffer from psychological disorders.

C) They are more likely to be white males.

D) They tend to be more violent in prison.

Answer: D Page Ref: 315-316 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Intermediate 20) Which of the following statements regarding the cost of the death penalty is true?

A) Invoking the death penalty costs the state less than sentencing the offender to life without parole.

B) Invoking the death penalty costs the state more than sentencing the offender to life without parole.

C) The cost of invoking the death penalty is about the same sentencing the offender to life without parole.

D) There is no clear information regarding the comparative costs of the death penalty and a sentence of life imprisonment without parole.

Answer: B 352

Page Ref: 317-318 Objective: Compare and contrast the costs of the death penalty and a sentence of life without parole.

Level: Basic 21) As of 2016, approximately how many prisoners are currently on death row in the United States?

A) 500 B) 1,000 C) 3,000 D) 10,000 Answer: C Page Ref: 318 Objective: Compare and contrast the costs of the death penalty and a sentence of life without parole.

Level: Basic 13.2 True-False 1) The federal government has abolished capital punishment.

Answer: FALSE Page Ref: 302 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 2) Lethal injection is the most frequently used technique of execution.

Answer: TRUE Page Ref: 302 Objective: Describe forms of execution.

Level: Basic 3) In Furman v. Georgia, the Supreme Court lifted the moratorium on the death penalty in the United States.

Answer: FALSE Page Ref: 305 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Basic 4) In the 1890 case In re Kemmler, the Supreme Court held that the electric chair represented cruel and unusual punishment.

Answer: FALSE Page Ref: 307 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 353

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5) The race of the victim as been shown to affect the prosecutor's decision to seek the death penalty.

Answer: TRUE Page Ref: 308 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Intermediate 6) Recent decisions suggest that the Supreme Court favors expanding the use of the death penalty.

Answer: FALSE Page Ref: 308 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 7) If the prosecutor chooses not to seek the death penalty, the jury cannot impose it.

Answer: TRUE Page Ref: 308 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Basic 8) The Northeast has the lowest murder rate in the United States and accounts for the lowest percentage of executions.

Answer: TRUE Page Ref: 309 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Basic 9) Public support for the death penalty is greater than for life imprisonment without parole.

Answer: FALSE Page Ref: 310 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 10) Compared to men, women are more likely to be dropped out of the system as the capital punishment process progresses.

Answer: TRUE Page Ref: 312-313 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate

355

11) The U.S. Supreme Court has ruled that the execution of offenders who were under 18 at the time of the crime is unconstitutional.

Answer: TRUE Page Ref: 313 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 12) The most recent Supreme Court ruling on mentally challenged offenders upheld the constitutionality of executing offenders with intellectual disabilities, but permitted mental retardation to be considered as a mitigating factor during sentencing.

Answer: FALSE Page Ref: 315 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 13) The just deserts argument justifies capital punishment by arguing that executed offenders cannot commit additional crimes.

Answer: FALSE Page Ref: 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Basic 14) Blacks who kill white victims are more likely to be sentenced to death than whites who kill black victims.

Answer: TRUE Page Ref: 315 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Basic 15) If tried in U.S. courts, military detainees held at Guantanamo Bay could potentially receive the death penalty.

Answer: TRUE Page Ref: 316 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 16) Imprisoning offenders for life without parole is cheaper than invoking the death penalty.

Answer: TRUE Page Ref: 317 Objective: Compare and contrast the costs of the death penalty and a sentence of life without parole.

Level: Basic 356

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13.3 Fill in the Blank 1) The imposition of a sentence of death by the state is known as ________ punishment.

Answer: capital Page Ref: 302 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 2) A(n) ________ is the killing of a convicted offender by the government.

Answer: execution Page Ref: 302 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 3) The execution technique most frequently used today is ________ injection.

Answer: lethal Page Ref: 302 Objective: Describe forms of execution.

Level: Basic 4) In the 1977 case of ________ v. Georgia, the Supreme Court ended the moratorium on the death penalty.

Answer: Gregg Page Ref: 303-304 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 5) A(n) ________ crime is one for which an offender can receive the death penalty.

Answer: capital Page Ref: 304 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Basic 6) In the case of Furman v. Georgia, the Court focused on the ________ and discriminatory nature of the death penalty.

Answer: arbitrary Page Ref: 305 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate

358

7) An offender who has the intent to kill prior to committing the crime is said to have ________ aforethought.

Answer: malice Page Ref: 306 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Intermediate 8) Arguments regarding the constitutionality of the death penalty generally focus on the "cruel and unusual punishment" ban found in the ________ Amendment.

Answer: Eighth Page Ref: 306 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Basic 9) Because they control the jury's ability to impose the death penalty, prosecutors have a(n) ________ function in the judicial system.

Answer: gatekeeper Page Ref: 308-309 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Intermediate 10) The question of ________ revolves around whether capital punishment is being applied evenhandedly across a jurisdiction.

Answer: equitability Page Ref: 311 Objective: Outline the history of the death penalty in the nation and legal provisions for it.

Level: Intermediate 11) The Supreme Court has held that the Constitution forbids the execution of offenders who were under the age of ________ at the time the crime was committed.

Answer: 18 Page Ref: 313 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 12) A person advocating ________ as a justification for capital punishment emphasizes the need to seek retribution for a prior harm or wrongdoing.

Answer: revenge Page Ref: 313 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 359

13) The societal ________ argument justifies capital punishment by claiming that executing offenders prevents them from committing another crime and harming others.

Answer: societal Page Ref: 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 14) The mad ________ argument put for by retentionists claims that that some killers on death row must be executed because they would continue to kill other victims.

Answer: dog Page Ref: 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 15) It costs ________ to invoke the death penalty than to incarcerate an offender in prison for life.

Answer: more Page Ref: 317-318 Objective: Compare and contrast the costs of the death penalty and a sentence of life without parole.

Level: Basic

360

13.4 Matching Match the following retentionist argument in Column 1 with its meaning in Column 2.

A) Execution provides victims, survivors, and the state with closure B) Offenders should receive severe punishment because of the nature of the crime committed C) Capital punishment reduces the crime rate D) Once executed, an offender cannot commit another crime E) Some offenders will continue to kill if they are not executed and are eventually released 1) Revenge Page Ref: 313, 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 2) Deterrence Page Ref: 313, 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 3) Just deserts Page Ref: 313, 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 4) Societal protection Page Ref: 313, 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate 5) "Mad dog" Page Ref: 313, 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Intermediate Answers: 1) A 2) C 3) B 4) D 5) E

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Match the Supreme Court case in Column 1 with its decision in Column 2.

A) Found that electrocution was not unconstitutional just because it was unusual B) Ended the moratorium on the death penalty and mandated a bifurcated trial C) Examined contemporary thought on the issue of cruelty D) Struck down the use of the death penalty for defendants with mental retardation E) Struck down the use of the death penalty for juveniles F) The first time the Court invalidated a penalty because it was found to be excessive G) Imposed a moratorium on the death penalty throughout the United States 6) Furman v. Georgia Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 7) Gregg v. Georgia Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 8) Atkins v. Virginia Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 9) Wilkerson v. Utah Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 10) In re Kemmler Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate 11) Weems v. U.S. Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate

362

12) Roper v. Simmons Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate Answers: 6) G 7) B 8) D 9) C 10) A 11) F 12) E 13.5 Essay 1) Explain how the race of the victim affects the offender's risk of receiving a death sentence.

Answer: Answers should discuss the research evidence that suggests that the race of the victim affects the prosecutor's decision to seek a capital sentence. Black offenders appear to be more likely to be charged with a death-eligible crime if they killed a white victim than if the victim was black. Over 80% of the murder victims whose cases resulted in an execution were white, although only about 50% of murder victims nationwide were white. Conversely, far fewer white males are on death row for killing black victims.

Overall, it appears that the victim's race is important in the sentencing decisions made by prosecutors and juries.

Page Ref: 308-309, 315-316 Objective: Explain how prosecutorial discretion impacts the death penalty.

Level: Difficult 2) Explain the Supreme Court cases of Furman v. Georgia and Gregg v. Georgia and the impact they had on capital punishment in the United States.

Answer: Answers should review both cases. In Furman, the Court found that the death penalty in Georgia did not provide any guidance to the sentencing body so that there was complete discretion in sentencing. As a result, the Court found that the death penalty was imposed in an extremely arbitrary manner, resulting in discrimination against minority offenders. The Court imposed a moratorium on the death penalty throughout the United States, while states considered new legislation that would meet strict constitutional guidelines. Four years later, in Gregg, the Court lifted the moratorium and mandated a bifurcated trial in capital cases; the first part to determine the guilt or innocence of the accused and the second to determine the appropriate penalty.

Page Ref: 304-308 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Intermediate

363

3) What is cruel and unusual punishment? What are the major issues associated with the prohibition of cruel and unusual punishment, as articulated in the Eighth Amendment?

Answer: Answer should address the legal definitions and applications of cruel and unusual punishment, as articulated in the Eighth Amendment and relevant case law (including Gregg v. Georgia). Generally, cruel and unusual punishment is defined as that which is considered unacceptable due to the infliction of unnecessary suffering, humiliation, or pain. Cruel and unusual punishment is at issue in a number of Supreme Court cases, and while case law continually refines legal understandings of what constitutes cruel and unusual punishment, the Eighth Amendment conclusively bans the application of this type of punishment by federal, state, and local governments. As such, cruel and unusual punishment is unconstitutional (and therefore illegal) by definition.

That said, differing legal minds maintain distinct understandings regarding what constitutes cruel and unusual punishment. For example, dissenting Supreme Court justices have identified capital punishment as cruel and unusual by definition; the Supreme Court has upheld the constitutionality of this type of punishment.

Page Ref: 306-308 Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Difficult 4) Provide a rational argument in favor of retaining the death penalty. Identify at least three reasons why the death penalty should be retained.

Answer: Answers will vary but should address such issues as revenge and retribution; the need for closure for victims, survivors, and the state; just deserts; public safety and the protection of society; the potential for deterrence; social duty, and the dangers inherent in allowing these offenders to re-enter society.

Page Ref: 313, 316 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Difficult 5) Provide a rational argument in favor of the elimination of the death penalty. Identify at least three reasons why the death penalty should be abolished.

Answer: Answers will vary but should address issues such as the question of the deterrent effect of the death penalty; the irreversibility of the death penalty, including the potential for exoneration and the risk of executing an innocent person; the cost of a death sentence compared to life without parole; ethnical issues inherent in sentencing someone to death; the question of equitability and the possibility of discrimination in sentencing.

Page Ref: Throughout Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Difficult

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13.6 Critical Thinking 1) The Supreme Court has held that it is unconstitutional to execute certain categories of individuals (such as those whose crimes were committed as juveniles or who are or intellectually disabled). Do you agree with the Supreme Court's limitations or should everyone be death-sentence eligible? Are there any other categories of people that also should be exempted from the death penalty, and if so, which ones? Explain and justify your answer.

Answer: Answers will vary but should include the student's opinion regarding the limitations placed on the use of the death penalty, a discussion of whether any other groups should receive similar consideration (and which), and arguments to support why members of specific groups should or should not be eligible for a death sentence.

Page Ref: Throughout Objective: Describe the effects of decisions of the U.S. Supreme Court on capital punishment and the list of offenders who cannot be executed.

Level: Difficult 2) Deterrence is commonly cited as a justification for the death penalty. Do you agree with this? Why or why not? Can you think of additional ways to address the issue of violent offender recidivism, especially in cases of violent crime that do not require the death penalty? Are these alternatives similarly suitable? Why or why not?

Answer: Answers will vary but should discuss the research into the effectiveness of capital punishment as a deterrent. Statistics showing that those regions of the United States where there are fewer executions also have lower murder rates suggest that the death penalty does not necessarily act as a deterrent. Additional ways to deter violent crimes include life sentences, prison-based rehabilitation, and therapy where appropriate.

Page Ref: 309-311 Objective: Compare and contrast the abolitionists and retentionists positions on the death penalty.

Level: Difficult

365

Corrections in America: An Introduction, 15e (Allen) Chapter 14 Parole and Reentry 14.1 Multiple Choice 1) Which of the following statements most accurately reflects the purpose of parole?

A) To reduce the expenses related to incarceration and corrections B) To offer a means of choosing alternatives to incarceration C) To improve public safety by reducing the incidence and impact of crime committed by parolees D) To provide educational and occupational services to released offenders Answer: C Page Ref: 330 Objective: Outline the history of parole.

Level: Intermediate 2) Currently, how many states do not have a system of parole supervision for released offenders?

A) 2 B) 4 C) 10 D) 16 Answer: A Page Ref: 330 Objective: Outline the history of parole.

Level: Basic 3) The principal forerunner of parole is A) probation.

B) reprieve.

C) transportation.

D) commutation.

Answer: C Page Ref: 331 Objective: Outline the history of parole.

Level: Intermediate 4) The Irish system improved upon the ________ system developed by Alexander Maconochie.

A) ticket of leave B) reentry C) commutation D) mandatory release Answer: A Page Ref: 332 Objective: Outline the history of parole.

366

Level: Intermediate

367

5) The ________ movement requires inmates to serve a significant portion of their sentences before they are eligible to be considered for release.

A) ticket of leave B) truth in sentencing C) reintegration D) amnesty Answer: B Page Ref: 333 Objective: Outline the history of parole.

Level: Basic 6) Which of the following statements best describes discretionary release?

A) An offender is released on parole with supervision prior to the expiration of his sentence.

B) An offender is released after being given a pardon by the governor.

C) An offender is released prior to the expiration of his sentence because release is required by statute.

D) An offender is released without conditions or supervision because his sentence has expired.

Answer: A Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate 7) Commutation involves A) release after serving one's entire sentence.

B) receiving a full pardon from the governor.

C) conditional discretionary release.

D) shortening a sentence by executive order.

Answer: D Page Ref: 334 Objective: Outline the history of parole.

Level: Basic 8) For an offender to be released on parole, the first step involves A) the preparation of a parole agreement.

B) being recommended for parole.

C) a parole board hearing.

D) transfer to a halfway house in preparation for conditional release.

Answer: B Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate

368

9) Which of the following is not one of the basic functions of parole?

A) Establishing conditions of supervision B) Discharging parolees when appropriate C) Sentencing offenders to a term on parole D) Returning parolees to prison if parole conditions are violated Answer: C Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 10) Which branch of government is responsible for the administration of parole?

A) Executive B) Judicial C) Legislative D) No individual branch is responsible.

Answer: A Page Ref: 327 Objective: Explain how parole is granted and the role of the parole board.

Level: Basic 11) Why do states that have abolished parole release still operate parole boards?

A) Because board members were appointed by the governor and must complete their assigned terms of office B) Because offenders sentenced under previous sentencing laws may still be eligible for parole C) Because they are independent boards and cannot be disbanded by the state D) They don't — those states that have abolished parole release no longer operate parole boards.

Answer: B Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 12) Which of the following statements best reflects the U.S. Supreme Court's position on parole?

A) Parole is a right, and the full range of due process rights must be afforded at parolegranting hearings.

B) Parole is a privilege, and the full range of due process rights are not required at parolegranting hearings.

C) Parole may be granted at the sole discretion of a warden, and due process rights do not play a role in this decision.

D) Parole may be granted at the discretion of the issuing judge, and due process rights may be taken into account in his or her decision.

Answer: B Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 369

370

13) What role do victims typically play in parole board hearings in the United States?

A) Victims are permitted to conduct parole board hearings upon prior request.

B) Victims are permitted to submit written commentary and attend parole board hearings.

C) Victims are permitted to serve as advisors at parole board hearings.

D) None — victims are typically excluded from parole board hearings and are not permitted to participate in any way.

Answer: B Page Ref: 336 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 14) What is the impact of good-time and earned-time credits on an inmate's anticipated parole eligibility?

A) They can reduce prison sentence length, hastening parole eligibility.

B) They can increase the length of the prison sentence, delaying parole eligibility.

C) They may reduce or increase the wait time for parole eligibility.

D) They have no impact on parole eligibility.

Answer: A Page Ref: 337 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 15) Which of the following is not an argument in favor of developing parole guidelines?

A) They allow offenders to know up front how long the sentence is and what must be done to shorten it.

B) They reduce the arbitrary and capricious nature of the parole release decision-making process.

C) They reduce the anxiety and hostility of the on-the-spot decision-making process.

D) They eliminate parole board discretion in decision making.

Answer: D Page Ref: 337 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 16) The parole ________ is the contract that includes the conditions imposed by the paroling authority and the offender's acceptance of these conditions.

A) revocation B) hearing C) agreement D) violation Answer: C Page Ref: 337 Objective: Explain how parole is granted and the role of the parole board.

Level: Basic

371

17) Which of the following is not a task of the parole officer?

A) To encourage parolees in the reentry process B) To determine the length of a parolee's term of parole C) To intervene if the parolee is in danger of backsliding D) To locate community resources for parolees Answer: B Page Ref: 337-339 Objective: Summarize the role of parole officers.

Level: Basic 18) Which is the most common reason for parole failure among offenders in the United States?

A) Absconding B) Revocation C) New sentence D) Other failure Answer: B Page Ref: 339 Objective: Summarize the role of parole officers.

Level: Intermediate 19) A ________ pardon restores an offender's civil rights but does not obliterate the conviction.

A) conditional B) full C) clemency D) restorative Answer: A Page Ref: 340 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 20) The process by which offenders come back into the community is being described as A) commutation.

B) maxing out.

C) flopping.

D) reentry.

Answer: D Page Ref: 341 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic

372

21) Which of the following is not a major reentry issue for parolees?

A) Employment continuance issues B) Culture shock due to inflation and technology shifts C) Difficulty in getting parole release approved D) Lack of medical insurance Answer: C Page Ref: 342 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 22) One of the earliest programs for releasing prisoners prior to the expiration of their full sentences was A) reentry court.

B) work release.

C) the halfway house.

D) the furlough.

Answer: B Page Ref: 343 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 23) Although furloughs have many benefits, one roadblock to expanding furlough programs is A) the lack of research supporting the effectiveness of furloughs.

B) a small number of highly publicized and sensational failures.

C) the lack of legislation legalizing the use of furloughs as a correctional tool.

D) the lack of a reintegration element.

Answer: B Page Ref: 344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 24) Providing treatment services in the Returning Home-Ohio program had what impact on participants?

A) It led to reductions in recidivism among participants.

B) It led to increased rates of recidivism among participants.

C) It led to increased rates of recidivism among non-participants who were resentful at being excluded from the program.

D) It had no measurable impact on participants.

Answer: A Page Ref: 346 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 373

25) Which of the following is not a responsibility generally assigned to reentry courts?

A) Monitor offender compliance with program requirements.

B) Apply graduated sanctions to noncompliant offenders.

C) Determine the offender's release date from prison.

D) Review the offender's reentry progress and problems.

Answer: C Page Ref: 347 Objective: Explain reentry courts.

Level: Intermediate 26) Research into the effectiveness of reentry courts has found A) participants are more likely to successfully complete parole and not recidivate.

B) an increased rate of recidivism and reconviction among participants.

C) participants are less likely to be convicted but more likely to have parole revoked.

D) a reduced rate of drug use among participants.

Answer: C Page Ref: 347 Objective: Explain reentry courts.

Level: Intermediate 27) The ultimate indicator of the effectiveness of parole is usually considered to be A) rate of substance abuse among parolees.

B) the rate of recidivism among parolees.

C) the rate of stable employment of parolees.

D) participation in a reentry program.

Answer: B Page Ref: 348-349 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic 28) Overall, approximately what percent of arrests involve individuals on probation or parole?

A) 10% B) 20% C) 40% D) 60% Answer: B Page Ref: 350 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic

374

29) Which of the following is not a characteristic common to parole violators?

A) Denial of responsibility B) Tendency to act impulsively C) Lack problem-solving and coping skills D) Likely to live with a spouse Answer: D Page Ref: 349-350 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic 14.2 True-False 1) The protection of society is a primary objective of parole.

Answer: TRUE Page Ref: 330 Objective: Outline the history of parole.

Level: Basic 2) The ticket-of-leave was developed by Alexander Maconochie.

Answer: TRUE Page Ref: 332 Objective: Outline the history of parole.

Level: Basic 3) The truth-in-sentencing movement requires judges to clearly inform offenders at the sentencing hearing of the sentence being imposed on them.

Answer: FALSE Page Ref: 333 Objective: Outline the history of parole.

Level: Basic 4) A reprieve generally results in release from confinement.

Answer: FALSE Page Ref: 334 Objective: Outline the history of parole.

Level: Basic 5) The federal government has eliminated discretionary parole.

Answer: TRUE Page Ref: 333-334 Objective: Outline the history of parole.

Level: Basic

375

6) Independent parole boards tend to be made up of people who have significant experience and training in corrections.

Answer: FALSE Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 7) According to the U.S. Supreme Court, inmates have a right to parole if they meet the specified selection criteria.

Answer: FALSE Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 8) The offender must agree to parole conditions before being released on parole.

Answer: TRUE Page Ref: 337 Objective: Explain how parole is granted and the role of the parole board.

Level: Basic 9) Parole officers have the authority to revoke parole if the parolee violates parole conditions.

Answer: FALSE Page Ref: 339 Objective: Summarize the role of parole officers.

Level: Intermediate 10) A technical violation of parole occurs when the parolee is convicted of a new crime.

Answer: FALSE Page Ref: 339 Objective: Summarize the role of parole officers.

Level: Basic 11) The most common reason for parole failure is receiving a new sentence while on parole.

Answer: FALSE Page Ref: 339 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 12) According to the Supreme Court's ruling in Morrissey v. Brewer, parolees who are facing a revocation hearing are entitled to some basic due process rights.

Answer: TRUE Page Ref: 339 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 376

13) A large percentage of ex-offenders attempt to receive pardons after successfully completing parole.

Answer: FALSE Page Ref: 340-341 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 14) A conditional pardon restores an offender's civil rights and absolves the offender of guilt.

Answer: FALSE Page Ref: 340 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 15) The Second Chance Act is designed to facilitate offender reentry into the community.

Answer: TRUE Page Ref: 341 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic 16) Culture shock is an issue that may affect successful reentry.

Answer: TRUE Page Ref: 342 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic 17) Institutional work release is a viable substitute for parole.

Answer: FALSE Page Ref: 343 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 18) Meritorious furloughs are used to facilitate offender reintegration.

Answer: TRUE Page Ref: 344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate

377

19) Parole violators who are placed in a halfway house are more likely to recidivate than offenders who are returned to prison.

Answer: FALSE Page Ref: 346 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 20) Parolees participating in reentry court are more likely to have their parole revoked and be returned to prison.

Answer: TRUE Page Ref: 347 Objective: Explain reentry courts.

Level: Intermediate 21) Research suggests that parole violators are less likely be able to find a job than parolees who complete parole successfully.

Answer: FALSE Page Ref: 349 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 22) The majority of arrests involve individuals who are on probation or parole.

Answer: FALSE Page Ref: 350 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Basic 14.3 Fill in the Blank 1) Alexander ________ developed a method of conditional release while supervising an English penal colony at Norfolk Island in New South Wales.

Answer: Maconochie Page Ref: 332 Objective: Outline the history of parole.

Level: Basic 2) The practice of removing days from an offender's sentence for conduct and behavior that comports with the institution's rules is called ________ time.

Answer: good Page Ref: 332-333 Objective: Outline the history of parole.

Level: Basic

378

3) The ________ movement required inmates to serve a significant portion of their sentence before consideration for release.

Answer: truth-in-sentencing Page Ref: 333 Objective: Outline the history of parole.

Level: Basic 4) A pardon granted to a group or class of offenders is known as ________.

Answer: amnesty Page Ref: 334 Objective: Outline the history of parole.

Level: Basic 5) Executive ________ refers to a pardon, reduction of sentence, or release of an inmate at the discretion of a governor or other pardoning authority.

Answer: clemency Page Ref: 334 Objective: Outline the history of parole.

Level: Basic 6) When making parole recommendations, ________ parole boards are supposed to be more objective than the correctional bureaucracy.

Answer: independent Page Ref: 335 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 7) If inmates do not meet the standards for parole, they are ________ and their sentences are continued.

Answer: flopped Page Ref: 336 Objective: Explain how parole is granted and the role of the parole board.

Level: Basic 8) Parole ________ are designed to reduce the arbitrary and capricious nature of the release decision by structuring parole board discretion.

Answer: guidelines Page Ref: 336-337 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 9) The contract in which the offender agrees to the conditions of parole imposed by the parole board is known as the parole ________.

Answer: agreement Page Ref: 337 Objective: Explain how parole is granted and the role of the parole board.

Level: Basic 379

10) Parole orders and conditions are enforced by ________ officers.

Answer: parole Page Ref: 339 Objective: Summarize the role of parole officers.

Level: Basic 11) Parolees who violate the conditions of release may be returned to prison for a(n) ________ violation.

Answer: technical Page Ref: 339 Objective: Explain how parole is granted and the role of the parole board.

Level: Basic 12) The U.S. Supreme Court defined the basic rights of parolees at parole revocation hearings in the case of ________ v. Brewer.

Answer: Morrissey Page Ref: 339 Objective: Explain how parole is granted and the role of the parole board.

Level: Intermediate 13) Work ________ programs allow inmates to help support their families or reimburse victims for their loss.

Answer: release Page Ref: 343 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 14) A small number of highly publicized failures have made it difficult for corrections departments to promote the use of ________ programs.

Answer: furlough Page Ref: 344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 15) ________ courts involve judicial oversight of parolees.

Answer: Reentry Page Ref: 347 Objective: Explain reentry courts.

Level: Basic

380

14.4 Matching Match the term relating to an alternative to parole in Column 1 with its definition in Column 2.

A) Exoneration of blame for the offense by the governor or paroling authority B) A reduction in sentencing severity, such as in a death penalty case where execution is stopped at least temporarily C) A pardon, reduction of sentence, or release of an inmate by the governor D) A form of pardon for a class of offenders E) The shortening of a sentence by executive order F) Traditional parole release with supervision 1) Amnesty Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate 2) Reprieve Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate 3) Pardon Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate 4) Commutation Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate 5) Discretionary release Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate 6) Executive clemency Page Ref: 333-334 Objective: Outline the history of parole.

Level: Intermediate Answers: 1) D 2) B 3) A 4) E 5) F 6) C

381

Match the term related to re-entry in Column 1 with its meaning in Column 2.

A) The process of an inmate's return and adjustment to society B) A prison release program allowing inmates to keep their jobs while still serving their terms of incarceration C) A prison-release program allowing an inmate to participate in education, training, or work in the community D) A residential facility for offenders in the community and inmates prior to final release on parole 7) Reentry Page Ref: 341-344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 8) Furlough Page Ref: 341-344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 9) Halfway house Page Ref: 341-344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate 10) Work release Page Ref: 341-344 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Intermediate Answers: 7) A 8) C 9) D 10) B

382

14.5 Essay 1) What are the basic functions of parole?

Answer: Traditionally, parole includes five basic functions: (1) selecting and placing prisoners on parole; (2) establishing supervision conditions; (3) aiding, supervising, assisting, and controlling parolees in the community; (4) returning parolees to prison if conditions of parole are not met; (5) and discharging parolees once supervision is no longer advisable, or upon completion of sentence.

Page Ref: 335 Objective: Outline the history of parole.

Level: Intermediate 2) What are parole guidelines and what is their purpose?

Answer: Parole guidelines provide parole boards with clear recommendations regarding the amount of time an offender needs to serve prior to release. They were developed in response to criticisms of the parole process that characterized it as arbitrary, capricious, prejudiced, and lawless. Systems generally use factors such as the seriousness of the crime and the traits and prior criminal behaviors of the inmate to construct a matrix that specifies a narrow range of time that the inmate must serve before being eligible for parole. Good-time and earned-time credits can reduce the anticipated prison sentence.

Guidelines let offenders know immediately the sentence length and what must be done to reduce it, and reduces anxiety and hostility resulting from on-the-spot decision making.

Guidelines do not eliminate parole board discretion but structure it; boards can deviate from guideline recommendations but generally have to provide a written rationale.

Page Ref: 336-337 Objective: Explain how parole is granted and the role of the parole board.

Level: Difficult 3) What are the three primary ways that an individual might access referral to a halfway house program?

Answer: Individual offenders may be referred to a halfway house through a number of channels. Most commonly, individuals are granted conditional release and required to reside in a halfway house during the initial transition into the community. A smaller number of inmates are placed in halfway houses prior to the formal granting parole, during the first phase of release, and serve the remainder of their sentences while a resident there. Finally, an individual who violates the conditions of his release under parole or probation may be remanded to a halfway house or other form of community correction.

Page Ref: 345 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Difficult

383

4) What functions do reentry courts serve? What responsibilities do these courts typically hold?

Answer: Reentry courts are concerned with integrating offenders back into the general community, and are designed to lower recidivism and improve public safety through judicial oversight. Typically, these community courts maintain responsibility for tasks including: (1) review of offenders' reentry progress and problems; (2) ordering offenders to engage in treatment and reintegration programs; (3) applying drug and alcohol testing and other checks to monitor compliance; (4) applying graduated sanctions to offenders who do not comply with treatment requests; and (5) providing modest incentive rewards for clear drug tests and other positive behavior.

Page Ref: 347 Objective: Explain reentry courts.

Level: Difficult 14.6 Critical Thinking 1) Discuss some of the advantages and disadvantages of the parole system?

Answer: Answers will vary but should discuss issues such as the cost of parole vs. incarceration, reentry and reintegration, and the effectiveness of the parole system.

Page Ref: Throughout Objective: Multiple Level: Difficult 2) Discuss the effectiveness of parole programs. What is the main way parole effectiveness is operationalized? What other factors do you think could be used to measure the effectiveness of parole?

Answer: Parole programs are typically evaluated according to a number of outcome measures, the most important of which is public safety, commonly identified in terms of recidivism. Despite the existence of a number of studies exploring whether parole reduces recidivism, the data is inconclusive, as different studies (using the same data sets) often reach different findings on this complex issue. Answers regarding alternative factors will vary but could include items such as cost savings, family reunification, employment stability, substance dependency, etc.

Page Ref: 348-350 Objective: Describe the prisoner reentry process and summarize issues associated with prisoners reentering the community, including the stigma parolees face.

Level: Difficult 3) A number of states, as well as the federal government, have abolished discretionary parole. Discuss the pros and cons of abolishing parole. Do you agree with parole abolition or do you think parole is a valuable correctional tool? Support your opinion.

Answer: Answers will vary but should discuss the advantages and disadvantages of retaining vs. eliminating parole. Answers should present the student's opinion on this issue and rationale to support the opinion.

Page Ref: Throughout Objective: Outline the history of parole.

Level: Difficult 384

Corrections in America: An Introduction, 15e (Allen) Chapter 15 Appeals and Offender Rights 15.1 Multiple Choice 1) A judicial order requiring the recipient to conform to the court's decision is a A) writ of habeas corpus.

B) writ of mandamus.

C) court master.

D) tort.

Answer: B Page Ref: 360 Objective: Explain appeals by convicted offenders.

Level: Basic 2) The foundation for civil rights petitions originates from which constitutional amendment?

A) Fifth B) Eighth C) Twelfth D) Fourteenth Answer: D Page Ref: 360 Objective: Explain appeals by convicted offenders.

Level: Basic 3) Which of the following is not a legislative enactment designed to reduce the level of civil rights cases filed by inmates?

A) Section 1983 B) Civil Rights of Institutionalized Persons Act C) Prison Litigation Reform Act D) Antiterrorism and Effective Death Penalty Act Answer: A Page Ref: 360-361 Objective: Describe legislative efforts to reduce the level of appeals by inmates.

Level: Basic 4) Which of the following statements is true regarding the effects of the Prison Litigation Reform Act on the rate and number of civil rights petitions?

A) There was a small decrease.

B) They increased dramatically.

C) They decreased dramatically.

D) There was no change.

Answer: C Page Ref: 360-361 Objective: Describe legislative efforts to reduce the level of appeals by inmates.

385

Level: Intermediate 5) What is a court master?

A) A court representative who monitors correctional compliance with court orders B) The most senior judge in each individual court within a state court system C) The chief justice of the state supreme court D) An administrator person within the state court system who is responsible for the dayto-day running of the courts Answer: A Page Ref: 361 Objective: Identify the effects of judicial decrees.

Level: Basic 6) Which of the following statements about convicted offenders is true?

A) A defendant officially acquires the status of "convicted offender" immediately after the jury hands down a verdict of guilty.

B) An individual will not spend time in prison prior to acquiring the status of "convicted offender."

C) To be considered a convicted offender, an individual must have gone through the appeals process and the sentence must have been upheld.

D) Convicted offenders are under the jurisdiction of the court master until they are physically transferred to a prison or jail.

Answer: C Page Ref: 362 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 7) The concept of civil death is visible today in the restrictions placed on ________ in prison.

A) access to contraband B) visitation C) religious rights D) access to medical treatment Answer: B Page Ref: 362 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 8) Which of the following restrictions on the use of the mail system would not be an appropriate restriction for a correctional administrator to place on prisoners?

A) Requiring death row inmates to receive only photocopies of any mail they receive, other than mail from attorneys B) Examining all incoming and outgoing mail for contraband C) Prohibiting inmates from using direct email for correspondence D) Censoring mail sent from an inmate to an attorney Answer: D Page Ref: 363-365 386

Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 9) The ________ standard is the basic test for the permissibility of mail and literature that is used by corrections to justify restricting inmates' rights.

A) contraband B) civil death C) clear and present danger D) yellow card Answer: C Page Ref: 365 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 10) In which case did the Supreme Court establish access to the federal courts as a constitutional right for all inmates?

A) Cooper v. Pate B) Johnson v. Avery C) Ex parte Hull D) Younger v. Gilmore Answer: C Page Ref: 367 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 11) The case of Johnson v. Avery provided inmates with the right to A) petition for habeas corpus.

B) the free exercise of religion.

C) access federal courts.

D) use jailhouse lawyers.

Answer: D Page Ref: 367 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 12) What was a result of the ruling in Johnson v. Avery?

A) It led to a significant increase in the number of civil rights petitions by inmates.

B) It forced prisons to provide more extensive medical and dental services to inmates.

C) It led to increased demands by non-Christian inmates to have the ability to exercise their religions in prison.

D) It prevented prisons from censoring mail or limiting communications between inmates and their attorneys.

Answer: A Page Ref: 367 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 387

13) Under the deliberate indifference test for complaints about medical care in prison, in which of the following situations could an inmate invoke the Eighth Amendment?

A) Any relevant tort claim B) Medical negligence C) Total deprivation of medical services D) Medical malpractice Answer: C Page Ref: 368 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 14) Section 1983 of the U.S. Code allows which of the following?

A) It allows inmates to sue in federal court.

B) It allows states to sue inmates.

C) It allows inmates to have conjugal visits.

D) It allows states to outsource inmate medical care.

Answer: A Page Ref: 368 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 15) Which of the following is not an alternative to litigation?

A) Grievance boards B) Mediation C) Ombudsman D) Filing a lawsuit Answer: D Page Ref: 370 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 16) What is the purpose of the writ of habeas corpus?

A) To allow prisoners to contest the death penalty B) To allow prisoners to test the legality of their confinement C) To allow prisons to legally limit prisoners' rights D) To allow prisons to increase prisoners' community ties Answer: B Page Ref: 370 Objective: Explain appeals by convicted offenders.

Level: Intermediate

388

17) Which of the following is not a common collateral consequence of a conviction?

A) The loss of the right to hold public office B) The loss of the right to own firearms C) The loss of the right to vote D) The loss of the right to have a child Answer: D Page Ref: 371 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate 18) The ________ or shame attached to ex-offenders can significantly affect their ability to successfully reintegrate into the community.

A) self-efficacy B) stigma C) civil death D) expungement Answer: B Page Ref: 371-372 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 19) Which of the following statements regarding the loss of civil rights as a result of a felony conviction is false?

A) State laws can impose collateral consequences on federal felons.

B) Laws governing the loss and restoration of civil rights vary widely from state to state.

C) Lost rights are restored after the offender has completed serving his or her sentence.

D) Some federal felons may be able to regain their rights through state procedures.

Answer: C Page Ref: 373 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate 20) Ohio's Certificate of Qualification for Employment has what legal advantage for employers?

A) It eliminates employment restrictions that may lead to a discrimination lawsuit.

B) It guarantees that the inmate has a minimum specified level of education, such as a GED. C) It ensures that the inmate is qualified to perform the job for which he or she is being hired.

D) It prevents employers from being sued for negligent hiring.

Answer: D Page Ref: 376 Objective: Compare and contrast the right to work with the need to work.

Level: Intermediate 389

390

21) Lawsuits that are targeting the ability of employers to question applicants about an arrest, even if it did not result in conviction generally are based on A) the Civil Rights Act. B) the Eighth Amendment.

C) the clear and present danger test.

D) Section 1983.

Answer: B Page Ref: 377 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 22) What requirement is imposed under Megan's Law? A) Sex offenders must inform local police of their location and prior convictions.

B) All states must participate in the national sex offender registry.

C) The felony records of all minors must be sealed upon the minor's 21st birthday.

D) All criminal records must be expunged 5 years from date of conviction.

Answer: A Page Ref: 378 Objective: Describe the problem with having a record.

Level: Intermediate 23) ________ destroys or seals an offender's criminal conviction history, removing the stigma of a criminal record.

A) An expungement statute B) Section 1983 C) A Certificate of Qualification for Employment D) A yellow card law Answer: A Page Ref: 378 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 24) Why are pardons usually governed by state law?

A) The granting of criminal pardons is not a matter of federal interest.

B) The Supreme Court has stated that the right to grant pardons is limited to the states.

C) The Supreme Court's decisions on pardons are contradictory.

D) The Supreme Court has never decided a case related to criminal pardons.

Answer: C Page Ref: 379 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate

391

25) An offender's rights may be restored at all but which of the following points?

A) Upon conviction B) When parole is granted C) At the point of pardon D) Upon release from parole Answer: A Page Ref: 379 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate 26) Which of the following is a type of clemency that results in a significant reduction in an offender's sentence?

A) Pardon B) Expungement C) Commutation D) Reversal of civil death Answer: C Page Ref: 380 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 15.2 True-False 1) A writ of mandamus is used to bring a prisoner before the court to determine if the person's imprisonment is lawful.

Answer: FALSE Page Ref: 360 Objective: Explain appeals by convicted offenders.

Level: Basic 2) Civil rights petitions can be filed in federal court.

Answer: TRUE Page Ref: 360 Objective: Explain appeals by convicted offenders.

Level: Basic 3) The Prison Litigation Reform Act sought to reduce the number of petitions filed by inmates claiming civil rights violations.

Answer: TRUE Page Ref: 360-361 Objective: Describe legislative efforts to reduce the level of appeals by inmates.

Level: Basic

392

4) The Prison Litigation Reform Act was ineffective at reducing the number of civil rights petitions filed in federal court.

Answer: FALSE Page Ref: 361 Objective: Describe legislative efforts to reduce the level of appeals by inmates.

Level: Intermediate 5) A court master oversees the day-to-day compliance of a correctional institution to a consent decree.

Answer: TRUE Page Ref: 361 Objective: Identify the effects of judicial decrees.

Level: Basic 6) A defendant acquires the status of convicted offender after being found guilty and sentenced.

Answer: FALSE Page Ref: 362 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 7) Case law permits restrictions to be placed on an inmate's right to use the mail system.

Answer: TRUE Page Ref: 363 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 8) In recent years, the courts have held that censorship of correspondence between inmates and their lawyers is constitutional.

Answer: FALSE Page Ref: 364 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 9) The court ruling that Black Muslims were entitled to follow their prescribed religious practices can also be applied to inmates who practice other recognized religions.

Answer: TRUE Page Ref: 367 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 10) The case of Cooper v. Pate gave inmates the right to use jailhouse lawyers.

Answer: FALSE Page Ref: 367 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 393

11) Under the deliberate indifference standard, medical negligence or malpractice may serve as a basis for an Eighth Amendment claim.

Answer: FALSE Page Ref: 368 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 12) Inmates suing in federal court under Section 1983 must first go through all possible state court remedies.

Answer: FALSE Page Ref: 368 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 13) Inmates who agree to mediation to deal with an alleged legal rights violation may also file a lawsuit at the same time.

Answer: TRUE Page Ref: 370 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 14) The loss of the right to vote is a collateral consequence of conviction.

Answer: TRUE Page Ref: 371 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 15) Social stigma resulting from a criminal conviction increases the self-efficacy of most offenders.

Answer: FALSE Page Ref: 372 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 16) Civil rights lost as a result of a felony conviction cannot be restored.

Answer: FALSE Page Ref: 373 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic

394

17) Offenders do not have the right to employment after being released from prison.

Answer: TRUE Page Ref: 374 Objective: Compare and contrast the right to work with the need to work.

Level: Intermediate 18) A Certificate of Qualification for Employment prevents an employer who hires a former inmate from being sued for negligent hiring.

Answer: TRUE Page Ref: 376 Objective: Compare and contrast the right to work with the need to work.

Level: Basic 19) Some types of jobs may be restricted to individuals who have a criminal record, so that ex-offenders may automatically be denied employment.

Answer: TRUE Page Ref: 376 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 20) In the United States today, employers can no longer ask applicants questions about an arrest that did not result in an actual criminal conviction.

Answer: FALSE Page Ref: 377 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 21) Expungement is a way to reduce the negative effect of a criminal conviction after the offender returns to the free world.

Answer: TRUE Page Ref: 378 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 22) A conditional pardon applies to both the offender's guilt and punishment.

Answer: FALSE Page Ref: 379 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate

395

15.3 Fill in the Blank 1) A judicial order requiring the recipient to conform to the court's decision is called a writ of ________.

Answer: mandamus Page Ref: 360 Objective: Explain appeals by convicted offenders.

Level: Basic 2) The Prison ________ Reform Act sought to reduce the number of petitions filed by inmates claiming civil rights violations.

Answer: Litigation Page Ref: 360-361 Objective: Describe legislative efforts to reduce the level of appeals by inmates.

Level: Basic 3) The legal representative who is charged with monitoring correctional compliance on behalf of that court is called a(n) ________ master.

Answer: court Page Ref: 361 Objective: Identify the effects of judicial decrees.

Level: Basic 4) A(n) ________ offender is an individual who has been found guilty of a crime and who has exhausted all appeals of conviction and sentencing.

Answer: convicted Page Ref: 362 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 5) The clear and present ________ standard is the legal test used in corrections to determine the permissibility of mail and literature.

Answer: danger Page Ref: 363 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 6) Although ________ lawyers generally have no formal legal education, they provide legal services to fellow prisoners.

Answer: jailhouse Page Ref: 367 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic

396

7) The first Supreme Court case to address the provision of ________ treatment in prison was Estelle v. Gamble.

Answer: medical Page Ref: 368 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Basic 8) With regard to medical services in prison, the test of deliberate ________ is a requirement for invoking the Eighth Amendment standard of cruel and unusual punishment.

Answer: indifference Page Ref: 368 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 9) Disabilities imposed upon an offender on the basis of conviction, in addition to the punishment imposed by statute and handed down by the court, are known as collateral ________.

Answer: consequences Page Ref: 371 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 10) Social ________ resulting from an individual's criminal status can significantly affect the offender's ability to obtain a job after release from prison.

Answer: stigma Page Ref: 371 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 11) The automatic revocation of a teaching certificate upon conviction of a sex crime involving children is an example of a(n) ________ disability.

Answer: occupational Page Ref: 373 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate 12) Legislation requiring sex offenders to inform local police agencies of their location and the nature of their prior convictions is known as ________ Law. Answer: Megan's Page Ref: 378 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

397

Level: Basic

398

13) The process by which a record of crime conviction is destroyed or sealed after expiration of a statutorily required period of time is known as ________.

Answer: expungement Page Ref: 378 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Basic 14) A(n) ________ pardon applies to both the punishment and the guilt of an offender, and restores the offender's civil rights.

Answer: full Page Ref: 379 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate

399

15.4 Matching Match the case in Column 1 with its ruling in Column 2.

A) Determined that deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment B) Gave prisoners the right to use jailhouse lawyers when filing lawsuits C) Created the deliberate indifference test as the standard for filing an Eighth Amendment claim regarding lack of medical services D) Established access to the federal courts as a constitutional right for inmates E) Guaranteed inmates access to adequate legal research materials 1) Ex parte Hull Page Ref: 367-369 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 2) Johnson v. Avery Page Ref: 367-369 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 3) Younger v. Gilmore Page Ref: 367-369 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 4) Estelle v. Gamble Page Ref: 367-369 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 5) Farmer v. Brennan Page Ref: 367-369 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate Answers: 1) D 2) B 3) E 4) A 5) C

400

Match the alternative to litigation in Column 1 with its definition in Column 2..

A) A public official who investigates complaints and is empowered to recommend corrective solutions and measures B) A committee of institutional employees and inmates investigates inmate complaints and proposes solutions to correctional administrators C) A committee of institutional employees investigates inmate complaints and proposes solutions to correctional administrators D) An individual who is skilled in corrections and who hears differences between inmates and facility staff or administrators and renders a decision that is binding on both parties 6) Inmate grievance procedures Page Ref: 370 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 7) Mediators Page Ref: 370 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 8) Ombudsman Page Ref: 370 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate 9) Grievance board Page Ref: 370 Objective: Describe the status of convicted offenders and their basic inmate rights.

Level: Intermediate Answers: 6) B 7) D 8) A 9) C

401

15.5 Essay 1) Explain the purpose and function of a court master in corrections.

Answer: A court master is a representative of the court who is responsible for monitoring correctional compliance with court orders. They generally are used in courts in which litigation over correctional issues has been filed and the defendant lost the case, to oversee the facility or system's compliance with the court's ruling on the litigation or on a consent decree. Court masters monitor the lawsuit, report to the court, investigate inmates' complaints, have access to inmates and their files, hold hearings, and inform the judge about progress in the settlement of the orders. They may also advise the court and help arrange needed compromises between the extreme demands of inmates and the realities of prison administration. They are seen as providing correctional expertise to a court with no competence in correctional administration.

Page Ref: 361 Objective: Identify the effects of judicial decrees.

Level: Difficult 2) What are collateral consequences? Explain the secondary handicaps of conviction that continue to affect offenders even after they have served their sentences.

Answer: Collateral consequences are disabilities that are imposed upon an offender as a result of being convicted, in addition to the punishment imposed by statute. These include a loss of some of the rights and privileges ordinarily available to citizens.

The secondary handicaps that continue to affect offenders after they have served their sentences include social stigma, the loss of civil rights, and administrative and legislative restrictions. Social stigma is the dishonor or shame that is associated with criminal status.

Former offenders are faced with prejudice and distrust due to their status, making it difficult for them to successfully reintegrate into society and find employment. Offenders also lose a number of civil rights, even after being released from prison. These may include the loss of the right to vote, to hold public office, and to serve on a jury. Other legislative restrictions also may affect the offender after release. Certain occupational or professional licenses may be revoked or denied to convicted offenders, affecting an offender's employment opportunities. The federal firearms disability also affects offenders.

Page Ref: 371-374 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Difficult

402

3) The text states that "the problem with having a criminal record in this country is especially critical when an arrest does not result in a conviction" (p. 377). Explain this statement.

Answer: Answers may vary but should discuss the effect of an arrest record, as opposed to a conviction, on the individual's ability to find employment. Unlike other countries, in the United States employers are permitted to ask about an applicant's arrest record regardless of whether or not a conviction resulted from the arrest. Answers should also discuss the attacks on this, based on the Eighth Amendment's cruel and unusual punishment clause.

Page Ref: 377 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Intermediate 15.6 Critical Thinking 1) Offenders face a variety of collateral consequences as well as considerable social stigma as a result of a criminal conviction. Should former criminals face social stigma and/or legal disability? Is there a distinction between the way in which convicted felons and those convicted of misdemeanors and lesser offenses should be treated by society?

Answer: Answers will vary, but may address the various social disadvantages attached to having a criminal record, such as the loss of civil rights and reduced access to employment and other rights and privileges enjoyed by those without criminal backgrounds. Answers should include a discussion of whether offenders should face stigma and legal disability and provide explanation and support. Answers also should discuss whether felony and misdemeanor offenders should receive different treatment and provide support for the response.

Page Ref: 371-374 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Difficult 2) Identify some potential problems associated with requiring sex offender registration.

Do you think the advantages of registration outweigh these disadvantages? Support your response.

Answer: Answers will vary but should discuss the issue of social stigma, the Internetenhanced possibility of permanent stigma even for offenders who are not required to register for the rest of their lives, and the negative effects that stigma may have on offenders and on their ability to successfully reintegrate back into society. They may also discuss the question of whether these laws increase public safety and whether offenders are displaced to other communities. Answers should include and provide support for the student's opinion on whether the advantages of registration outweigh these problems.

Page Ref: 377-378 Objective: Summarize the issues associated with the stigma of being a prisoner and with the loss and restoration of civil rights.

Level: Difficult 403

Corrections in America: An Introduction, 15e (Allen) Chapter 16 Male Offenders 16.1 Multiple Choice 1) The majority of male inmates are incarcerated in A) county jails.

B) state prisons.

C) federal prisons.

D) other adult long-term institutions.

Answer: B Page Ref: 390 Objective: Summarize the trends in the adult male prison population.

Level: Basic 2) Approximately ________ percent of adult males in the United States are in prison on any given day.

A) 0.001 B) 0.1 C) 1 D) 10 Answer: C Page Ref: 390 Objective: Summarize trends in the adult male prison population.

Level: Basic 3) Male prisoners are most likely to be incarcerated for which type of crime?

A) Property crime B) Violent crime C) Drug law violations D) Public order offenses Answer: B Page Ref: 391 Objective: Summarize the trends in the adult male prison population.

Level: Basic 4) Black males are incarcerated at approximately ________ times the rate of white males.

A) 2 B) 4 C) 5 D) 8 Answer: C Page Ref: 391 Objective: Summarize the trends in the adult male prison population.

Level: Basic

404

5) The majority of foreign offenders imprisoned in the United States come from which country?

A) Canada B) Mexico C) Norway D) Venezuela Answer: B Page Ref: 391 Objective: Summarize the trends in the adult male prison population.

Level: Basic 6) Which of the following is not a method that states and correctional administrators have used to deal with the problem of dangerous offenders and prison overcrowding?

A) Releasing some dangerous offenders back into the community B) Creating the supermax prison C) Giving property offenders alternatives to incarceration D) Isolating dangerous offenders Answer: A Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 7) The most common cause of death of inmates in prison is A) homicide.

B) suicide.

C) from injuries sustained during prison uprisings.

D) natural causes.

Answer: D Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 8) ________ is an example of a designer drug that can induce violent behavior.

A) Cocaine B) Methamphetamine C) Heroin D) Marijuana Answer: B Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Basic

405

9) Which of the following statements regarding offender use of drugs and alcohol is true?

A) The majority of prison inmates had been drinking when they committed the crime for which they are incarcerated.

B) The majority of incoming prison inmates today were convicted of drug law violations.

C) There is ongoing drug use among offenders in prison.

D) Drug overdose is the main cause of death among inmates in state prisons.

Answer: C Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 10) Which of the following statements regarding male jail inmates is false?

A) Over half of male jail inmates have not been convicted of the crime for which they are incarcerated.

B) The majority of male jail inmates have a prior criminal record.

C) The majority of male jail inmates report consuming alcohol regularly.

D) More than half of male jail inmates are white.

Answer: D Page Ref: 393 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 11) Prisoners with low-level education skills who are unable to read and follow written instructions are known as A) functionally illiterate.

B) population at risk.

C) age at risk.

D) prisonization.

Answer: A Page Ref: 393 Objective: Explain what might be done to reduce functional illiteracy among prison inmates.

Level: Basic 12) Which of the following statements is true regarding male state prison inmates?

A) The majority are eligible to be furloughed into an early-release procedure.

B) Few inmates have some kind of institutional work assignment.

C) The majority have not received a high school diploma.

D) They are more educated than individuals in the civilian population.

Answer: C Page Ref: 393-394 Objective: Explain what might be done to reduce functional illiteracy among prison inmates.

Level: Intermediate

406

13) The most common cause of death of inmates in most jails is A) homicide.

B) suicide.

C) from injuries sustained during jail uprisings.

D) natural causes.

Answer: B Page Ref: 394 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 14) Which of the following is not a factor that accounts for most of the growth in the prison population in recent years?

A) A decline in the prison release rate B) An increase in the number of parole violators returned to prison C) The War on Drugs D) An increased focus on property crimes in the community Answer: D Page Ref: 394-395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 15) The population at risk includes males in which age category?

A) Ages 15 to 21 B) Ages 18 to 29 C) Ages 21 to 35 D) Ages 30 to 45 Answer: B Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 16) Which of the following factors has made the age-at-risk problem worse in recent years?

A) The recent economic recession B) The change in health care coverage C) The population shift from rural to urban environments D) Increasing law enforcement efficiency Answer: C Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate

407

17) What is the impact of Congress's "truth-in-sentencing" program?

A) States that enact legislation requiring defendants to tell the truth at sentencing will receive federal funds to construct new courthouses.

B) States that enact legislation requiring an inmate to serve 85% of his sentence will receive federal funds to construct new prisons.

C) States that enact legislation offering offender diversion will receive federal funds to subsidize these diversion programs.

D) States that enact three-strikes and prior imprisonment statutes will receive federal funds to construct new prisons.

Answer: B Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 18) Prisonization involves A) anticipatory socialization.

B) methods of preparing prison inmates for reentry into the community.

C) prison orientation programs for newly committed inmates.

D) introducing newly committed inmates into the inmate subculture.

Answer: D Page Ref: 396 Objective: Explain the consequences of prisonization.

Level: Intermediate 19) Which of the following statements regarding the federal prison population is true?

A) The average federal prison sentence is lower than the average at the state level for similar types of crimes.

B) Federal offenders are required to serve a higher percentage of their sentences than offenders at the state level.

C) The growth in the federal prison population is mainly driven by the increase in offenders sentenced for immigration crimes.

D) The percentage of federal offenders sentenced to probation has increased in the last 25 years.

Answer: B Page Ref: 397 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 20) Socialization into the inmate subculture is encouraged by A) an emphasis on treatment over custody.

B) the pains of imprisonment.

C) shorter prison terms.

D) reduced violations by correctional officers of use-of-force rules.

Answer: B Page Ref: 397 Objective: Explain the consequences of prisonization.

Level: Intermediate 408

21) What is the main reason for the perpetration of sexual assaults on male inmates?

A) Sex is being used as an expression of the aggressor's pathological personality.

B) Sex is a way for inmates to express frustration with their situation.

C) Sex is a vehicle for exploitation and degradation.

D) Sex is used as a means by which correctional officers can control inmates.

Answer: C Page Ref: 398 Objective: Explain rape and sexual assault in all-male institutions.

Level: Intermediate 22) Which of the following is not true regarding the Prison Rape Elimination Act? A) It was the fourth law passed to deal with sexual assault in prison.

B) It calls for the gathering of national statistics about rape in prison.

C) It develops guidelines for states about how to address prisoner rape.

D) It provides grant funding to states to combat prison rape.

Answer: A Page Ref: 398 Objective: Explain rape and sexual assault in all-male institutions.

Level: Intermediate 23) Which of the following statements regarding elderly inmates is true?

A) Elderly inmates are more likely to be imprisoned for robbery and burglary than other prisoners.

B) Elderly inmates are more likely to have committed homicide and sexual offenses than other prisoners.

C) Elderly inmates are less likely to be granted early release than other inmates.

D) The proportion of prisoners who are elderly is decreasing due to programs such as Obamacare.

Answer: B Page Ref: 400-401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Intermediate 24) Which of the following is not a problem that elderly inmates pose for correctional administrators?

A) Increased health care costs B) Need for preventative health care programs C) Exploitation by younger inmates D) Increased violence by elderly inmates Answer: D Page Ref: 400-401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Intermediate

409

16.2 True-False 1) The majority of male inmates are incarcerated in federal prisons.

Answer: FALSE Page Ref: 390 Objective: Summarize the trends in the adult male prison population.

Level: Basic 2) Drug law violations account for almost half of all males in state correctional facilities today.

Answer: FALSE Page Ref: 391 Objective: Summarize the trends in the adult male prison population.

Level: Basic 3) The presence of institutional threat groups in prisons poses a potential danger to other inmates.

Answer: TRUE Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Basic 4) Ongoing drug use within prison appears to be a fairly minor problem.

Answer: FALSE Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Basic 5) The majority of jail inmates are unconvicted but have had prior convictions.

Answer: TRUE Page Ref: 393 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 6) Functional illiteracy contributes to involvement in crime.

Answer: TRUE Page Ref: 393-394 Objective: Explain what might be done to reduce functional illiteracy among prison inmates.

Level: Basic 7) Rapid improvements in correctional system efficiency have contributed to the population boom in prisons.

Answer: FALSE Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 410

411

8) Sentence enhancements in many states have led to an increase in the U.S. prison population.

Answer: TRUE Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Basic 9) Truth-in-sentencing laws have had a greater effect on population growth in state prisons than in federal prisons.

Answer: FALSE Page Ref: 397 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 10) The phenomenon of prisonization occurs only in correctional facilities that are poorly managed or otherwise compromised.

Answer: FALSE Page Ref: 397 Objective: Explain the consequences of prisonization.

Level: Basic 11) Anticipatory socialization suggests that shorter prison terms would reduce the negative effects of prisonization.

Answer: TRUE Page Ref: 398 Objective: Explain the consequences of prisonization.

Level: Intermediate 12) Male inmates are at greater risk of rape and sexual assault in prison than female inmates.

Answer: FALSE Page Ref: 398 Objective: Explain rape and sexual assault in all-male institutions.

Level: Basic 13) Same-sex sexual assaults in prison are often made by heterosexual males for political reasons.

Answer: TRUE Page Ref: 399 Objective: Explain rape and sexual assault in all-male institutions.

Level: Basic 14) The majority of states now permit conjugal visits as a way of reducing homosexual behavior in prison.

Answer: FALSE Page Ref: 400 Objective: Explain rape and sexual assault in all-male institutions.

412

Level: Intermediate 15) The recent increase in the length of sentences has contributed to the graying of prisons.

Answer: TRUE Page Ref: 400 Objective: Identify five outcomes of the graying of American prison populations.

Level: Basic 16) Elderly inmates are more likely than other offenders to be incarcerated for crimes such as robbery and burglary.

Answer: FALSE Page Ref: 401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Basic 17) The graying of American prisons is linked to an increase in the cost of incarceration.

Answer: TRUE Page Ref: 401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Basic 18) "Obamacare" may reduce the willingness of states to permit early release of elderly inmates back into the community.

Answer: FALSE Page Ref: 401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Intermediate 16.3 Fill in the Blank 1) Black males in the United States are incarcerated at ________ times the rate of whites.

Answer: five Page Ref: 391 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 2) Prison overcrowding and the increase in the percentage of seriously dangerous offenders has led to the creation of the ________ prison.

Answer: supermax Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Basic 3) The most common cause of ________ in prison is natural causes.

Answer: death Page Ref: 392 413

Objective: Summarize the trends in the adult male prison population.

Level: Basic 4) The term used to describe analogues of controlled substances manufactured by underground chemists is ________ drugs.

Answer: "designer" Page Ref: 392 Objective: Summarize the trends in the adult male prison population.

Level: Basic 5) Functional ________ contributes to the choice of crime as a means of economic survival.

Answer: illiteracy Page Ref: 393 Objective: Explain what might be done to reduce functional illiteracy among prison inmates.

Level: Intermediate 6) The most common cause of death in most jails is ________.

Answer: suicide Page Ref: 394 Objective: Summarize the trends in the adult male prison population.

Level: Basic 7) The War on ________ has contributed to the increase in both male and female prison inmates.

Answer: Drugs Page Ref: 394 Objective: Summarize the trends in the adult male prison population.

Level: Basic 8) Males in the age range of 18 to 29 are considered the ________ at risk.

Answer: population Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 9) The recent population shift from rural to urban areas has increased the ________ problem.

Answer: age-at-risk Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Intermediate 10) Sentence ________, such as three-strikes legislation, has contributed to the growth of the prison population.

414

Answer: enhancements Page Ref: 395 Objective: Summarize the trends in the adult male prison population.

Level: Basic

415

11) The process by which new inmates and/or prison staff are socialized as members of the prison environment is known as ________.

Answer: prisonization Page Ref: 396 Objective: Explain the consequences of prisonization.

Level: Basic 12) As they near the end of their prison sentence, inmates participate in ________ to prepare for participation in free-world activities.

Answer: socialization Page Ref: 398 Objective: Explain the consequences of prisonization.

Level: Intermediate 13) The federal Prison Rape ________ Act is designed to reduce sexual assaults in prison.

Answer: Elimination Page Ref: 398 Objective: Explain rape and sexual assault in all-male institutions.

Level: Intermediate 14) Sex in prison is often a means of ________ rather than expressing situational frustration.

Answer: exploitation Page Ref: 398-399 Objective: Explain rape and sexual assault in all-male institutions.

Level: Intermediate 15) Family or ________ visits are one way to allow inmates to maintain affectionate relationships while in prison.

Answer: conjugal Page Ref: 400 Objective: Explain rape and sexual assault in all-male institutions.

Level: Basic 16) Correctional facilities designed specifically for elderly inmates are called ________ centers.

Answer: geriatric Page Ref: 401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Basic

416

16.4 Matching Match the key term in Column 1 with its meaning in Column 2.

A) Facility for elderly inmates B) Program designed to reinforce family ties C) Having low-level education skills and the inability to read D) Prison gang present in a correctional facility E) Socialization into institutional culture F) Individuals with a high-level potential for involvement in crime 1) Population at risk Page Ref: Throughout Objective: Multiple Level: Intermediate 2) Functional illiteracy Page Ref: Throughout Objective: Multiple Level: Intermediate 3) Institutional threat group Page Ref: Throughout Objective: Multiple Level: Intermediate 4) Prisonization Page Ref: Throughout Objective: Multiple Level: Intermediate 5) Conjugal visits Page Ref: Throughout Objective: Multiple Level: Intermediate 6) Geriatric center Page Ref: Throughout Objective: Multiple Level: Intermediate Answers: 1) F 2) C 3) D 4) E 5) B 6) A

417

16.5 Essay 1) Define functional illiteracy and explain why it is a problem in society. Discuss what prisons can do to reduce it, and explain why prison programs are not sufficient on their own.

Answer: Individuals who are functionally illiterate have low level educational skills and cannot read well enough to follow written instructions. Answers should discuss the need for a good education to obtain a job that provides an adequate income. While prison inmates as a group are less educated than non-inmates, approximately one-third of the U.S. population over the age of 18 has not received a high school diploma. As a result, crime becomes an alternative option for survival. Prisons can help inmates become functionally literate through institutional educational programs and mandating a minimum level of educational achievement as a requirement for parole consideration.

However, this is not sufficient; the country as a whole must insist that public school systems provide a level of education that is sufficient to keep individuals out of prison.

Page Ref: 393-394 Objective: Explain what might be done to reduce functional illiteracy among prison inmates.

Level: Difficult 2) Why has the population of incarcerated males increased so substantially in recent years, and what might be done to alleviate this increase?

Answer: Answers should discuss the various factors contributing to the soaring prison population. These include the War on Drugs; a decline in the prison release rate; an increase in the number of parole violators returned to prison; increased efficiency among police and courts not mirrored by corrections; the hardening of public opinion; increases in the population at risk; sentencing enhancements; the federal truth-in-sentencing program; and prosecutorial focus on violent crimes. Answers should also discuss possible ways to alleviate the increasing population and may include options such as the creation of viable alternatives to incarceration for at-risk populations as well as offenders; ensuring that social networks and supports are in place (including adequate educational and occupational opportunities) to encourage law-abiding behavior while discouraging continued involvement in crime; and improving public school education to keep people out of prison.

Page Ref: 394-396 Objective: Summarize the trends in the adult male prison population.

Level: Difficult

418

3) Explain why the proportion of elderly inmates is increasing and identify the problems that this poses for this inmate population and for prison administrators.

Answer: Answers should link the increase in elderly inmates to the tougher sentencing policies resulting from the "get tough on crime" mentality in the United States. Problems posed by the graying of prisons should be explained. Elderly inmates have health care concerns and require preventive health care programs and differing nutritional needs.

They will have to deal with vulnerability to victimization, frailty, isolation from outside family and friends, the need to adjust changing personal needs to prison life, and the lack of suitable programs. Health care costs for prisons will increase significantly due to the increased health problems found among the elderly. Prisons will require special staff and staff training to treat the special needs of this population.

Page Ref: 400-401 Objective: Identify five outcomes of the graying of American prison populations.

Level: Difficult 16.6 Critical Thinking 1) You have just been hired as a prison administrator and are concerned about the problem of prisonization in your institution. Prepare a memo discussing how you will deal with the problem of prisonization.

Answer: Answers will vary but should discuss issues such as the pains of imprisonment that encourage prisonization and how these can be addressed. Possible approaches may include an emphasis on individual and group treatment rather than custody and control as well as the development of a pattern of cooperation between institutional authorities and informal inmate leaders. Ensuring that correctional officers who violate institutional rules governing the use of force are reprimanded and disciplined on a consistent basis also may reduce the prisonization process. Shorter prison terms may also help reduce the negative effects of prisonization.

Page Ref: 396-398 Objective: Explain the consequences of prisonization.

Level: Difficult

419

Corrections in America: An Introduction, 15e (Allen) Chapter 17 Female Offenders 17.1 Multiple Choice 1) Which of the following statements best describes the relationship between gender and incarceration in the United States?

A) Male offenders represent the overwhelming majority of adult prisoners, and the male inmate population is increasing at a higher annual rate of growth than that of females.

B) Male and female offenders are equally represented in the prison system, and both populations are increasing in numbers.

C) Male offenders represent the overwhelming majority of adult prisoners, but the female population is increasing at a higher annual rate of growth than that of male prisoners.

D) Male offenders are equally represented in the prison system, but the female population is increasing at a higher annual rate of growth than that of male prisoners.

Answer: C Page Ref: 407 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 2) Females are most likely to be arrested for A) violent crimes.

B) non-violent crimes.

C) drug-related crimes.

D) public order crimes.

Answer: B Page Ref: 408 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 3) Which of the following is not a reason why female offenders frequently do not spend much time in detention prior to trial?

A) Concern for the family of the offender B) A lack of adequate detention facilities for females C) An unwillingness on the part of the police to incarcerate females D) A lack of female personnel in the police department Answer: C Page Ref: 410 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate

420

4) Which of the following is a characteristic of drug-abusing female offenders?

A) They are likely to have completed high school but have not attended college.

B) Many suffer from mental or physical illnesses.

C) Most do not have children.

D) They tend to have the financial resources to support their drug habit.

Answer: B Page Ref: 411 Objective: Describe issues, challenges, and barriers faced by female inmates.

Level: Intermediate 5) Which of the following has contributed significantly to the number of women arrested and placed in jails and detention centers?

A) The recent recession B) The women's liberation movement C) Differential treatment of female offenders D) The War on Drugs Answer: D Page Ref: 412 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 6) Which of the following is not typical of the majority of female jail inmates?

A) Incarceration for a violent offense B) Low income C) Prior victim of sexual abuse D) Prior drug use Answer: A Page Ref: 412-413 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 7) The state with the largest number of female inmates is A) California.

B) Florida.

C) Oklahoma.

D) Texas.

Answer: D Page Ref: 414 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic

421

8) ________ women have the highest rate of incarceration in the United States.

A) White B) Black C) Hispanic D) Asian Answer: B Page Ref: 414 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 9) Which of the following is not more common in female inmates when compared to male inmates?

A) Involvement in violent crime B) Having a mental health problem C) Having been recently homeless D) Involvement in substance abuse Answer: A Page Ref: 416 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 10) The majority of female inmates are housed in ________ facilities.

A) maximum security B) high security C) minimum- to low-security D) alternative treatment Answer: C Page Ref: 416 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 11) Which of the following statements about female prisons is most accurate?

A) Since many states have only one major correctional facility for females, a state's female prison will often house all security classification levels within one compound.

B) Since many states have only one major correctional facility for females, low-risk female offenders are often released early or offered alternatives to incarceration.

C) Since most states have more than one correctional facility for females, a state's female prison population faces no distinct issues or concerns.

D) Since most states have more than one correctional facility for females, a state's female prison population will be segregated by classification level.

Answer: A Page Ref: 418 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 422

423

12) Which of the following is not a special problem for incarcerated females?

A) Aging within prison B) Pregnancy C) Safety D) Loss of family ties Answer: C Page Ref: 418 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Basic 13) Which of the following statements regarding pregnant female inmates is true?

A) Today, there is adequate medical care and programming for pregnant inmates.

B) Pregnant inmates are required to place their babies with relatives or put them up for adoption.

C) Some prisons allow newborns to remain with their mothers for up to a year.

D) Research suggests that separating pregnant inmates from their babies immediately reduces the trauma for both the mother and baby.

Answer: C Page Ref: 418-419 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 14) Failure of family and children to visit incarcerated mothers is mainly due to A) a lack of care and concern on the part of relatives.

B) the child's unwillingness to visit his or her mother in the prison facility.

C) relatives' concern for the well-being of the child.

D) physical and institutional barriers.

Answer: D Page Ref: 419 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Basic 15) Since 1988, the number of female inmates in state prisons who are over the age of 55 has A) declined slightly.

B) declined significantly.

C) increased significantly.

D) not changed.

Answer: C Page Ref: 421 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Basic

424

16) Which of the following is not a reason why aging is becoming a serious problem in female prisons?

A) Elderly female inmates may have serious medical issues that need to be addressed.

B) Psychological impairments pose particular problems for elderly female inmates.

C) Prisons are not conducive to caring for the elderly.

D) Females tend to live longer than men.

Answer: B Page Ref: 420-421 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 17) Why is administrative concern about possible homosexual activity a problem in female prisons?

A) Because homosexual activity in female prisons is extremely rare so excessive administrative concern creates unnecessary hardship for inmates B) Because it focuses only those inmates who were gay or bisexual before entering prison and discriminates against them C) Because it encourages inmates to engage in homosexual activity as an act of rebellion against the administration D) Because it conflicts with many activities and practices that are standard for females outside prison Answer: D Page Ref: 421 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 18) Which of the following is not a reason why homosexuality may be more prevalent in female than in male institutions?

A) Female prisons tend to be more accepting of homosexual behavior among inmates than male prisons.

B) Female prison facilities tend to be less secure and compartmentalized.

C) A high percentage of female inmates have been abused by men.

D) The impact of imprisonment may be significantly different for females.

Answer: A Page Ref: 422 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 19) What is a co-gender prison?

A) An adult prison that permits conjugal visitation B) An adult prison housing homosexual and transgendered inmates C) An adult prison housing both male and female inmates D) An adult prison housing married couples Answer: C Page Ref: 423 Objective: Explain the concept of co-gender institutions.

Level: Basic 425

20) Which of the following is not an advantage of community corrections for female offenders?

A) Community corrections can provide programming that addresses the underlying problems causing the criminal behavior.

B) Community corrections allows female offenders to remain in contact with their children.

C) Community corrections programs are recommended for nonviolent offenders.

D) Community corrections treatment programs tend to be non-gender-specific.

Answer: D Page Ref: 424 Objective: Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 17.2 True-False 1) In recent years, the so-called "steel ceiling" has begun to decline.

Answer: TRUE Page Ref: 407 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 2) The female inmate population is increasing more slowly than the male inmate population.

Answer: FALSE Page Ref: 407 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 3) Women are most likely to be arrested for violent crimes.

Answer: FALSE Page Ref: 408 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 4) Pretrial detention for female offenders is common.

Answer: FALSE Page Ref: 410 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 5) Drug-addicted female inmates tend to have other co-existing conditions.

Answer: TRUE 426

Page Ref: 411 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Basic

427

6) The majority of female jail inmates have been sexually abused at some point in their lives.

Answer: TRUE Page Ref: 413 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 7) Among female prison inmates, Hispanic women have the highest rate of incarceration.

Answer: FALSE Page Ref: 414 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 8) Female inmates are less likely to have experienced homelessness in the year prior to arrest than male inmates.

Answer: FALSE Page Ref: 416 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 9) Children of female inmates usually live with their fathers.

Answer: FALSE Page Ref: 416 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Basic 10) Very few female inmates are housed in maximum security facilities.

Answer: TRUE Page Ref: 416 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 11) Most states house all female inmates in the same prison facility, regardless of security classification.

Answer: TRUE Page Ref: 418 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Basic 12) The health needs of pregnant inmates are adequately addressed in most prisons.

Answer: FALSE Page Ref: 418 Objective: Describe the issues, challenges, and barriers faced by female inmates.

428

Level: Intermediate

429

13) The main reason why relatives fail to visit incarcerated mothers is lack of care and concern.

Answer: FALSE Page Ref: 419 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 14) Administrative concern over possible homosexual activity in female prisons increases the problems created by institutionalization.

Answer: TRUE Page Ref: 421-422 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 15) Homosexuality appears to be more prevalent in male prisons than in female facilities.

Answer: FALSE Page Ref: 422 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 16) Co-gender institutions allow daily interaction between male and female inmates.

Answer: TRUE Page Ref: 423 Objective: Explain the concept of co-gender institutions.

Level: Basic 17) Female prisons tend to offer inside-the-walls treatment programs that have been shown to have long-term effectiveness in reducing recidivism.

Answer: FALSE Page Ref: 424 Objective: Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 18) Community corrections programs are appropriate for female offenders because they are rarely violent.

Answer: TRUE Page Ref: 424 Objective: Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Basic

430

17.3 Fill in the Blank 1) The first point at which the female offender generally comes into contact with the criminal justice system is the point of ________.

Answer: arrest Page Ref: 409 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 2) Judges showing a(n) ________ attitude tend to treat female offenders more leniently.

Answer: paternalistic Page Ref: 410 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 3) Drug-addicted women tend to have other ________ conditions, such as medical or mental health problems.

Answer: coexisting Page Ref: 411 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 4) It appears that females arrested for violent crimes are becoming less likely to receive more lenient or ________ treatment by the criminal justice system.

Answer: preferential Page Ref: 414 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Basic 5) When comparing racial groups, ________ women have the highest rate of incarceration.

Answer: Black Page Ref: 414 Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Intermediate 6) Female inmates are least likely to be housed in ________-security prisons.

Answer: maximum Page Ref: 416 Objective: Summarize the characteristics and trends of the adult female prison population.

431

Level: Basic

432

7) Forcing the separation of the newborn child from the inmate mother can create severe emotional and ________ problems for the infant, as well as causing emotional problems for the mother.

Answer: developmental Page Ref: 419 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 8) For female inmates who have children, prison policies that emphasize family ________ help strengthen the ties for the mother when she is eventually released.

Answer: cohesion Page Ref: 420 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 9) The tendency of prison administrators to redefine natural acts among women as evil and proscribed increases the negative effect of ________ on the long-term female prisoner.

Answer: institutionalization Page Ref: 422 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 10) Female inmates tend to feel a stronger need to create a(n) ________ family within prison.

Answer: pseudo Page Ref: 422 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Intermediate 11) A co-gender institution permits daily ________ between male and female inmates.

Answer: interaction Page Ref: 423 Objective: Explain the concept of co-gender institutions.

Level: Basic 12) ________ sanctions are particularly recommended for women, as they tend to pose little danger to public safety.

Answer: Community Page Ref: 424 Objective: Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate

433

17.4 Matching Match the advantage or justification in Column 1 to the type of program to which it refers in Column 2.

A) Community corrections B) Co-gender institution 1) Provides an additional tool for creating a more normal atmosphere Page Ref: 423-424 Objective: Explain the concept of co-gender institutions; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 2) Avoids legal pressures to provide equal access to programs and services Page Ref: 423-424 Objective: Explain the concept of co-gender institutions; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 3) Provides access to more reasonable risk reduction programs Page Ref: 423-424 Objective: Explain the concept of co-gender institutions; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 4) Reduces damage to inmates whose basic problem is substance abuse Page Ref: 423-424 Objective: Explain the concept of co-gender institutions; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 5) Expands career opportunities for female offenders Page Ref: 423-424 Objective: Explain the concept of co-gender institutions; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate 6) Reduces the cost to the state Page Ref: 423-424 Objective: Explain the concept of co-gender institutions; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Intermediate Answers: 1) B 2) B 3) A 4) A 5) B 6) A

434

17.5 Essay 1) Discuss the relationship between female prisoners and prior abuse.

Answer: Relative to the general population, female prisoners are disproportionately likely to have been abused in their past. Over half of all female jail and prison inmates reported prior sexual abuse and prior physical or sexual abuse is one of the most common co-existing conditions found in drug-abusing female offenders. Conversely, less than 10% of male inmates experienced prior physical or sexual abuse. Prior abuse by a spouse, family member, parent, or significant other creates significant consequences for the abused. Among women, childhood and adult victimization is frequently a precursor to female criminality.

Page Ref: Throughout Objective: Summarize the characteristics and trends of the adult female prison population.

Level: Difficult 2) Why does pregnancy in prison represent special challenges for the inmate as well as the correctional facility?

Answer: Pregnant inmates need special diets, lighter work assignments, supportive programs, and a less stressful environment. They also require ongoing gynecological and obstetrical care and support, and programs are necessary for miscarriages, premature birth, and deliveries. Forced separation policies, which until recently were the norm, can create severe emotional problems for the mother as well as severe emotional and developmental problems for the infant. Answers may discuss prison programs that allow young infants to remain with their mothers as well as programs that provide classes in parenting and child development.

Page Ref: 418-419 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Difficult 3) Why are community corrections programs considered appropriate for female offenders?

Answer: Most female offenders pose little danger to public safety. It appears that substance abuse underlies much of their criminal behavior and incarcerating offenders whose basic problem is substance abuse can cause significant damage to the offenders and their families. Treatment programs in female prisons tend to be limited and are not effective in the long term. More reasonable risk reduction programs that address the underlying problems that led to the female offender's involvement in crime generally are available in the community rather than in prison. Because female offenders are rarely violent and therefore rarely a danger to society, managing them in the community is a viable option.

Page Ref: 424 Objective: Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Difficult

435

17.6 Critical Thinking 1) Discuss the advantages of allowing inmates with infants/young children to keep their children with them for the length of their incarceration. Do you agree with this? Support your response.

Answer: Answers will vary but should discuss the impact of forced separation on the mother and child, the family-oriented nature of female inmates as compared to males, the significant of children in the lives of female inmates, and the importance of contact with children to inmate mothers. Answers may also discuss some prison programs that allow young inmates to remain with their mothers, such as Washington State's nursery program at Gig Harbor and the Community Prisoner Mother Program in California. Answers should also discuss the student's views on this issue.

Page Ref: 418-419 Objective: Describe the issues, challenges, and barriers faced by female inmates.

Level: Difficult 2) As a matter of policy, should elderly women who have committed nonviolent offenses receive alternative sanctions, in lieu of prison sentences? Explain your answer.

Answer: Answers will vary but should discuss the various issues relating to aging in prison, including the high costs involved in caring for elderly prisoners and the risks of lawsuits if correctional action is not taken. Answers also should discuss the use of community corrections programs for female offenders and the limited risks involved in imposing community sanctions on nonviolent elderly female offenders, rather than incarcerating them.

Page Ref: 420-421, 424 Objective: Describe the characteristics of female inmates and issues, challenges, and barriers faced by female inmates; Draw appropriate conclusions concerning the use of community corrections for female offenders.

Level: Difficult

436

Corrections in America: An Introduction, 15e (Allen) Chapter 18 Juvenile Offenders and Facilities 18.1 Multiple Choice 1) Which of the following was not one of the assumptions made by the English common law concerning age and criminal responsibility?

A) Offenders aged 14 or older were assumed to be responsible for their acts and deserving of punishment.

B) Children under the age of 7 were presumed to be incapable of holding criminal intent.

C) Children aged 10 and older were not held responsible as long as they could prove they could not distinguish between right and wrong.

D) Children between the ages of 7 and 14 were not held responsible unless the state could prove they could distinguish between right and wrong.

Answer: C Page Ref: 432 Objective: Outline the development of the juvenile justice system.

Level: Intermediate 2) The term that refers to the legal philosophy by which the state assumes the role of the parent of the child is A) padre.

B) chancery.

C) parens patriae.

D) ward of the state.

Answer: C Page Ref: 432 Objective: Outline the development of the juvenile justice system.

Level: Basic 3) At what age does crime appear to peak before beginning to decline with age?

A) 14 B) 17 C) 19 D) 24 Answer: B Page Ref: 433 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic

437

4) The crime that has highest percentage of arrests involving juvenile offenses is A) larceny-theft.

B) arson.

C) burglary.

D) homicide.

Answer: B Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Intermediate 5) Children who have allegedly committed an offense that would be classified as a crime if an adult had committed the same offense are A) dependents.

B) delinquents.

C) unruly juveniles.

D) neglected children.

Answer: B Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 6) Which of the following is a status offense?

A) Shoplifting B) Purse snatching C) Curfew violation D) Arson Answer: C Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Intermediate 7) Juveniles who have been declared unmanageable by their parents and the court are A) status offenders.

B) dependent children.

C) neglected juveniles.

D) incorrigible juveniles.

Answer: D Page Ref: 435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic

438

8) In the case of In re Gault, the U.S. Supreme Court ruled that a child alleged to be a juvenile delinquent had which of the following rights?

A) The right to a trial by jury B) The right to counsel C) The right to prepare one's own case D) The right to remain silent during police questioning Answer: B Page Ref: 435 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 9) Which of the following factors has not been found to contribute to disproportionate minority contact in the juvenile justice system?

A) Disproportionate numbers of neglected and dependent children among minority groups B) Institutionalized racism C) Differential command of language competencies D) Biased risk assessment instruments Answer: A Page Ref: 435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Intermediate 10) Which of the following procedural rights currently is not granted to a juvenile in court proceedings?

A) The right to confront and cross-examine witnesses B) The right to counsel C) The right to be considered innocent until delinquency is proven beyond a reasonable doubt D) The right to a trial by jury Answer: D Page Ref: 436 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 11) Which of the following punishments would not violate recent Supreme Court rulings regarding severe punishments for juveniles?

A) Capital punishment B) A sentence of life imprisonment without parole for the crime of homicide C) A mandatory sentence of life imprisonment without parole for the crime of homicide D) A sentence of 50 years without parole for the crime of rape Answer: C Page Ref: 437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 439

12) ________ programs function to direct juveniles out of the juvenile justice system and into other approved programs, as a way of avoiding formal contact with the juvenile court.

A) Diversion B) Decriminalization C) Deinstitutionalization D) Decarceration Answer: A Page Ref: 437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Basic 13) Which of the following is an example of decriminalization?

A) Removing a large number of juveniles from custody as possible by closing the facility B) Reducing from the scope of law a type of behavior that is currently proscribed C) Removing a juvenile from further involvement with the justice system in return for approved behaviors D) Returning patients from mental hospitals into the community Answer: B Page Ref: 437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 14) A statutory exception to the basic age criteria that puts the juvenile under the jurisdiction of the adult criminal court is known as A) direct filing.

B) chancery.

C) juvenile waiver.

D) statutory exclusion.

Answer: D Page Ref: 438 Objective: Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Level: Intermediate 15) A prosecutor may use a ________ to refer a case to an adult criminal court rather than a juvenile court.

A) concurrent jurisdiction B) diversion C) statutory exclusion D) direct filing Answer: D Page Ref: 438 Objective: Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Level: Intermediate 440

16) ________ refers to a situation in which a juvenile is under the jurisdiction of both the juvenile and criminal courts.

A) The dual court system B) Concurrent jurisdiction C) A statutory exclusion D) Decriminalization Answer: B Page Ref: 438 Objective: Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Level: Intermediate 17) Research into the effects of transferring juveniles to adult court has shown all but which of the following?

A) Transferred juveniles are more likely to recidivate than those who remain in the juvenile justice system.

B) Transferred juveniles are more likely to be arrested for more serious offenses than those who remain in the juvenile justice system.

C) Transferred juveniles are more likely to be incapacitated than those who remain in the juvenile justice system.

D) Transferred juveniles are more likely to recidivate at a higher rate than those who remain in the juvenile justice system.

Answer: C Page Ref: 439 Objective: Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Level: Intermediate 18) Which of the following statements regarding the juvenile crime problem is false?

A) Juvenile crime increased significantly during the 1980s.

B) There has been a significant decline in the juvenile crime rate since the early part of the 21st century.

C) The juvenile courts have moved away from the get tough attitude towards violent juvenile crime.

D) The United States is suffering from an outbreak of crime reduction.

Answer: C Page Ref: 425-426 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Intermediate

441

19) Which of the following programs does not work with youthful offenders?

A) Structured social learning programs B) Cognitive behavioral programs C) Family based interventions D) Nondirective interventions Answer: D Page Ref: 442 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 20) ________ approaches to treating juvenile offenders included structured social learning programs teaching juveniles new skills and reinforcing behavior and attitudes.

A) Medicinal B) Psychological C) Behavioral D) Clinical Answer: C Page Ref: 442 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 21) Which program designed to reduce juvenile delinquency may actually lead to increased rates of recidivism?

A) Drug prevention classes B) Boot camps C) Fostering self-regard D) Home detention with electronic monitoring Answer: B Page Ref: 442 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 22) Which of the following is not considered to be a promising approach for dealing with youth gang problems?

A) Vertical prosecution B) Hot spot patrol C) Safe zones around schools D) Drug education programs Answer: D Page Ref: 443 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Basic

442

23) Which of the following statements regarding super-predators is true?

A) Super-predators have contributed to the recent increase in violent juvenile crime.

B) Treating juvenile super-predators as adults will reduce recidivism.

C) The youth super-predator has not appeared.

D) Youth account for a large proportion of overall crime.

Answer: C Page Ref: 445 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 24) ________ justice is designed to repair the harm to victims, the community and the offender caused by the offender's criminal act.

A) Traditional B) Retributive C) Restorative D) Juvenile Answer: C Page Ref: 445 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Basic 25) Which of the following is an example of restorative justice?

A) Teen court B) Juvenile court C) Chancery court D) Decriminalization Answer: A Page Ref: 445 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Basic 26) The most common type of juvenile facility is a A) detention center.

B) reception center.

C) training school.

D) residential treatment center.

Answer: D Page Ref: 448 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate

443

27) A ________ is a residential placement option with a homelike setting where unrelated youth live for varying periods of time.

A) detention center B) group home C) residential treatment center D) training school Answer: B Page Ref: 449 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 28) Where are youth who are being held pending a hearing in juvenile court likely to be placed?

A) Detention center B) Group home C) Training school D) Boot camp Answer: A Page Ref: 450 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 29) What is the primary reason behind the effort to reduce the use of juvenile detention?

A) The cost to the state is extremely high.

B) Even a short stay in detention can have a harmful effect on youth.

C) Detaining a juvenile prior to a hearing in juvenile court is a violation of the juvenile's due process rights.

D) The conditions in most juvenile detention centers violates the 8th Amendments protections against cruel and unusual punishment.

Answer: B Page Ref: 450 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 30) The juvenile equivalent of the adult prison is the A) juvenile detention center.

B) group home.

C) training school for youth.

D) community correctional facility.

Answer: C Page Ref: 452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic

444

31) Which program was designed to reduce the number of youth held in Ohio institutions by providing grants for local community programming?

A) New Directions B) RECLAIM C) Second Chance D) Juvenile Detention Alternatives Initiative Answer: B Page Ref: 457 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Basic 32) According to research, recidivism rates were lowest for youth in which type of placement?

A) A RECLAIM program B) A community corrections facility C) A juvenile correctional facility D) There was no difference in recidivism based on type of placement.

Answer: A Page Ref: 457-458.

Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Intermediate 18.2 True-False 1) English common law assumes children under the age of seven to be incapable of criminal intent.

Answer: TRUE Page Ref: 432 Objective: Outline the development of the juvenile justice system.

Level: Basic 2) Involvement in crime tends to peak at around age 17 before declining.

Answer: TRUE Page Ref: 433 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 3) During the 21st century, the juvenile crime rate has steadily increased.

Answer: FALSE Page Ref: 433 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 445

446

4) A status offender is a juvenile who has committed an offense that would be a crime if an adult had committed it.

Answer: FALSE Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 5) An incorrigible juvenile has been declared unmanageable by their parents and the court.

Answer: TRUE Page Ref: 435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 6) In the case of In re Gault, the Supreme Court ruled that juveniles have the right to counsel.

Answer: TRUE Page Ref: 435 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 7) In the case of Roper v. Simmons, the Supreme Court held that it is unconstitutional to sentence a juvenile to life imprisonment without parole.

Answer: FALSE Page Ref: 436 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 8) Diversion involves changing the classification of a behavior so that it is no longer a crime.

Answer: FALSE Page Ref: 437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Basic 9) Current social views suggest that status offenders should be placed in secure juvenile detention centers because of the age of the offender.

Answer: FALSE Page Ref: 437-438 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Intermediate

447

10) A prosecutor may use a direct filing to refer a juvenile to an adult criminal court for trial.

Answer: TRUE Page Ref: 438 Objective: Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Level: Basic 11) Military-style boot camps have been effective in reducing recidivism among juveniles.

Answer: FALSE Page Ref: 442 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Basic 12) Research on programs for youth has found that the most effective approaches are behavior interventions.

Answer: TRUE Page Ref: 442 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 13) Vertical prosecution is considered an ineffective method for dealing with hard-core youth gang members.

Answer: FALSE Page Ref: 443 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 14) Youthful super-predators never emerged despite the predictions of criminologist and the media.

Answer: TRUE Page Ref: 445 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Basic 15) Teen courts focus mainly on first-time juvenile offenders who have committed nonviolent crimes.

Answer: TRUE Page Ref: 445 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Basic 16) Juvenile group homes tend to be less restrictive than juvenile detention centers.

Answer: TRUE Page Ref: 449 Objective: Describe the types of facilities that house juvenile offenders.

448

Level: Basic 17) After arrest, youth who are not released generally will be held in a group home while awaiting a hearing or case disposition.

Answer: FALSE Page Ref: 450 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 18) Training schools for youth provide community-based vocational training for youth to help them learn job skills.

Answer: FALSE Page Ref: 452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate 19) Training schools tend to resemble adult prisons in many ways.

Answer: TRUE Page Ref: 452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 20) The reduction in the number of incarcerated youth is partly due to a focus on keeping youth in the community instead of institutionalizing them.

Answer: TRUE Page Ref: 457 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Basic 21) Institutions are the most successful method of handling juvenile offenders at the current time.

Answer: FALSE Page Ref: 459 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Basic

449

18.3 Fill in the Blank 1) Under the philosophy of parens ________, the state assumes the duty to protect juveniles and assumes the role of the parent.

Answer: patriae Page Ref: 432 Objective: Outline the development of the juvenile justice system.

Level: Basic 2) Children who are ________ are not receiving the proper care that should be given by parents and guardians.

Answer: neglected Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 3) A juvenile who commits an act that is a crime only when committed by a juvenile is a(n) ________ offender.

Answer: status Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 4) The Supreme Court held that it is unconstitutional to sentence a juvenile to life imprisonment without parole for any crime other than homicide in ________ v. Florida.

Answer: Graham Page Ref: 436 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 5) The halting or suspension of a juvenile from further involvement with the justice system in return for approved behaviors is known as ________.

Answer: diversion Page Ref: 437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Basic 6) Removing juveniles from custody and treating them in an open environment is known as ________.

Answer: decarceration Page Ref: 423 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Basic

450

7) Direct filing is a decision by the ________ to refer a juvenile to adult criminal court.

Answer: prosecutor Page Ref: 438 Objective: Explain how juveniles may be transferred to adult court and describe issues regarding juvenile offenders in adult criminal courts.

Level: Intermediate 8) An aggressive juvenile offender believed to be engaged in frequent and dangerous behavior is referred to as a super-________.

Answer: predator Page Ref: 430 Objective: Explain the public's perception of violence and restorative justice.

Level: Intermediate 9) A group home is a staff-secured ________ placement option that does not place too many restrictions on how youth can interact with the community.

Answer: residential Page Ref: 449 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 10) Arrested juveniles who are waiting for a parent to pick them up will be held in a juvenile ________ center.

Answer: detention Page Ref: 450 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 11) A(n) ________ correctional facility is a form of residential treatment program found in Ohio.

Answer: community Page Ref: 451 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 12) Training schools for youth are the equivalent of the adult ________.

Answer: prison Page Ref: 452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Basic 13) Court ________ is one reason for the recent decline in the number of youth incarcerated in juvenile facilities.

Answer: intervention Page Ref: 457 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

451

Level: Basic 14) ________ are the most expensive and least successful method of handling juvenile offenders.

Answer: Institutions Page Ref: 459 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Basic

452

18.4 Matching Match the category of juvenile offender in Column 1 with its definition in Column 2.

A) Child who is not receiving proper care from parents or guardians B) Child who has no parents or guardians or whose parents cannot provide adequate support C) Declared unmanageable by their parents and the courts D) Child who committed an act that would be a crime if committed by an adult E) Child who committed an act that is a crime only when committed by a juvenile 1) Status offenders Page Ref: 434-435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 2) Incorrigible juveniles Page Ref: 434-435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 3) Neglected juveniles Page Ref: 434-435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 4) Dependent juveniles Page Ref: 434-435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic 5) Delinquent juveniles Page Ref: 434-435 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Basic Answers: 1) E 2) C 3) A 4) B 5) D

453

Match the Supreme Court case in Column 1 with its ruling in Column 2.

A) Alleged delinquents are entitled to some basic constitutional rights in juvenile court B) Juveniles cannot be sentenced to life imprisonment without parole for nonhomicide offenses C) Mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders D) Courts must provide essential due process when transferring juveniles to adult court E) It is unconstitutional to impose capital punishment for a crime committed when the offender was under 18 6) Kent v. United States Page Ref: 435-437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 7) In re Gault Page Ref: 435-437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 8) McKeiver v. Pennsylvania Page Ref: 435-437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 9) Roper v. Simmons Page Ref: 435-437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 10) Graham v. Florida Page Ref: 435-437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 11) Miller v. Alabama Page Ref: 435-437 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate Answers: 6) D 7) A 8) F 9) E 10) B 11) C

454

Match the term in Column 1 with its meaning in Column 2.

A) Halting or suspending a juvenile from further involvement with the justice system B) The move away from putting status offenders in secure institutional settings C) The removal or reduction of the criminal classification or status of a formerly criminal act D) Removing juveniles from custody and treating them in an open environment 12) Diversion Page Ref: 422-423 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 13) Deinstitutionalization Page Ref: 422-423 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 14) Decarceration Page Ref: 422-423 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate 15) Decriminalization Page Ref: 422-423 Objective: Summarize juvenile rights and the cases that have impacted them.

Level: Intermediate Answers: 12) A 13) B 14) D 15) C

455

Match the type of juvenile facility in Column 1 to its description in Column 2.

A) A secure correctional facility that is the equivalent of the adult prison B) An institution to house youth suspected of a juvenile offense while awaiting a hearing or case disposition C) A residential institution found in Ohio that offers youth a wide range of programs and services D) A facility for youth with significant psychological or behavioral problems who do not require commitment in a secure correctional facility E) A staff-secured residential placement option in a homelike setting where a small number of unrelated youth live for varying time periods 16) Group home Page Ref: 449-452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate 17) Juvenile detention center Page Ref: 449-452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate 18) Residential treatment center Page Ref: 449-452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate 19) Training school Page Ref: 449-452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate 20) Community correctional facility Page Ref: 449-452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate Answers: 16) E 17) B 18) D 19) A 20) C

456

18.5 Essay 1) Explain the concept of a status offender and give examples of offenses that apply only to juvenile offenders.

Answer: Status offenders are juveniles who have committed an offense that is a law violation only by virtue of the offender's age; the act would not be criminal if committed by an adult. Examples of status offenses include curfew violations, defiance, violation of curfew, running away, truancy, repeated use of alcoholic beverages, and refusal to conform to parental guidance.

Page Ref: 434 Objective: Summarize trends in juvenile crime and categories and characteristics of juvenile offenders.

Level: Intermediate 2) Describe which types of programs for youth are most effective in reducing delinquent behavior.

Answer: Answers may vary but should focus on behavior interventions, in which offenders learn to replace delinquent behavior through prosocial modeling and reinforcement. These include structured social programs teaching new skills and reinforcing behavior and attitudes; cognitive behavioral programs; and family-based interventions.

Page Ref: 441-442 Objective: Outline the development of the juvenile justice system.

Level: Intermediate 3) What is a super-predator and how has the concept affected criminal justice?

Answer: Answers may vary but should define super-predators as aggressive juvenile offenders believed to engage in frequent and dangerous behaviors, and should explain that they have not actually emerged. However, the belief in their existence led to the passage of new laws and affected the public's belief that the juvenile crime rate was increasing and that juveniles accounted for a large proportion of overall crime.

Page Ref: 445 Objective: Explain the public's perception of juvenile violence and restorative justice.

Level: Intermediate 4) List and describe the four main types of facilities that house juvenile offenders.

Answer: Answers will vary but must define the four facilities: group homes, juvenile detention centers, residential treatment centers, and training schools for youth.

Page Ref: 449-452 Objective: Describe the types of facilities that house juvenile offenders.

Level: Intermediate

457

5) Explain why the number of incarcerated youth has decreased in recent years and why states are attempting to continue to reduce the number of juveniles housed in juvenile facilities.

Answer: Answers will vary but should identify the various reasons given for the decline in the number of incarcerated juveniles, including a lower youth crime rate, court intervention, increased public support for alternatives, budget cuts, and strategies focusing on community placement. States are focusing on reducing the number of incarcerated youth because institutions are the most expensive and least successful method of handling juvenile offenders. Research suggests that juveniles in more restrictive placements tend to have significantly higher rates of recidivism than those who are handled in the community.

Page Ref: 457-459 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Difficult 18.6 Critical Thinking 1) Identify several risk factors that contribute to serious, violent, and chronic juvenile crime and explain strategies for addressing these.

Answer: Answers may vary. Research has identified a variety of risk factors, including weak family attachments, lack of consistent discipline, physical abuse and neglect, poor school performance, delinquent peer groups, substance abuse, and high-crime neighborhoods. Strategies for preventing and reducing at-risk behavior and juvenile delinquency include strengthening families; supporting core social institutions; promoting prevention strategies that reduce the impact of negative risk factors and enhance protective factors; immediate intervention; graduate sanctions; and a focus on serious, violent, and chronic juvenile offenders. The most effective approaches appear to be behavioral in nature.

Page Ref: 441-443 Objective: List the categories and characteristics of juvenile offenders.

Level: Intermediate 2) Identify some of the challenges that may be faced by a state attempting to develop strategies to reduce commitments and keep youth in the community.

Answer: Answers will vary but should discuss public concerns about community programming, as compared to housing juveniles in secure facilities.

Page Ref: 457-459 Objective: Explain some of the ways states are attempting to reduce the number of youth housed in training facilities.

Level: Difficult

458

Corrections in America: An Introduction, 15e (Allen) Chapter 19 Special-Category Offenders 19.1 Multiple Choice 1) In the 1970s, there was a focus on the ________ of mentally ill inmates of asylums.

A) decriminalization B) transinstitutionalism C) deinstitutionalization D) institutionalization Answer: C Page Ref: 468 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Basic 2) After being released from asylums, many mentally ill individuals eventually ended up in jail or prison, a process known as A) decriminalization.

B) transinstitutionalism.

C) deinstitutionalization.

D) institutionalization.

Answer: B Page Ref: 468 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Basic 3) Which of the following individuals would be most likely to use mental health services while in prison?

A) A white male offender B) A white female offender C) A black male offender D) A black female offender Answer: B Page Ref: 469 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate

459

4) Which of the following best describes the defense of "not guilty by reason of insanity?"

A) Offenders do not deny committing the crime but claim they lacked the capacity to understand the nature of the crime or that it was wrong.

B) Offenders claim that they are unable to understand the charges against them or cooperate with legal counsel in preparing their defense.

C) Offenders enter a plea acknowledging guilt but asserting a lack of capacity to understand the nature of the act or that it was wrong.

D) Offenders claim that they became mentally ill while incarcerated and are not fit to stand trial.

Answer: A Page Ref: 470 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 5) The legal defense that claims a defendant is unable to understand the charges or assist legal counsel in preparing a defense is A) guilty but mentally ill.

B) criminally insane.

C) incompetent to stand trial.

D) not guilty by reason of insanity.

Answer: C Page Ref: 470 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 6) Which of the following individuals would not be housed in an asylum for the criminally insane?

A) A defendant who was found not guilty by reason of insanity B) A convicted offender who became mentally ill while serving a prison sentence C) A convicted offender who unsuccessfully attempted the defense of not guilty by reason of insanity D) A person who was found incompetent to stand trial Answer: C Page Ref: 470-471 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 7) A plea entered by the offender acknowledging guilt but asserting a lack of capacity to understand the nature of the act or that it was wrong is A) incompetent to stand trial.

B) not guilty by reason of insanity.

C) guilty but mentally ill.

D) criminally insane.

Answer: C Page Ref: 471 Objective: Summarize the issues regarding offenders who are mentally ill.

460

Level: Intermediate 8) A ________ individual is legally sane but has an IQ score of 69 or below.

A) guilty but mentally ill B) mentally incompetent C) mentally disturbed D) developmentally challenged Answer: D Page Ref: 472 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Basic 9) While in the prison system, developmentally challenged offenders are at greater risk of becoming a victim of A) homicide.

B) sexual harassment.

C) theft.

D) sexual assault.

Answer: B Page Ref: 473 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Basic 10) In the case of ________, the Supreme Court held that prisons are required to provide treatment to developmentally challenged inmates.

A) Ruiz v. Estellez B) Panetti v. Quarterman C) Green v. Johnson D) Atkins v. Virginia Answer: A Page Ref: 473-474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Basic 11) Which of the following is not a right or protection given to developmentally challenged inmates by the Supreme Court?

A) The protection against being executed B) The right to special education C) The right to treatment D) The right to participate in a special court program Answer: D Page Ref: 473-474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

461

Level: Basic

462

12) Which of the following is not one of the types of sex offenses that accounts for the majority of treatment program participants?

A) Incest B) Prostitution C) Exhibitionism D) Sexually motivated breaking and entering Answer: B Page Ref: 475 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 13) Which of the following statements regarding sex offenders in treatment programs is true?

A) The majority are heterosexual.

B) The majority are over 50 years of age.

C) About one-third of the offenders are women.

D) Most homosexual participants are there for the violent sexual assault of a child.

Answer: A Page Ref: 476 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 14) Which of the following is not part of the sorting process that distinguishes sex offenders enrolled in treatment programs from other sex offenders?

A) The offender must be apprehended, prosecuted, and found guilty to be placed in a treatment program.

B) The offender must be placed on probation or receive a suspended sentence.

C) The offense must be reported for the offender to be placed in a treatment program.

D) The offender must be considered suitable for treatment by the program.

Answer: B Page Ref: 476-477 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 15) Research into the use of GPS technology to monitor high-risk sex offenders found that A) GPS monitoring is more expensive but also more effective than traditional parole supervision.

B) GPS monitoring is more expensive and less effective than traditional parole supervision.

C) GPS monitoring is less expensive and more effective than traditional parole supervision.

D) although GPS monitoring is more expensive than traditional parole supervision, there is no difference in the effectiveness of the two methods.

Answer: A Page Ref: 477-478 Objective: Summarize the issues regarding sex offenders.

463

Level: Intermediate

464

16) What do sexual predator laws permit?

A) Nothing — the Supreme Court has held these laws to be unconstitutional.

B) The involuntary chemical castration of compulsive sex offenders C) Sentences of mandatory life imprisonment for habitual violent sex offenders with multiple convictions D) The involuntary commitment of serious sex offenders to mental health facilities upon completion of their sentence Answer: D Page Ref: 479 Objective: Summarize the issues regarding sex offenders.

Level: Basic 17) Which of the following statements regarding HIV transmission in prison is false?

A) Medical personnel in prisons need to develop infection control policies for HIV. B) Condom distribution strategies have been widely adopted in U.S. correctional systems.

C) HIV transmission among correctional inmates has occurred.

D) A wide variety of high-risk behaviors for HIV transmission occur in correctional facilities.

Answer: B Page Ref: 480 Objective: Explain how AIDS and infectious diseases have affected prisons.

Level: Intermediate 18) What is the best single approach for managing HIV infections in correctional institutions?

A) Infection control policies B) Condom distribution in prisons C) Educational programs for inmates D) Early release of infected inmates Answer: C Page Ref: 481 Objective: Explain how AIDS and infectious diseases have affected prisons.

Level: Basic 19) Which group of inmates has the highest rate of AIDS-related deaths in prison?

A) African American inmates B) White inmates C) Asian inmates D) Hispanic or Latino inmates Answer: A Page Ref: 482 Objective: Explain how AIDS and infectious diseases have affected prisons.

Level: Basic

465

20) A ________ inmate has a gender identity different from the sex assigned at birth.

A) transgender B) homosexual C) geriatric D) gender-confirmed Answer: A Page Ref: 482 Objective: Explain how prison officials handle transgender inmates.

Level: Basic 21) What has the federal court ruled with respect to transgender inmates?

A) Transgender inmates must be housed in a prison appropriate for their birth sex until after the sex-change process has been completed.

B) The denial of transition-related care is not considered cruel and unusual punishment.

C) Preoperative transgender inmates must be placed in protective housing to reduce the risk of abuse and assault.

D) Transgender inmates have a constitutional right to gender-confirming surgeries.

Answer: D Page Ref: 483 Objective: Explain how prison officials handle transgender inmates.

Level: Intermediate 22) Which special category offender is more likely than other prisoners to have committed crimes such as homicide, manslaughter and sexual offenses?

A) Sex offenders B) Infectious offenders C) Aging offenders D) Developmentally challenged offenders Answer: C Page Ref: 483 Objective: Summarize the issues regarding aging offenders.

Level: Basic 23) Which of the following is not a recommendation for reducing the number of aging prisoners?

A) Repeal truth in sentencing laws.

B) Amend three-strikes laws to require the third strike to be a violent crime.

C) Provide statutory limits on sentences imposed for crimes committed by the elderly.

D) Conditional release of aging prisoners with a low safety risk.

Answer: C Page Ref: 484 Objective: Summarize the issues regarding aging offenders.

Level: Intermediate

466

24) Which of the following statements regarding elderly inmates is false?

A) Elderly inmates are less likely to be imprisoned for robbery and burglary than other prisoners.

B) Elderly inmates are less likely to have committed homicide and sexual offenses than other prisoners.

C) The percentage of elderly inmates in prisons may be significantly greater than their proportions in the general population.

D) Elderly inmates are vulnerable to victimization by younger inmates.

Answer: B Page Ref: 483-484 Objective: Summarize the issues regarding aging offenders.

Level: Intermediate 25) Hypertension, diabetes, cancer, Alzheimer's and emphysema are affecting the need to expand A) recreational programs.

B) geriatric centers.

C) larger infirmaries.

D) health aides.

Answer: B Page Ref: 485 Objective: Summarize the issues regarding aging offenders.

Level: Intermediate 26) Which of the following refers to an elderly person who is sentenced to life with no possibility of parole is a special category offender that will live and die in the prison system long after his or her ability to cause harm to society has passed due to the requiring of extensive medical care?

A) Infectious offender B) Developmentally challenged offender C) Sex offender D) Geriatric prisoner Answer: D Page Ref: 485 Objective: Summarize the issues regarding aging offenders.

Level: Basic

467

19.2 True-False 1) Many mentally ill individuals ended up in prisons and jails as a result of deinstitutionalization.

Answer: TRUE Page Ref: 468 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 2) Male inmates are more likely than female inmates to seek out mental health services during incarceration.

Answer: FALSE Page Ref: 469 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Basic 3) There appears to be a causal link between crime and mental disorder.

Answer: FALSE Page Ref: 460 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 4) An offender who is not guilty by reason of insanity does not deny committing the crime.

Answer: TRUE Page Ref: 470 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 5) The insanity defense is used in approximately 15 percent of all felony cases.

Answer: FALSE Page Ref: 471 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 6) Developmentally challenged inmates have intellectual disabilities but are considered legally sane.

Answer: TRUE Page Ref: 472 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Basic 7) Developmentally challenged inmates are more likely to be denied parole and serve longer terms in prison than others who have committed the same crime.

Answer: TRUE Page Ref: 473 468

Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate 8) In the case of Ruiz v. Estelle, the Supreme Court ruled that developmentally challenged inmates cannot be executed.

Answer: FALSE Page Ref: 473 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate 9) According to the Supreme Court, the state may execute a developmentally challenged offender who committed murder if specific extenuating circumstances are present.

Answer: FALSE Page Ref: 474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate 10) Most sex offenders in treatment programs are heterosexual and committed heterosexual offenses.

Answer: TRUE Page Ref: 476 Objective: Summarize the issues regarding sex offenders.

Level: Basic 11) Chemical castration has been found by the Supreme Court to be a violation of the cruel and unusual punishment clause of the Eighth Amendment.

Answer: FALSE Page Ref: 478 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 12) Involuntary commitment of predatory sex offenders who have served their full sentence of incarceration is unconstitutional.

Answer: FALSE Page Ref: 479 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 13) HIV has been found to have been transmitted from one inmate to another in prison.

Answer: TRUE Page Ref: 479 Objective: Explain how AIDS and infectious diseases have affected prisons.

Level: Basic 469

14) Due to the seriousness of HIV and the risk of infection while in prison, inmates have a right to have access to condoms as a form of protection.

Answer: FALSE Page Ref: 480 Objective: Explain how AIDS and infectious diseases have affected prisons.

Level: Intermediate 15) Male transgender inmates who have not yet gone through sex-change surgery are usually housed in male prisons.

Answer: TRUE Page Ref: 482 Objective: Explain how prison officials handle transgender inmates.

Level: Basic 16) Transgender inmates have a constitutional right to have gender-confirming surgeries while in prison.

Answer: TRUE Page Ref: 483 Objective: Explain how prison officials handle transgender inmates.

Level: Basic 17) The increasing number of geriatric inmates is due to a rise in crime committed by the elderly.

Answer: FALSE Page Ref: 483-484 Objective: Summarize the issues regarding aging offenders.

Level: Intermediate 18) Elderly inmates are more likely than other prisoners to be incarcerated for homicide and sexual offenses.

Answer: TRUE Page Ref: 483 Objective: Summarize the issues regarding aging offenders.

Level: Basic 19) The continued incarceration of geriatric inmates enhances public safety.

Answer: FALSE Page Ref: 484 Objective: Summarize the issues regarding aging offenders.

Level: Basic

470

19.3 Fill in the Blank 1) The deinstitutionalization of the mentally ill and their transfer to criminal justice system facilities is known as ________.

Answer: transinstitutionalism Page Ref: 468 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Basic 2) Offenders who are ________ to stand trial are unable to understand the charges against them or to assist legal counsel in the preparation of their defense.

Answer: incompetent Page Ref: 470 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Basic 3) A criminally ________ inmate may have been found not guilty by reason of insanity or may have become mentally ill while incarcerated.

Answer: insane Page Ref: 470 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 4) After the attempted assassination of President Reagan, some states created ________ but mentally ill statutes to replace the insanity plea.

Answer: guilty Page Ref: 471 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Basic 5) An inmate with an IQ of less than 70 is considered ________ challenged.

Answer: developmentally Page Ref: 472 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Basic 6) According to the Supreme Court, it is unconstitutional to ________ developmentally challenged or incompetent prison inmates.

Answer: execute Page Ref: 474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate

471

7) The Supreme Court recently struck the laws against ________, which often refer to male homosexual acts, when they are applied to consenting adults in private.

Answer: sodomy Page Ref: 475 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 8) Research has found that monitoring high-risk ________ offenders using GPS technology results in a decreased rate of recidivism when compared to inmates on parole supervision.

Answer: sex Page Ref: 477 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 9) ________ commitment laws permit predatory sex offenders to be incarcerated in mental health facilities after their sentence has been served.

Answer: Involuntary Page Ref: 479 Objective: Summarize the issues regarding sex offenders.

Level: Basic 10) The single best approach for managing HIV infections revolves around ________ programs to inform inmates of necessary behaviors.

Answer: educational Page Ref: 481 Objective: Explain how AIDS and infectious diseases have affected prisons.

Level: Basic 11) Inmates that have a gender identity that is different from their assigned sex at birth are known as ________ inmates.

Answer: transgender Page Ref: 482 Objective: Explain how prison officials handle transgender inmates.

Level: Basic 12) The Supreme Court ruling that affirmed the right of transgender inmates to access transition-related care was based on the ________ Amendment.

Answer: Eighth Page Ref: 483 Objective: Explain how prison officials handle transgender inmates.

Level: Intermediate

472

13) Inmates over the age of 55 who generally have physical or mental conditions that may require more extensive medical care and treatment are called ________ inmates.

Answer: elderly Page Ref: 484-485 Objective: Summarize the issues regarding aging offenders.

Level: Basic

473

19.4 Matching Match the court case relating to developmentally challenged offenders in Column 1 with its decision in Column 2 A) Incompetent prison inmates cannot be executed B) Prisons must provide treatment to developmentally challenged inmates C) Developmentally challenged inmates under age 22 have a right to receive special education D) Developmentally challenged inmates cannot be executed 1) Panetti v. Quarterman Page Ref: 473-474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate 2) Ruiz v. Estellez Page Ref: 473-474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate 3) Green v. Johnson Page Ref: 473-474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate 4) Atkins v. Virginia Page Ref: 473-474 Objective: Summarize the issues regarding offenders who are developmentally challenged.

Level: Intermediate Answers: 1) A 2) B 3) C 4) D

474

Match the sex offense in Column 1 with the relevant fact in Column 2.

A) The Supreme Court struck down the application of laws relating to this act to consenting adults in public B) Can involve exploiting a minor if the purpose is sexual gratification C) A crime of power and dominance over women D) Usually committed by someone closely related to the victim by blood, kinship, or marriage 5) Child molestation Page Ref: 475-476 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 6) Heterosexual rape Page Ref: 475-476 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 7) Child abuse Page Ref: 475-476 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate 8) Sodomy Page Ref: 475-476 Objective: Summarize the issues regarding sex offenders.

Level: Intermediate Answers: 5) B 6) C 7) D 8) A

475

19.5 Essay 1) Explain the two ways defendants can attempt to escape criminal responsibility.

Answer: The two methods are to be found not guilty by reason of insanity (NGRI) or to be found incompetent to stand trial. The first, NGRI, involves a defendant who does not deny committing the crime but who lacks the capacity to understand the nature of the crime or that it was wrong. The second is based on the common law criteria that defendants must be able to understand the charges against them and be able cooperate with their counsel in preparing their own defense. A defendant who is found to be incompetent to stand trial usually will be committed to a mental institution until declared competent.

Page Ref: 470 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 2) Discuss the problems involved with attempts to predict the future dangerousness of mentally disordered offenders.

Answer: Answers may vary. One problem is that there is no support for the ability of psychiatrists to accurately predict the likely dangerousness of a patient's future behavior.

The prediction of dangerousness is basically a convention to get an individual to treatment, where the concept of dangerousness is forgotten. However, despite the possible inaccuracy of the prediction, being labeled as potentially dangerous may result in an indefinite or lifelong commitment to a mental institution, as well as placement for custody and treatment in a special area within the institution.

Page Ref: 472 Objective: Summarize the issues regarding offenders who are mentally ill.

Level: Intermediate 3) Explain why it is more expensive to house elderly inmates in prison than other inmates.

Answer: Elderly inmates result in higher costs to correctional facilities for a variety of reasons. They have different nutritional needs and may require special diets that must be provided. They have a variety of medical conditions that may require expensive treatment, such as hypertension, diabetes, stroke, cancer, Alzheimer's disease, and emphysema. They may require procedures such as kidney dialysis or heart surgery and equipment such as denture and glasses. They may also need assistance with physical activities such as dressing, bathing, and using the bathroom. Specially trained staff may be required to treat these offenders and prisons may have to be constructed or renovated because they were not designed for geriatric inmates.

Page Ref: 485-486 Objective: Summarize the issues regarding aging offenders.

Level: Intermediate

476

19.6 Critical Thinking 1) Explain the problems that may result for a prison administrator when housing a transgender inmate and discuss whether you think state correctional departments should be required to initiate transition-related care for an inmate who has not started the process prior to incarceration.

Answer: Answers may vary but should address topics such as the safety of the transgender inmate if housed in the general population and the cost of providing transition-related care, particularly gender-confirming surgeries. Answers should explain the difference between providing hormone treatments to offenders who had begun those treatments prior to incarceration and starting hormone therapy after incarceration based on a transgender diagnosis, discuss whether both should be required, and provide support for the opinion.

Page Ref: 482-483 Objective: Explain how prison officials handle transgender inmates.

Level: Difficult 2) Do you agree with the goal of depopulating elderly inmates from prison? Why or why not? What are the possible disadvantages of this goal?

Answer: Answers may vary but should present the student's opinion on the depopulation of elderly inmates and provide support for that opinion. Answers should also address possible problems with depopulation, such as the potential for recidivism by released offenders and the difficulty in finding community placements for elderly offenders who may be unable to live on their own and may not have family willing or able to care for them.

Page Ref: 483-486 Objective: Summarize the issues regarding aging offenders.

Level: Difficult

477