Corrections An Introduction, 6th edition by Richard P. Seiter Solution Manual with Test Bank

Type:

Solution Manual and Test Bank

Resource:

Corrections An Introduction

Edition:

6th Edition

Author(s):

Richard P. Seiter

Online Instructor’s Manual with Test Bank for

Corrections: An Introduction 6th Edition Richard Seiter

Instructor’s Manual, Testbank, and PowerPoints prepared by Cassandra Atkin-Plunk

Contents To the Instructor Syllabi

iv v

Chapter 1: The History of Crime and Corrections Chapter 2: Sentencing and the Correctional Process Chapter 3: Jails Chapter 4: Probation and Intermediate Sanctions Chapter 5: Prison Systems Chapter 6: Parole and Prisoner Reentry Chapter 7: The Clients of Adult Correctional Agencies Chapter 8: The Juvenile Correctional System Chapter 9: Special Offenders Chapter 10: The Management of Prisons Chapter 11: Prison Life for Inmates Chapter 12: The World of Prison Staff Chapter 13: Custody within a Prison Chapter 14: Treatment and Programs within a Prison Chapter 15: Legal Issues and the Death Penalty Chapter 16: Current and Future Issues in Corrections

1 10 18 25 34 41 50 57 65 73 81 90 97 104 111 121

Test Bank

129

iii

To the Instructor This text covers history, theories, operations, costs, and effectiveness. It goes beyond providing students a historical perspective, an encyclopedia of terms, and general information regarding corrections. In addition, the text emphasizes practice as well as theory; the challenges to accomplishing the mission of correctional agencies; and the roles of the people who work in, are supervised by, or are affected by the correctional process. The goal of this textbook is to help students understand (1) how various factors throughout the historical development of corrections influenced the basic operating foundations of today, (2) the linkage of theory and practice, (3) how correctional policy is developed and enacted, (4) the manner in which current correctional policy is put into practice by correctional agencies, and (5) the difficulty in carrying out the functions of correctional agencies in a cost-efficient manner.

This 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. The goals are to ensure that key points are being learned and to maximize effective student interaction. Here is a list of features: • • • • • • •

Suggested course syllabi for 10- and 16-week courses Chapter overviews Chapter objectives Lecture outlines List of changes/transition guide Additional assignments and class activities Suggested answers to end-of chapter assignments

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. The author always welcomes your comments and recommendations for improvement of future editions.

iv

Syllabi 10-Week Syllabus

CORRECTIONS Term Days/Times Location Professor: Office: Phone: Email: Office Hours: Course Description: The objective of this course is to provide students with an overview of our past and present corrections system, the evolving manner in which inmates have been treated, and the controversies that still remain in the corrections system today.

Students will be expected to utilize critical thinking skills to participate in discussion, and to contribute their opinions and thoughts to the class. By the end of the semester, students should be more knowledgeable about the corrections system and its participants, as well as be aware of the different perspectives of various members of society.

Course Objectives: ➢ Understand the variety of ways society punishes people who break criminal laws ➢ Identify the theoretical underpinnings of correctional systems and understand how correctional practices are shaped by these theories ➢ Explain the benefits, drawbacks and competing considerations involved in different correctional methods ➢ Think critically about our correctional practices and develop informed ideas about how our justice system should respond to people who break the law Required Readings: Seiter, R. (2020). Corrections: An introduction (6th Ed.). Boston, MA: Pearson.

Course Requirements: Exams- There will be three exams. Each exam is worth 100 points. Exams will cover material covered in class from the textbook and other sources. The format for each test could and may contain multiple choice, true/false, short answer, and essays.

v

Missing an exam equates to an automatic zero unless a doctor’s excuse, obituary, or other method of excuse is provided (depending on the event). Forgetting the exam or oversleeping is not a valid excuse.

Make-up exams will only be given with an approved excuse. If you schedule a makeup exam and do not show up for it or call to let me know you cannot make it, you will no longer be able to make up that exam. An excused miss of a make-up exam requires the same type of excuse necessary to reschedule it in the first place.

Course Assignments and Projects (varies per instructor) Attendance Policy (varies per instructor) Academic Integrity Policy (varies per instructor) Class Civility Policy (varies per instructor) Special Testing and Note Taking Requests (varies per instructor) Course Schedule Week 1 2 3 4 5 6 7 8 9 10

Chapter 1 2&3 4&5 6 7&8 9 & 10 11 12 & 13 14 & 15 16

Dates to Remember

Exam #1

Exam #2

Exam #3

vi

Suggested Course Syllabus 16-Week Syllabus

CORRECTIONS Term Days/Times Location Professor: Office: Phone: Email: Office Hours: Course Description: The objective of this course is to provide students with an overview of our past and present corrections system, the evolving manner in which inmates have been treated, and the controversies that still remain in the corrections system today.

Students will be expected to utilize critical thinking skills to participate in discussion, and to contribute their opinions and thoughts to the class. By the end of the semester, students should be more knowledgeable about the corrections system and its participants, as well as be aware of the different perspectives of various members of society.

Course Objectives: ➢ Understand the variety of ways society punishes people who break criminal laws ➢ Identify the theoretical underpinnings of correctional systems and understand how correctional practices are shaped by these theories ➢ Explain the benefits, drawbacks and competing considerations involved in different correctional methods ➢ Think critically about our correctional practices and develop informed ideas about how our justice system should respond to people who break the law Required Readings: Seiter, R. (2020). Corrections: An introduction (6th Ed.). Boston, MA: Pearson.

Course Requirements: Exams- There will be three exams and a final exam. Each exam is worth 100 points.

Exams will cover material covered in class from the textbook and other sources. The final exam will cover all the material covered in the class and will be based off of past test questions. The format for each test could and may contain multiple choice, true/false, short answer, and essays.

vii

Missing an exam equates to an automatic zero unless a doctor’s excuse, obituary, or other method of excuse is provided (depending on the event). Forgetting the exam or oversleeping is not a valid excuse.

Make-up exams will only be given with an approved excuse. If you schedule a makeup exam and do not show up for it or call to let me know you cannot make it, you will no longer be able to make up that exam. An excused miss of a make-up exam requires the same type of excuse necessary to reschedule it in the first place.

Course Assignments and Projects (varies per instructor) Attendance Policy (varies per instructor) Academic Integrity Policy (varies per instructor) Class Civility Policy (varies per instructor) Special Testing and Note Taking Requests (varies per instructor) Course Schedule Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Chapter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Dates to Remember

Exam #1

Exam #2

Exam #3

Final Exam

viii

Chapter 1 History of Crime and Corrections CHAPTER OVERVIEW This chapter includes several topics as we begin our study of corrections. Students receive an overview of what corrections is, how it links to the rest of the criminal justice system, and why it is important to study corrections. Each correctional goal is described in the chapter, and students can realize how correctional practices and various sentences emphasized certain goals over others during various eras of prison and community correctional operations. The purpose of this chapter is to create a foundation of history and theory so that, as current policies and practices are described, students can link these to theories and goals in order to critically consider the overall effectiveness and public value of correctional policy.

CHAPTER OBJECTIVES 1. Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

2. Outline the growth of corrections over the past three decades and describe why the scope of correctional budgets, staffing, and clients makes it important for students to study corrections.

3. Contrast the Classical School with the Positive School of criminology.

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

5. Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

6. Describe prison development from the Reformatory Era to the Modern Era. 7. Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

LECTURE OUTLINE •

Defining Corrections o What is Corrections?

▪ Corrections: range of community and institutional sanctions, treatment programs, and services for managing criminal offenders o The Mission of Corrections ▪ Protect society through surveillance and control of offenders, of treatment and rehabilitative services, and of incapacitation during prison sentence o Corrections as a Part of the Criminal Justice System ▪ Three major components of the criminal justice system: police, courts, and corrections. o The Correctional Funnel and Correctional Policy ▪ The correctional system in reality handles an extremely small percentage of criminals, and an even smaller number is sentenced 1

•

•

•

to prison. The correctional funnel is a term used to describe this phenomenon; there is a large numerical difference between the number of crimes reported and the number of offenders convicted and facing a term in prison.

▪ The development of correctional policy is the process that includes considering the mission and role, relevant information, and the best interests of the public (in terms of issues such as safety and cost), and then deciding what broad approaches to take to best meet the goal of protecting society.

Why Study Corrections? o Corrections is a booming business and the availability of jobs for those seeking a profession in the criminal justice system has increased significantly. o Opportunities for employment include: ▪ Accountant, budget and financial specialist, caseworker, chaplain, computer specialist, correctional officer, facility maintenance worker, food service worker, health care professional, industrial specialist, personnel/human resource manager, probation/parole officer, psychologist, recreation specialist, safety manager, teacher, training instructor o Teaching Note: Invite a person employed in the field of corrections as a guest lecturer.

Theories of Crime and Punishment o Classical School of Criminology ▪ Links crime causation to punishment, based on offenders’ free will and punishment ▪ Cesare Beccaria • Purpose of punishment is utility and prevention of crime ▪ Jeremy Bentham • Hedonistic calculus o Positive School of Criminology ▪ Criminal behavior is predetermined ▪ Cesare Lombroso • Atavism • Evolutionary throwbacks • Genetic dispositions o Neoclassical School of Criminology ▪ Holding offenders accountable while considering mitigating and aggravating circumstances ▪ Rational choice theory ▪ Routine activities theory Early Responses to Crime o Corporal punishment ▪ Torture ▪ Brandings o Transportation 2

▪

•

•

Remove criminals from society by sending them to British colonies o Teaching Note: Ask students if any of these early responses to crime could/should be brought back as a form of punishment.

The Development of the Prison o William Penn and the Quakers created a new penal code ▪ Abolition of capital punishment for crimes other than homicide ▪ Substitution of incarceration with hard labor for brutal torture ▪ Free food and lodging to inmates ▪ Replacement of stocks with house of detention o The Walnut Street Jail ▪ First penitentiary in the United States • Built under Quaker values ▪ Regimen of hard work and reflection for penance ▪ Inmates were kept in solitary confinement for reflection • Bible reading, hard labor, and making handicrafts o The Pennsylvania System ▪ Separate but silent system ▪ Solitary confinement 24/7 ▪ Hard labor in the cell ▪ Movie Note: Show the two minute History Channel clip “Inside Eastern State Penitentiary.” o The Auburn System ▪ Congregate and silent system ▪ Strict discipline ▪ Hard labor outside the cells Prisons throughout the Last Two Centuries o Reformatory Era ▪ Emphasized reformation through education and vocational programs ▪ Significant financial burden for the states o Industrial Prison Era ▪ Inmates worked and produced items ▪ Hawes-Cooper Act and Ashurst-Sumners Act o Period of Transition ▪ Idleness ▪ Lack of programs ▪ Overcrowding ▪ End of the hands-off doctrine with Cooper v. Pate o Rehabilitative Era ▪ Medical model ▪ Reintegration o Retributive Era ▪ Martinson’s “nothing works” ▪ Tough on crime ▪ Isolation from law-abiding citizens 3

•

•

The Sentencing Goals of Corrections o Punishment ▪ Retribution – the infliction of punishment on those who deserve to be punished ▪ Lex talionis – eye for an eye ▪ Solem v. Helm – test of proportionality o Deterrence ▪ General deterrence – deter the general population from crime ▪ Specific deterrence – deter an individual offender from future crime o Incapacitation ▪ Selective incapacitation – incarceration of high risk offenders o Rehabilitation ▪ Recidivism – continuation to commit crime o Restitution ▪ Victims’ movement ▪ Restorative justice o Teaching Note: Ask students what they believe is the current goal of corrections and what should be the current goal of corrections.

Politics and Policy o Tough on crime – an attitude that criminals should be severely punished for their wrongdoings, and long prison sentences are the most effective criminal sanction o Movie Note: Show this three-minute clip from Liberty Learn explaining why the prison population is so large

LIST OF CHANGES/TRANSITION GUIDE No significant changes have been made to Chapter 1.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the early responses to crime, have them discuss whether they believe the public would support any of these forms of punishment today.

• Split students into groups and ask them to come up with examples of specific and general deterrence.

Class Discussions • Ask students what similarities exist between current prisons and the Pennsylvania and Auburn Systems. Ask which system we still use today.

• Ask students how the use of punishment serves the interest of the victim and society. Ask if the use of punishment serves the interest of the offender. If the consensus is “no,” ask if it should.

4

•

Ask students if we should spend resources to attempt to rehabilitate offenders while they are in prison.

Homework • Instruct the students to write a two to three paragraph essay stating what they believe should be the goal of corrections and if they feel the current correctional system is achieving that goal.

• Have students listen to the Dig: A History Podcast on the Auburn System and have them write an essay about what they learned.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. How did the term corrections evolve from the earlier use of the term penology?

Previously, the term penology was used instead of corrections. Penal is defined as pertaining to or imposing punishment and is derived from the Latin term peonalis, meaning “punishment.” Penology is simply the study of punishment. However, this term generally included a much broader focus than simply punishment and effectively covered the theories, activities, and operations of carrying out the criminal sentence, whether in a prison or in the community. During the 1950s, the nation’s penal system evolved such that the rehabilitation of offenders replaced punishment as its primary objective. This philosophical change affected theory and practice, and the term penology was replaced by the term corrections.

2. What is the mission of corrections?

Protect society through surveillance and control of offenders, of treatment and rehabilitative services, and of incapacitation during prison sentence.

3. Describe the correctional funnel.

The correctional system in reality handles an extremely small percentage of criminals, and an even smaller number is sentenced to prison. The correctional funnel is a term used to describe this phenomenon; there is a large numerical difference between the number of crimes reported and the number of offenders convicted and facing a term in prison.

4. What has driven the growth of corrections over the past twenty-five years?

Tough on crime policies, including the implementation of sentencing guidelines, determinate sentencing to replace the use of parole boards, and mandatory sentencing, reducing discretion by judges and correctional professionals, and resulting in an inability to distinguish among offenders by their risk and chance for successful rehabilitation.

5. What types of jobs are available in corrections?

5

Accountant, budget and financial specialist, caseworker, chaplain, computer specialist, correctional officer, facility maintenance worker, food service worker, health care professional, industrial specialist, personnel/human resource manager, probation/parole officer, psychologist, recreation specialist, safety manager, teacher, training instructor 6. List the principles of the Classical School of criminology.

Crime is an injury to society, that prevention (deterrence of crime) is more important than punishment, that the accused have the right to speedy trials and humane treatment, that there should be no secret accusations or torture, that certainty and swiftness of punishment (more than severity) best deter crime, and that imprisonment should be more widely used as a punishment.

7. What is Bentham’s hedonistic calculus?

The idea that the main objective of an intelligent man is to achieve the most pleasure and the least pain, and that individuals are constantly calculating the pluses and minuses of their potential actions.

8. List the principles of the Positive School of criminology.

People sometimes commit acts beyond their control. Criminals had traits that made them throwbacks to earlier stages of evolution: they were not sufficiently developed mentally and had long arms, large amounts of body hair, prominent cheekbones, and large foreheads.

9. What reforms were needed that lead to the creation of prisons in the United States?

Criminal codes were both inhumane and inefficient in that judges often did not follow the criminal codes because they did not want to inflict severe punishments on relatively minor offenders. Replacing the criminal code of the times with a new one that included: abolition of capital punishment for crimes other than homicide; substitution of incarceration with hard labor for brutal torture; free food and lodging to inmates; and replacement of stocks with house of detention 10. Describe the operation of the Walnut Street Jail.

Inmates were kept in individual cells and were not allowed to talk to other inmates in order to avoid moral contamination among prisoners. Administrators of the jail did not want prisoners to even know the identity of other inmates and often put masks on inmates as they moved through the prison to avoid identification that would detract from the reform of prisoners in case they met each other after release. Prisoners were given work such as making handicrafts in their cells during the day, and were encouraged to read the Bible and do penance in the evenings. The overall operating theme was one of hard labor, strict discipline, solitary and silent confinement, and religious study.

6

11. Describe the differences in the Pennsylvania and Auburn systems.

The Auburn prison originally adopted the “separate and silent” system of Pennsylvania, but soon determined that the problems that plagued Pennsylvania were too serious to overcome. In 1823, a modification of the prison began in order to change its unwieldy design and make it more efficient to operate. The major change was in the Pennsylvania emphasis on keeping inmates separate. Auburn officials determined that they would continue to keep inmates in separate cells at night; however, they would allow them to congregate during the day to work in factories to improve the production of goods, which would be resold to cover some of the prison operational costs. The Auburn system was known as the “congregate and silent” system, while the Pennsylvania system was known as the “separate and silent” system.

12. How did the Irish system contribute to modern correctional operations in the United States?

The Irish system used the concept of indeterminate sentencing, emphasizing preparing offenders for release, giving inmates an opportunity to gradually reduce control and work their way to a less restricted environment, and releasing offenders on a conditional basis when administrators determined that they were prepared to return to the community (the first effort to have conditional release, which led to the development of parole). This operation of the Irish system was seen as more humanitarian. In 1870, a group of U.S. prison administrators, politicians, and interested citizens met in Cincinnati and formed the National Prison Association, now known as the American Correctional Association.

In their discussions, they formally adopted the principles of the Irish system, emphasizing reformation rather than suffering, rewards for good behavior, and the use of indeterminate sentences to release prisoners when they were best prepared to become industrious free citizens.

13. What legislative acts influenced the changing operations of prisons?

As the country entered the Great Depression with the crash on Wall Street in 1929, Congress passed two laws to restrict competition from inmate-made goods with the private sector. The Hawes–Cooper Act in 1929 and the Ashurst–Sumners Act in 1935, amended in 1940, severely limited the sale of prison-made products on the open market.

14. How did abandonment of the “hands-off doctrine” affect prison operations?

The U.S. Supreme Court decided Cooper v. Pate (1964) and ended its hands-off doctrine, which had restricted judicial intervention in the operations of prisons and the judgment of correctional administrators. By accepting inmate-filed cases alleging cruel and inhumane punishment under the Fourteenth Amendment to the U.S. Constitution, the Court opened Pandora’s box, and federal courts were flooded with requests by inmates to improve the conditions in most prisons. Things had to change, and resulting reforms included the professionalizing of staff through recruitment and training and implementation of many self-improvement programs to take the place of the industrial work programs.

7

15. In what ways does corrections attempt to rehabilitate offenders?

Corrections attempts to rehabilitate offenders in many ways. First, correctional programs are aimed at trying to reduce offenders’ motivation to commit further crimes.

Correctional agencies offer psychological counseling to help offenders understand the factors that trigger certain behaviors, anger management and other programs to help offenders recognize dangerous situations in which they may act wrongfully, and sensitivity training to get offenders to understand the impact of their criminal actions on victims and their families. Second, correctional programs try to build competencies in offenders that may help them avoid problems that heighten their likelihood of committing crime. Such programs are designed to help offenders to increase their educational level, develop a vocational skill, or reduce the use of drugs or alcohol. Finally, correctional programs may simply have a goal of improving offenders’ decision-making.

16. How does reintegration differ from rehabilitation?

Rehabilitation is a programmed effort to alter the attitudes and behaviors of inmates and improve their likelihood of becoming law-abiding citizens. Reintegration is a belief that after offenders complete their treatment in prison they need transitional care, and that the community must be involved in their successful return to society.

17. Differentiate between specific and general deterrence.

Specific deterrence is the effect of punishment on an individual offender that prevents that person from committing future crimes. General deterrence is the recognition that criminal acts result in punishment, and the effect of that recognition on society that prevents future crimes.

18. What is selective incapacitation?

Selective incapacitation is the incarceration of high-risk offenders for preventative reasons based on what they are expected to do, not what they have already done.

19. How has the victim’s rights movement affected correctional policies and operations?

Over the past twenty years, a victims’ movement became popular and the criminal justice system made many adjustments to include victims. Victim assistance programs were created to support victims during the adjudication process and even arranged transportation to the trial if necessary. Sentencing decisions now record and consider victims’ statements of their losses. Notifications to victims regarding any change in status in the sentence of a criminal (such as a move from one prison to another) are 8

commonplace. Victims are informed of parole hearings and told how they can provide input if desired. And plans for inmates after release are provided to ensure that the victim sees no conflicts or felt threatened by the proposed release.

20. Describe restorative justice.

Restorative justice models of sentencing shift the focus away from reactive, punishmentoriented sentencing, which has no concern for the victim. These models emphasize involving the victim while holding offenders accountable for the harm they caused and finding opportunities for them to repair the damage.

21. What were the drivers of elected officials’ decisions to take discretion away from judges and to also lengthen sentences?

Perhaps the watershed political event regarding politics and criminal justice policy occurred during the 1988 presidential campaign, when the then vice president George Bush successfully used the public’s fear of crime as a campaign tool against his opponent. As candidates for public office saw the effectiveness of “tough on crime” policies and the dangers of being labeled “soft on crime,” campaign promises to keep dangerous offenders in prison longer became the rallying cry for elections across the country, and tougher sentencing laws and funding for prison construction were passed in almost every state.

9

Chapter 2 Sentencing and Correctional Process CHAPTER OVERVIEW Criminal sentencing is one of the most complicated, yet obviously one of the most critical, components of the criminal justice process. Sentencing attempts to meet several distinct yet often overlapping goals and must take into account a variety of factors, laws, and situations. Some consider sentencing the linchpin of the criminal justice system, in that all the presentence activities are designed to lead up to the sentencing decision, and all post-sentence activities are designed to carry out the sentence. This chapter summarizes the pretrial process and describes the forms of release from jail pending trial.

It also summarizes the presentence investigation process and the different types of sentences and sentencing models. The chapter concludes with a discussion of the recent efforts to reform sentencing and the role specialty courts have in the corrections system.

CHAPTER OBJECTIVES 1. Summarize the pretrial process and describe the forms of release from jail pending trial.

2. Describe the role of plea bargaining.

3. Summarize the presentence investigation and how the presentence investigation report is used.

4. Compare the different types of sentences and sentencing models.

5. Describe recent efforts to reform sentencing, the drivers for these reforms, and the outcomes of them.

6. Suggest how drug, mental health, and other specialty courts are positive developments in the sentencing of criminal offenders.

LECTURE OUTLINE •

•

Introduction o Sentencing – the imposition of a criminal sanction by a judicial authority o Felony – crime that is punishable by more than one year in prison o Misdemeanor – crime that is punishable by less than one year in prison Pretrial Correctional Activities o Diversion form the Criminal Justice System ▪ Suspension of criminal process while the offender is provided the chance to participate in treatment programs • Minor offenders and misdemeanor crimes • Voluntary • Ideally results in charge dismissal ▪ Teaching Note: Look up a pre-trial diversion program in your state and show students the qualifications and requirements for completing the program.

10

•

•

o Pretrial Detention in Jail ▪ Preventative detention – detaining an accused person in jail to protect the community from potential criminal behavior • Justified by the 1984 Comprehensive Crime Control Act o Release from Pretrial Detention on Bail ▪ Bail – pledge of money or property in exchange for promise to return for trial process ▪ Surety – person is legally liable for conduct of another ▪ Teaching Note: Have a class discussion on the pros and cons of monetary bail.

▪ Movie Note: Show students the 25-minute Vice video Inside America’s For-Profit Bail System. o Alternatives to Bail ▪ Variety of bond options, including personal recognizance, unsecured bond, percentage bond, surety bond, collateral, thirdparty custody o Pretrial Service Programs ▪ Release on recognizance (ROR) – written promise to return for trial process with no pledge of money • Used for low-level offenders ▪ Manhattan Bail Project – program started in the 1960s to assist judges in identifying individuals who were good candidates to be released on their own recognizance without commercial or monetary bond ▪ Supervised pretrial release (SPTR) programs – supervision of offenders released on their own recognizance, similar to supervision while on probation The Role of Plea Bargaining and Sentencing o Agreement in which the defendant agrees to a plea of guilty in exchange for a reduced sentence ▪ 90% of felony cases result in pleas ▪ Relieves backlogged court system Presentencing Correctional Activities o Presentence investigation (PSI) – report detailing the background of a convicted offender, including criminal and personal history o Purposes of the PSI ▪ Used in sentencing by the court, determining supervision needs during probation, prison classification and determining program needs, making release decisions, and for research purposes. o Collecting Information for the PSI ▪ Information collected through interviews and police and court data o Contents of the PSI ▪ Face sheet, offense details, defendant’s criminal history, offender characteristics, sentencing options, sentences outside of the guideline range

11

▪

•

•

Victim impact statement and sentencing recommendation are the two most important pieces of information The Sentencing Decision o Sentencing Options ▪ Economic sanctions/community service ▪ Probation ▪ Intermediate sanctions ▪ Short-term confinement ▪ Imprisonment ▪ Capital punishment ▪ Concurrent sentences – sentences that run at the same time ▪ Consecutive sentences – sentences that run one after another ▪ Teaching Note: Students tend to have difficulty with understanding the difference between concurrent and consecutive sentences.

Draw a schematic on the board to show students a visual. o Sentencing Models ▪ Indeterminate sentences – sentences that have a minimum and maximum length, and a release authority has discretion of release date • Rehabilitative form of sentence ▪ Determinate sentencing – sentences of fixed terms • Truth in sentencing • Good time o Discretion in Sentencing ▪ Judicial form of sentencing – judges have primary discretion ▪ Administrative form of sentencing – administrative bodies have discretion in good time and early release ▪ Legislative form of sentencing – legislative bodies create structured sentencing codes ▪ Mandatory minimums – requires a specific minimum sentence for certain crimes or certain types of offenders ▪ Three-strikes laws – legislative mandate giving third-time felons 25 years to life sentence ▪ Presumptive sentencing – predetermined range of minimum, average, and maximum terms for a specific crime ▪ Sentencing guidelines – structured sentences, based on offense severity and criminal history, to determine current sentence Reforming Sentencing o Sentencing Policies and Incarceration Rates ▪ Many factors influence incarceration rates. Policy factors associated with higher growth in state incarceration rates include separate time served for violent offenders, more provisions enhancing sentences for drug offenses, higher statutory minimum sentences for cocaine possession, and more mandatory sentencing laws o Re-examining Sentencing Policies 12

▪

•

United States v. Booker: struck down requirement of federal sentencing guidelines and asked judges to make decisions based on reasonableness of the case ▪ Sentencing policies should embody fairness and serve the community while working to rehabilitate the offender Creative Sentencing Options o Drug Courts ▪ Drug courts – alternative to traditional court models by dealing with addiction issues • Successful as an alternative to traditional court and sentencing processes ▪ Movie Note: Show students the 15-minute All Rise clip titled Drug Court: The Beginning. o Mental Health and Other Specialty Courts ▪ Mental health court – a specialized court docket for certain defendants with mental illness that substitutes a problem-solving model for traditional criminal court processing.”

▪ Other specialty courts, include reentry courts, veteran treatment courts, and homeless courts o Teaching Note: Look up a specialty court in your state and show students the eligibility requirements, description of the specialty court, and completion requirements.

LIST OF CHANGES/TRANSITION GUIDE No significant changes have been made to Chapter 2.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and have them discuss the advantages to pretrial diversionary treatment programs and whether they should continue to be used despite the fact that there is little conclusive research to indicate that they are more effective than formal criminal processing.

• Split students into groups. Provide each group with scenarios of crimes that were committed. Ask the students do discuss which sentencing option is appropriate for the offender.

Class Discussions • Ask students if plea bargaining should continue to be used at the rate that it is currently being used. Why or why not?

• Ask students which sentencing model is better: indeterminate or determinate sentencing. Make sure they explain their answer.

• Ask students where discretion should reside. Should discretion reside with judges, the administrative arm of the government, or the legislature?

13

Homework • Have students write an essay explaining the arguments against the use of monetary bail and ask them to state their opinion as to whether cash bail should continue to be used.

• Have students look up sentencing policies in your state and report back on whether your state uses mandatory minimum sentences, truth in sentencing, sentencing guidelines, three-strikes laws, indeterminate or determinate sentencing, and capital punishment.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Differentiate between a felony and misdemeanor.

A felony is a crime that is punishable by more than one year in prison, while a misdemeanor is a crime that is punishable by less than one year in prison.

2. Describe the types of diversion programs currently used.

One of the earliest diversion programs was Treatment Alternatives to Street Crimes (TASC). TASC started in Philadelphia in the early 1970s to focus on offenders with a drug problem that is believed to be the cause of their criminal involvement. Offenders participated in a drug treatment program and could avoid traditional processing through the criminal justice system. TASC has since broadened its scope beyond drug offenders and is now operational in over 100 communities, and these programs served 17,981 clients in 2013. It sometimes uses names such as Treatment Alternatives for Safe Communities or Treatment Alternatives for Special Clients.

3. List some of the problems with using bail as a requirement for release from jail pending prosecution.

There are many problems with this system of bail as a requirement for release. First, the availability of financial resources and the ability to “make bail” are not related to the risk of the offender or the chance of successful criminal processing. Second, the bail process discriminates against the poor. Those unable to afford bail or the bond agent’s fee usually end up staying in jail not due to risk, but only because they could not afford bail or even the bond agent’s fee. Therefore, the National Association of Counties recommends the use of alternatives to bail for offenders who present a manageable risk. Finally, many find the idea that “freedom can be bought for a price” unfair and antithetical to our system of justice for all. Because of these problems, several alternatives to financial bail developed.

4. Describe the Manhattan Bail Project and how it has expanded and influenced current detention practices.

14

Manhattan Bail Project is a program started in the 1960s to assist judges in identifying individuals who were good candidates to be released on their own recognizance without commercial or monetary bond. Because of its positive impact on the detention and bail process, the MBP was replicated by many jurisdictions across the United States.

Currently, more than 200 cities have such pretrial release programs to reduce jail crowding. The goal is to decrease the number of offenders detained in jail awaiting trial while providing a more equitable form of release than simple bail.

5. List the pros and cons of plea bargaining.

While there are several arguments as to the negatives of plea bargaining, it is acknowledged that our justice system could not function as it is now organized without it.

There are essentially two categories of justifications for its use. The first is an argument that plea bargaining brings about an appropriate result that is likely to reflect the result if a trial was held, yet it has a much lower cost. The second category of justifications is the value of efficiency and resource preservation. Efficiency advocates note the comparative costs of convictions from pleas and convictions from trials, and the prosecutorial and judicial resources saved. Arguments against plea bargaining include the criticism that the outcome does not mirror the likely outcome at a trial, and the process forces pleas of guilt even from those not guilty as innocent persons sometimes accept a plea bargain rather than risk a more serious punishment that could result from a trial. While there continues to be arguments for improving or reforming plea bargaining, it is unlikely to change.

6. List the five purposes of the presentence investigation.

For use in sentencing by the court. For use in determining supervision needs during probation. For use by prison officials in classifying offenders and determining program needs. For use by the parole board in making release decisions. For research purposes.

7. What are economic sanctions and community service?

Economic sanctions are a requirement that an offender pay a fine or restitution to the victim as a part of his or her sentence. Community service is an economic sanction used when offenders do not have funds from which to pay a fine or make restitution.

8. Differentiate between concurrent and consecutive sentences.

Concurrent sentences are sentences that run at the same time. Consecutive sentences are sentences that run one after other.

9. Describe how truth-in-sentencing legislation works.

In the 1980s, Congress encouraged states to adopt truth-in-sentencing (TIS) statutes and allowed states enacting such laws to qualify for federal funds to aid in prison construction. TIS statutes are determinate sentences, and inmates under TIS statutes must complete at least 85 percent of the sentence before they are eligible for release.

15

10. Differentiate between judicial, administrative, and legislative forms of sentencing.

With the judicial form of sentencing judges are granted considerable discretion in sentencing decisions. Administrative form of sentencing is where administrative bodies (correctional officials and parole/release boards) have primary discretion in granting good time and determining the release time of offenders. Legislative form of sentencing has come to dominate sentencing across many states and the federal government. This approach grants most of the discretion to the legislative branch of government; legislative bodies create penal codes with determinate sentences and little (or no) discretion available to judges.

11. What are mandatory minimum sentences?

Mandatory minimum sentences require that for certain crimes (violent crimes, crimes using a gun, distribution of narcotics) or for certain types of offenders (habitual criminals, sexual predators) there must be a sentence to prison for a set minimum term.

12. List the pros and cons of three-strikes laws.

Pro – incarcerates habitual and dangerous law violators who commit three felonies so that they cannot continue to prey on law-abiding citizens. Cons – Allows for overreach of mandatory prison terms (e.g., being sentenced to 25 years for stealing a slice of pizza); Defendants with two prior convictions refuse to plea bargain and demand a trial, which engulfs the court system in trials for relatively simple cases; Increased number of people incarcerated.

13. Describe how sentencing guidelines work.

Sentencing guidelines are structured sentences, based on measures of offense severity and criminal history, to determine the length of the term of imprisonment. It is a true measure of matching the severity of the offense and offender with the severity of the sentence.

14. Summarize the types of reforms of sentencing and the effect they have had on incarceration across the United States.

Prioritizing prisons for serious and repeat offenders and using savings to expand alternatives to incarceration for low-level offenders, rolling back mandatory minimum sentences, passing legislation to expand judicial discretion, passing laws to adjust or limit automatic sentence enhancements, repealing or revising mandatory minimum sentences downward for certain offenses.

15. How do drug courts operate, and what are their advantages?

16

Drug courts are an alternative to traditional court models in many ways. First, the overall philosophy is not to punish but to change behavior. Drug courts deal with offenders experiencing a drug problem as the basis of their criminality. Drug courts still oversee the criminal processing, yet all the court players (judges, prosecutors, defense counsel, probation officers, and treatment professionals) acknowledge the need for drug treatment (usually in the community), and therefore the adversarial nature of most criminal court proceedings is replaced with a much more collaborative one. Drug courts have proved very promising. Preliminary evaluations of drug courts have shown some success in reducing drug use and future criminal activity.

16. How do mental health courts operate, and what are their advantages?

Even though there is much variation in how they operate, there are some common features of mental health courts. First, they identify individuals who have committed crimes but are mentally ill. The courts screen defendants from any time immediately after arrest to a few weeks later. They look for individuals who are not necessarily criminal in nature, but their mental illness seems to be the key reason they get wrapped up in the criminal justice process. With a priority for community safety, however, most participants are misdemeanor or low-level offenders with no history of serious violence.

The courts then attempt to prevent the jailing and detention of these individuals, fearing they will deteriorate even more and end up with greater criminal sanctions as a result of their detention status. The courts use a team approach (judicial officers, treatment providers, prosecutor, defense attorney, and court supervision officer) to identify and recommend candidates for mental health court diversion. The participants must volunteer and agree to participate in treatment. If the individual successfully completes treatment, he or she can avoid a criminal record and continue to seek treatment outside the criminal justice process. There are now several studies of the positive effectiveness of mental health courts. Some studies have found that participants in mental health courts had fewer new bookings into jail compared with a similar period prior to their program participation, and other studies found that participants were less likely to have new charges or to be arrested than a comparison group of non-mental-health courts participants. In addition, it has been found that by avoiding expensive inpatient care, overall treatment costs are reduced.

17

Chapter 3 Jails CHAPTER OVERVIEW This chapter provides an overview of the nation’s jail systems, to include their historical development, current operations with the makeup and characteristics of offenders, their organization and physical design, and current issues such as overcrowding, legal issues, dealing with mentally ill offenders, and preventing suicides. Students will find how the diverse makeup of jail clients makes the job of jail staff complex and difficult. Jail inmates may be incarcerated from only a few hours to several months. They hold inmates charged with drunkenness to serial murder, and many offenders are violent and impulsive. These multifaceted challenges of the nation’s jails can make other components of the criminal justice system seem simple in their operation and management. By the end of the chapter, students will understand the approaches that jail officials take to deal with these issues and the continuing problems they will face into the next several years.

CHAPTER OBJECTIVES 1. Outline the history of jails.

2. Describe the purpose, function, and operations of today’s jails, and the characteristics of jail inmates.

3. Compare the various jail designs and explain the positive benefits of direct supervision.

4. Discuss the challenges jails face and the efforts being made to address them.

LECTURE OUTLINE •

•

The History of Jails o Gaol: early English term for jails ▪ Originally used in 1166 ▪ Detained offenders waiting for trial, as well as mentally ill, vagrants, and the poor o Deplorable conditions led to the Penitentiary Act of 1779 ▪ John Howard o Early American jails followed the English model ▪ Used as workhouses and confinement of offenders o Walnut Street Jail in Philadelphia was the first to be used for confinement and rehabilitation Current Jail Operations o Role and Functions of Jails ▪ Teaching Note: Ask students the difference between a jail and a prison.

▪ Jails – locally operated correctional facilities that hold individuals before and after adjudication • Individuals waiting for trial 18

•

• Individuals serving one year or less incarceration • Individuals waiting to testify in local court proceedings o The Organization of Jails ▪ Sheriff – elected official responsible for overseeing a county jail, generally in rural counties ▪ Regional jail – jail that serves more than one county and is administered by regional jail commission o Jail Populations ▪ Incarceration rate – number of persons per 100,000 who are in jail or prison • Incarceration rate has steadily risen over the past 30 years, but jail populations are now slowly declining o The Increasing Use of Jails ▪ Factors affecting jail populations: • Tough on crime policies • Extensive overcrowding in prisons • Split sentence use o Admissions and Length of Stay ▪ Average length of jail stay was 23 days in 2013 ▪ Logistical nightmare for booking and release procedures • Identification of offenders and releasing wrong inmate is not an unusual occurrence o The Jail Process and Daily Operations ▪ Inmates are booked and given a brief physical and mental health screening ▪ Some inmates released on bail while others held for court proceedings • Inmates not released placed in more permanent housing and classified o Jail Classification ▪ Objective classification system – statistical approaches to consider the risk of escape and violence by inmates • Criminal history and personal characteristics ▪ Used to protect the inmate, as well as other inmates from violent individuals o Jail Staffing ▪ Jail staff members supervise and transport inmates, as well as perform administrative and clerical functions ▪ Staff to inmate ratio is always very high o Teaching Note: Invite a jail correctional officer to be a guest lecture. o Teaching Note: Arrange for students to go on a tour of a local jail. o Movie Note: Show students the 42-minute documentary The Hardest Jail in Los Angeles.

Design and Supervision in Jails o Creating a Secure Setting inside the Jail 19

▪

•

First-generation jails – housed inmates in a linear design, with cells in long rows and walkways in front of the cells for supervision ▪ Podular designs – common dayroom surrounded by cells • Benefits over first-generation jails include better supervision of inmates, inmate interaction, and lower staffinmate ratio ▪ Second-generation jails – podular housing designs with remote supervision and electronic controls to open/close doors ▪ Third-generation jails – correctional officers are located in the unit for direct supervision with no remote supervision o Teaching Note: Show pictures of the different generation jails when discussing them. o Teach Note: Ask students how each subsequent generation jail was an improvement on the previous generation jail.

Issues in Jails o Responding to Jail Crowding ▪ Jail incarceration rate has more than doubled, and the population of the nation’s jails has almost tripled over the past twenty-five years.

▪ Problem results in need to construct new jails or add onto the existing jails.

▪ Private correctional facilities have been used to deal with jail overcrowding. o Legal Issues for Jails ▪ Jails must provide a constitutionally acceptable environment.

▪ Bell v. Wolfish • Developed punitive intent standard for Eighth Amendment violations o Handling Offenders with Mental Illness ▪ High prevalence of mental illness in jails (60-70% of inmates) ▪ Movie Notes: Show students the 23 minute Vice News clip titled Institutionalized: Mental Health Behind Bars. o Preventing Suicides ▪ Suicide prevention programs – staff education to recognized early signs of suicide risks ▪ Suicide watch – management of suicidal inmates by placing them in isolation

LIST OF CHANGES/TRANSITION GUIDE • •

Updates on data regarding jail population.

Updated information regarding the continuing problem of jail suicides.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities

20

• •

Split students into groups and ask them to develop a list of the types of individuals that can be housed in a jail.

Split students into groups and ask them to discuss the ways that jails can respond to overcrowding.

Class Discussions • Ask students how jails today compare to early American jails.

• Ask students if private correctional facilities should be used to combat jail overcrowding.

• Ask students why it is important that jails try to prevent suicides from occurring.

Homework • Instruct students to write an essay on the prevalence of mental illness in jails and why jails are ill-equipped to handle mentally ill inmates.

• Instruct students to write an essay explaining the importance of jail classification.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What role did John Howard play in the early development of jails?

While inspecting the local jails, Howard was shocked by the conditions of disease, lack of discipline, and lack of sanitation that he discovered. He visited prisons in other European countries to find models that could be replicated in England and worked with members of the English House of Commons to draft the Penitentiary Act of 1779. This Act created four requirements for English prisons and jails: (1) secure and sanitary structures, (2) systematic inspections, (3) abolition of fees charged to inmates, and (4) a reformatory regime in which inmates were confined in solitary cells but worked in common rooms during the day. The Act also detailed the requirements of diet, uniforms, and hygiene for prisoners.

2. Name five categories of jail offenders.

Individuals pending arraignment and waiting trial, conviction, or sentencing; Probation, parole, and bail bond violators and absconders; Juveniles, pending transfer to juvenile authorities; Mentally ill people, pending their movement to appropriate mental health facilities; Individuals held for the military, for protective custody, for contempt, and for the courts as witnesses; Inmates pending transfer to federal, state, or other criminal justice authorities; Inmates held for federal, state, or other authorities because of crowding of their facilities; Offenders assigned to community-based programs, such as day reporting, home detention, or electronic monitoring; Inmates sentenced to short terms (generally less than one year).

3. What are the advantages of a regional jail?

As small counties find it increasingly difficult to afford to meet modern jail standards, a variation of the county-based jail was established. Therefore, many counties form 21

coalitions to jointly fund, build, and operate a regional jail that serves all the counties and results in economies of scale that make its operation more financially reasonable.

4. List potential reasons for the increase in the jail incarceration rate over the past decade.

There are several theories that suggest the reasons for the significant increase in the number of jail inmates from the late 1900s to 2008. First, the “tough on crime” mentality of the public affects the percentage of offenders who receive bail or are released on recognizance. Judges do not want to put potentially dangerous offenders back on the streets and are more likely to set higher bail amounts and less likely to grant release without bond requirements. Second, with extensive overcrowding of state and federal prisons over the past three decades, more jail inmates are being held by jails as they await transfer to prison.

5. Compare the average length of stay in a jail to that in a prison.

The average length of stay for jails in 2013 was 23 days, much less than the average length of stay within a prison. This average length of stay for jails is misleading, however, as a very large percentage of arrested and jailed offenders make bond and are released within forty-eight hours.

6. Describe the normal booking process in a jail.

Police officers or county sheriff deputies bring arrested offenders to the jail; they are placed in a holding cell that can be for a single or as many as ten to twelve inmates. They are then identified and fingerprinted and their property is inventoried and stored. They receive a brief physical and mental health screening and usually talk to a social worker about the process and how potential release on bail or personal recognizance works.

7. Describe the problems associated with the use of classification systems in jails.

Jail classification systems are plagued with problems not inherent in prison classification systems. First, there is often little information available for jail inmates. Jail social service staff members interview inmates to collect information, primarily relying on self-reported information, as they do not have time to confirm the accuracy of the information. Second, the short stay complicates the process for most inmates, and there is no time for thorough medical or psychological assessments that could aid in the classification process. Finally, Brennan notes that jail classification has “suffered from benign neglect,” in that jail administrators have “not accorded classification a central role in management.”

8. How are podular jail designs an improvement over linear jail designs?

They usually house smaller numbers of inmates, resulting in a better inmate–staff member ratio. They provide common areas in the center of the unit (called dayrooms) in 22

which inmates can watch television or play table games during the day, thus getting out of their cells and reducing idleness and tension. Podular designs make it easier for officers to view inmate activities in the cells and the dayrooms from one central location.

9. Describe direct supervision.

The direct supervision approach requires staff to continuously supervise and communicate with inmates, thus reducing tension and avoiding the development of conflicts among inmates or between inmates and staff. The design also allows food to be brought to and served in the common area, and there are often laundry facilities in the unit, allowing inmates to take responsibility for these functions rather than staff having to do it for them.

10. How widely used are private correctional companies to operate jails.

Today, there are dozens of privately operated jails across the country. Between 1993 and 1999, the number of private jails in the United States increased from seventeen to fortyseven, and capacity grew from 3,229 to 16,659. However, by 2006, there were only thirty-seven privately operated jails. This decline is primarily due to the decreasing jail population over the past five years.

11. Describe the impact of the Bell v. Wolfish decision on modern jail operations.

Since the Bell decision, courts regularly have ruled against the operating conditions at a jail and required jail administrators to make changes or even build a new jail. In a 1999 survey, approximately 15 percent of the reporting jurisdictions reported that they were under a court order or consent decree for crowding or other confinement conditions, and 11 percent were under a court order to limit their population so that it would not be overcrowded. Since then, many new jails have been constructed and procedures have been improved to avoid the likelihood of inmate suits.

12. Why are there so many mentally ill offenders in jail?

Over the last thirty years, the number of criminal offenders with mental illness has been rising. In the 1960s, new antipsychotropic drugs were created and prescribed for people with mental illness, allowing many mentally ill individuals to remain in the community rather than be placed in mental hospitals. As a result, states closed their hospitals, and the number of mentally ill patients went from a high of 559,000 in 1955 to 9,000 in 1995.

When these community patients stop taking their medication, the symptoms of the mental illness return; many commit crimes and become clients of the criminal justice system.

13. What steps do jails take to reduce the likelihood of suicide by inmates?

Most jails have suicide prevention programs. Suicide prevention programs include risk assessment at admission, special staff training, counseling for inmates, and monitoring and special watches of high-risk inmates. If inmates are deemed a high risk of suicide as 23

a result of the assessment or staff observations, they may be specially monitored. Some of the monitoring may include suicide watch programs, in which inmates are placed in a specially equipped cell without materials that could be used for a suicide attempt.

14. What is a suicide watch?

Suicide watch is the management of suicidal inmates who are placed in a specially designed cell and have constant supervision.

24

Chapter 4 Probation and Intermediate Sanctions CHAPTER OVERVIEW This chapter describes the history, evolution, and current operations of community sanctions. Probation has been a part of community corrections for more than 150 years.

In many ways, probation has changed little from its original philosophies and practices.

In many other ways, however, probation has changed significantly, and some suggest there is a “new paradigm” for probation supervision. However, over the past thirty years, dissatisfaction with standard probation as a sanction for criminal offenders, combined with recognition of the need for alternatives to incarceration, has led to an expansion of intermediate sanctions to provide greater supervision than in regular probation, while still monitoring offenders in the community. This chapter therefore presents both a description of probation and the many available community alternatives to incarceration.

CHAPTER OBJECTIVES 1. Outline the history of probation.

2. Summarize modern probation operations, including the conditions of probation and revocation of probation.

3. Outline the results of evaluations regarding the effectiveness of felony probation.

4. Describe the goals of intermediate sanctions and the different types of sanctions.

LECTURE OUTLINE •

•

The History of Probation o John Augustus of Boston, Massachusetts, recognized as the father of probation ▪ Volunteered to supervise over 1,800 offenders to alieve jails o Massachusetts was the first state to pass probation statutes in 1878 ▪ Remaining states quickly followed o Teaching Note: Ask students why probation services were authorized first for juveniles rather than for adults.

Modern Probation Operations o Probation – prison sentence that is suspended on the condition that an individual follow certain rules o Probation is the most frequently used sentencing option in the United States o Organization of Probation ▪ Most probation departments are based in county governments ▪ Many varieties of organizational structure o Characteristics of Probationers ▪ Average time served on probation in 2012 was 23 months ▪ 75% male ▪ 55% white, 30% black; 15% Hispanic 25

▪ Majority of probationers sentenced for drug or property crimes o Supervision ▪ Probation supervision – role of a probation officer in monitoring an offender’s behavior ▪ Casework style of supervision – places emphasis on helping an offender with counseling and treatment ▪ Surveillance style of supervision – places emphasis on monitoring and enforcing compliance with rules ▪ Regular caseloads – made up of standard probationers with no special conditions ▪ Intensive-supervision caseloads – made up of offenders with too high of risk to be on regular supervision and need more required contacts ▪ Special caseloads – made up of offenders with a special type of problem, such as mental illness or substance abuse issues ▪ Movie Note: Show the 10-minute Tennessee Department of Corrections clip on the Day in the Life of a Tennessee Probation/Parole Officer.

▪ Teaching Note: Show students the qualifications for becoming a probation officer in your state/local jurisdiction. o Conditions of Probation ▪ Standard conditions of probation – must be followed by every probationer • Maintain employment • Report to probation officer • Obtain permission to leave district • Refrain from associating with criminals or committing crimes ▪ Special conditions of probation – tailored to meet the needs of individuals • Random U/A • Drug/alcohol counseling • Vocational training ▪ Movie Note: Show the video National Geographic Hard Time: Come on Vacation Leave on Probation. (2010). Season 1, Episode 10. o Revocation of Probation ▪ Technical violations – violations of community supervision ▪ New-crime violation – violation of condition of refraining from new criminal activity ▪ Violations are reported and recommendation for action is made by PO ▪ Gagnon v. Scarpelli (1973) • Guarantees probationers the following rights during revocation process: o Alleged violations in writing 26

•

•

o Notice of process in writing o Preliminary hearing to determine probable cause o Revocation hearing prior to final decision o Present witnesses and confront witnesses o Written decision ▪ Revocation options • Reprimand and restore to supervision • Add conditions and restore to probation • Revoke probation and restore imprisonment under original sentence o Teaching Note: Invite a probation officer to speak to your class as a guest lecturer.

Issues Regarding Probation o A Changing Style of Supervision ▪ Transition from casework style of probation in the 1960s to surveillance style of supervision o Effectiveness ▪ Studies demonstrate mixed results in probation’s effectiveness ▪ Best practices: • Effectively access probationers’ criminogenic risks and needs, as well as strengths • Employ smart, tailored supervision strategies • Use incentives and graduated sanctions • Implement performance-driven personnel management o Reforming Probation ▪ States are starting to restructure sentencing to reinvest in approaches that are cost-effective o Probation Classification Systems ▪ Community classification systems – risk assessments that predict the chance of new crimes being committed; used to determine level of supervision needed • Intensive supervision • Regular supervision • Minimum supervision • Administrative supervision Intermediate Sanctions o Defining Intermediate Sanctions ▪ Intermediate sanctions – midrange dispositions that fall between incarceration and probation • Midlevel punishments ▪ Community corrections acts – acts passed by state legislatures to encourage counties to develop alternatives to prison o Types of Intermediate Sanctions ▪ Economic sanctions • Fines –requirement to pay a dollar amount as punishment for a crime 27

• •

Offender restitution – repaying society for harm performed Victim compensation – repaying victims for harm performed • Cost of supervision – payment for different supervision tactics, such as drug testing • Asset forfeiture – seizure of cash and property obtained through illegal activities ▪ Intensive supervised probation • Supervision of community offenders with higher than average risk • Stricter and more supervision compared to normal probation ▪ House arrest • Offenders live at home and are only permitted to leave for work/education/approved visits to probation officer • Electronic monitoring – GPS device used to monitor offender’s location ▪ Community residential centers • Houses in which offenders live in the community that provide supervision, room and board, and some treatment ▪ Split sentences • Combination of short jail sentence and return to probation ▪ Shock incarceration/boot camp • Operated similarly to military camps, including strict discipline, athletic training, and education • Low success rate • Teaching Note: Ask students why boot camps became so popular at the time.

▪ Shock probation • Short period of imprisonment to “shock” offender, then return to probation o The Effectiveness of Intermediate Sanctions ▪ Limited research examining effectiveness of intermediate sanctions ▪ Goals of intermediate sanctions: • Divert offenders from prison o Net widening effect • Reduce of cost of corrections • Reduce level of recidivism LIST OF CHANGES/TRANSITION GUIDE •

New section regarding “reforming probation,” and how efforts to improve probation effectiveness and save money serve as a way to reduce violations and sentencing to prison.

28

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split the class into groups and provide each group with a condition of probation.

Ask them to determine if the conditions are standard or special conditions.

• Split the class into groups. Provide each group with a scenario of an offender and the crime he/she committed. Ask the students to determine which intermediate sanction would be best for the offender.

Class Discussions • Ask students if probationers should have their probation revoked for committing one technical violation. If the consensus is “no,” ask at what point should a person’s probation be revoked.

• Ask students if probation officers should have a clinical background or training in counseling and rehabilitation of offenders.

• Ask students how the use of intermediate sanctions can result in net-widening and if the advantages of intermediate sanctions outweighs the possibility of netwidening.

Homework • Assign students to write a short essay on the various probation supervision styles and indicate which supervision style should be used by probation officers and why.

• Assign students to pick one intermediate sanction and write a two-page paper on the effectiveness of that intermediate sanction.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What contributions to modern probation did John Augustus make that continue today?

Augustus’s acts of supervising offenders slowly crept into the formalization of the role of POs. Augustus himself came up with the term probation (based on the Latin term probatio meaning “a period of proving oneself”), as well as ideas for requiring offenders to meet conditions of supervision, reporting to the courts, and revoking probation when the conditions were not met. In addition, Augustus’s idea of investigating offenders’ situations prior to sentencing resulted in the concept of presentence investigations (PSIs) being assigned to POs. Although probation has become much more sophisticated in its operation over the years, most of the original concepts created by Augustus continue to this day.

2. Approximately how many people were on probation in the United States in 2015?

3,789,800 29

3. What are the primary emphases of probation supervision?

The primary purpose of probation supervision is to maintain surveillance, enforce conditions of probation, and guide offenders into treatment to protect the public from further crimes.

4. Differentiate between the casework and surveillance styles of probation supervision.

A casework style of supervision emphasizes helping the offender with problems, providing counseling, and ensuring that the offender completes supervision. A surveillance style of supervision emphasizes monitoring and enforcing compliance with the rules of supervision and the detection of violations leading to revocation and return to custody.

5. What is the difference between standard and special conditions of probation?

Jurisdictions have standard conditions of probation that must be followed by every probationer, and judges usually have the authority to impose special conditions of probation. These special conditions are tailored to meet the program needs for an offender, or can be imposed to address an offender’s specific risk to the community.

6. List five standard conditions of probation.

1. The probationer shall not leave the judicial district without permission of the PO or the court. 2. The probationer shall report to the PO as directed and shall submit truthful and complete reports. 3. The probationer shall answer truthfully all inquiries by the PO and follow his or her instructions. 4. The probationer shall maintain employment. 5. The probationer shall notify the PO of all changes of address within seventy-two hours. 6. The probationer shall refrain from the excessive use of alcohol and is prohibited from the use of controlled substances. 7. The probationer shall not associate with criminals. 8. The probationer shall not commit any crimes.

7. Name three types of probation caseloads.

Regular caseload, intensive-supervision caseload, and special caseload 8. What are the two types of probation violations?

Technical violations (not meeting all the conditions of their supervision) and new-crime violations (violating the condition of not committing additional crimes)

30

9. What were the important findings in the Gagnon v. Scarpelli decision regarding revocation of probation?

Gagnon v. Scarpelli extended the Morrissey due process rights to probationers. These include the following rights: (1) to be informed in writing of the alleged violations, (2) to have written notice in advance of the revocation process, (3) to have a preliminary hearing to determine whether there is probable cause, (4) to have a revocation hearing prior to the final decision, (5) to attend the hearings and present witnesses on their behalf, (6) to confront and cross-examine adverse witnesses, and (7) to receive a written decision noting the reasons for the decision.

10. Describe the philosophy of the broken-windows approach to the operation of probation.

Probation supervision reform has also been influenced by a concept called brokenwindows probation. This concept mimics the philosophy of community policing, in that all broken windows in a neighborhood are to be promptly repaired, as this small indication of a lack of community concern leads to a larger instability and criminal activity in the community. As such, probation supervision follows the lead of community policing by partnering with citizen groups, churches, and other neighborhood organizations to take joint responsibility for supervising offenders. Emphasizing public safety first, broken-windows probation also allocates resources according to risk and need assessments, locates POs in the probationers’ neighborhoods, and uses graduated sanctions, such as house arrest, EM, and mandatory substance abuse treatment.

11. How do community classification systems work, and what is their impact on probation supervision?

Community classification systems are risk assessments that predict the chance of new crimes being committed; they are used to determine the level of supervision an offender will receive in the community. They score offenders based on their offense background and personal characteristics.

12. What is an economic sanction?

Economic sanctions use money as the means of carrying out criminal sanctions, such as fines, restitution, or forfeiture of assets. In most cases, economic sanctions are attached as a condition of probation; however, for minor offenses, they may stand alone as punishments for crimes.

13. Differentiate between offender restitution and victim compensation programs.

Offender restitution requires offenders to repay society for the harm created by the offense. Victim compensation is where offenders repay their victims directly for their losses and harm caused by the offense.

31

14. What is asset forfeiture and why can it be called an economic sanction?

Asset forfeiture is the authorized seizure by the government of money, negotiable instruments, securities, or other things of value that were obtained through illegal activities. It can be called an economic sanction because it enables courts to punish offenders by taking away assets they accumulated as a result of their criminal activity, ensuring that “crime doesn’t pay.”

15. Describe the results of evaluations regarding intensive supervised probation.

Early research into the effectiveness of intensive supervision usually did not find a reduction in recidivism, and there have been mixed results in other studies. In a review of fourteen counties in nine states, Petersilia and Turner found that high-risk ISP participants were watched more closely than regular probationers, and while this did not result in more arrests, there were significantly more technical violations, resulting in 27 percent of the ISP participants being returned to prison or jail compared to only 19 percent of regular probationers at the end of one year. However, if the ISP supervision combined drug treatment, community service, and employment programs with surveillance, recidivism rates were 10–20 percent lower than for those who did not participate in such activities. Another analysis of 175 evaluations of ISP programs also found that combining surveillance with treatment resulted in reduced recidivism. More recent research of the use of evidence-based practices was again more positive. A recent review found that those agencies that utilized a more human services philosophy and provided treatment had more promising results. Another study found that smaller caseloads themselves is insufficient to reduce recidivism, yet when combined with evidence-based practices to allocate resources to the highest risk and need offenders, it is likely that recidivism can be reduced. And a meta-analysis of intensive supervision programs combined with treatment-oriented programs found an almost 18 percent reduction in recidivism.

16. How is electronic monitoring used to enforce the requirements of house arrest?

House arrest is commonly used in conjunction with electronic monitoring (EM), or the use of technology to monitor an offender’s location. EM requires offenders to wear a tamperproof bracelet around their ankle. The bracelet acts as a receiver for a radio wave sent by a transmitter that is placed in the offender’s home.

17. Differentiate passive and active electronic monitoring systems.

There are two types of systems, active and passive, both of which are monitored from a central location. With active systems, the central location maintains a computerized schedule of when offenders should be in their homes and automatically “alarms” or sends a notice when the signal is not communicated between the transmitter and receiver during those times. This indicates to the monitor or PO that the offender has violated the conditions of his or her house arrest, and someone will be dispatched to check on or arrest the offender. The passive system requires random telephone calls during times the 32

offender should be in the home. When a monitoring telephone call is received, offenders have a certain amount of time to place the receiver against the transmitter, proving that they are in the home as required.

18. What are the two ways that community residential centers are used as intermediate sanctions?

The use of CRCs as an intermediate sanction can occur in two different ways. First, at the time of sentencing, judges can determine that offenders need the services of a residential center and can require probationers to live in a CRC as a condition of their probation.

However, CRC placement more commonly occurs later in the period of probation supervision, after probationers are failing under their current supervision requirement.

POs may determine that offenders have violated minor conditions of supervision and require more structure and accountability or need a place to live or additional program assistance. The officer then recommends that the court add a CRC requirement as a condition of probation.

19. What is a split sentence?

Split sentences are a combination of a short jail sentence and then supervision in the community on probation. The jail sentence can be anywhere from 30 to 180 days.

20. Describe the operation of a boot camp.

Correctional boot camps are operated similarly to a military boot camp; offenders are required to have short hair, shine their shoes, wear uniforms, do extensive physical exercise, and perform hard physical labor. At times, these activities are complemented with education or drug programming, but the major components of boot camps remain military regimentation, discipline, exercise, and hard work.

21. How long does an offender usually stay in prison under shock probation?

A few weeks 22. How can net widening reduce the effectiveness of an intermediate-sanctions program?

Most experts would agree that one goal of intermediate sanctions is to manage more offenders in the community who would (without intermediate sanctions) have to be sentenced to prison. However, it is generally concluded that intermediate sanctions are not always used with high-risk probationers, and therefore add to the supervision of probationers who would not have been sent to prison even if the intermediate sanction did not exist. This phenomenon is called net widening, the overlapping of criminal sanctions and added supervision for community-placed offenders, rather than diversion of offenders from prison.

33

Chapter 5 Prison Systems CHAPTER OVERVIEW The purpose of this chapter is to consider the philosophies of prison operations and programming, as well as compare the state and federal systems. This chapter describes recent trends in the makeup of the prison population in the United States, the construction of prisons to keep up with the increase in inmate numbers, the types of prison systems in the United States, and the way in which prisons are organized by security levels to manage the different levels of offender risk.

CHAPTER OBJECTIVES 1. Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

2. Summarize the organization of the federal and state prison systems.

3. List the other public correctional systems.

4. Suggest the reasons for the development of private prisons, and speculate regarding their role in the future.

LECTURE OUTLINE •

Current Status of Prisons in the United States o In 1967, state and federal prisons held less than 300,000 inmates ▪ Medical model was prevailing philosophy o As crime rates increased, support was given to be tough on crime and incarceration rates rose o Prison now holds a very heterogeneous population in regard to offending types o The Role and Mission of Prisons ▪ Primary function is to hold convicted felons, usually serving a sentence of one year or more ▪ Mission – statement of an organization’s major function and what it is supposed to accomplish ▪ The mission of prisons is to hold to convicted felons • Reduce idle time • Attempt rehabilitation ▪ Rhodes v. Chapman – overcrowding itself is not a violation of the Eighth Amendment • Consideration of the “totality of the conditions” o Growth of the Prison Population ▪ By 2016, the prison population was over 1.5 million • Public is more fearful of crime, hence tougher and longer sentencing laws 34

• More use of determinate sentencing policies New penology – emphasis on the rational and efficient deployment for control strategies of inmates ▪ War on Drugs – Reagan initiative to reduce availability and dependence of illicit drugs through interdiction, criminal sanctions, and treatment • Caused severe prison overcrowding and imprisonment of low-level drug offenders and users ▪ Movie Note: Show the 1-hour and 23-minute Frontline documentary Prison State ▪ Movie Note: Show the documentary The House I Live In Federal and State Prison Systems o Federal versus state crimes ▪ Federal crimes involve interstate commerce or treason/espionage against the United States ▪ State crimes are generally street crimes, which are crimes of little sophistication o The Federal Prison System ▪ Three Penitentiary Act – 1891 act of Congress that authorized the construction of the first three federal prisons • Fort Leavenworth in Kansas ▪ Establishment of Federal Bureau of Prisons in 1930 • Sanford Bates was first director ▪ Growth of Bureau of Prisons • White Slave Act (1910) – interstate commerce of prostitution • Harrison Narcotic Act of 1914 – taxing and records must be kept on controlled substances • Volstead Act (1918) – prohibition of the sale and consumption of alcohol • Dyer Act (1919) – interstate transportation of stolen vehicles • Sentencing Reform Act of 1984 – act of Congress that abolished parole, established determinate sentencing, and reduced the amount of good time available to federal offenders o Other acts in 1986, 1988, and 1990 created mandatory minimums ▪ Bureau of Prisons Today • Five security levels o Minimum: dormitory housing and limited perimeter fencing o Low: double perimeter fencing and strong work ethic o Medium: electronic fencing and cells ▪

•

35

•

o High: close control of inmates and high staff to inmate ratio o Administrative: most serious criminals ▪ Federal Prison Industries • Operates under the name of UNICOR • Wholly owned corporation of the U.S. government • By end of 2016, operated 63 factories and three farms, while employing almost 11,000 inmates ▪ Teaching Tip: Pull up the Federal Bureau of Prisons website and show students BOP statistics and locations of BOP prisons, focus specifically on the state in which you live. o State Prison Systems ▪ Each state has its own penal code defining felonies and appropriate punishment ▪ The Organization of State Prison Systems • State prisons are generally run by a Department of Corrections, Public Safety, or something comparable • Most common organizational model has head of corrections appointed and reporting directly to the governor ▪ Inmates in State Prison Systems • Predominately male (93%) • 34% white, 35% black, 20% Hispanic, 11% other minority • 53% violent offenders • Phenomenon over past several years is the decline in the growth of inmates ▪ Classification within State Prison Systems • Security classification – matches offenders to institutions that have the physical security and staff resources to prevent escapes and control their behavior • Inmates are often placed in central reception centers for security classification, then assigned a prison o Minimum o Medium o Maximum o Supermax ▪ The Design of State Prisons • Outside cells – staff corridor is between the rows of cells, which face each other and are abutted to the wall • Inside cells – considered more secure • Campus designs ▪ Teaching Note: Pull up the website for your state prison system.

Show students locations of prisons, types of prisons, number of inmates, etc.

Other Public Correctional Systems o Immigration and Customs Enforcement (ICE) ▪ Responsible for housing illegal aliens pending deportation 36

•

•

▪ 34,000 individuals detained o Military facilities/brigs ▪ House violators of military law ▪ 1,400 individuals housed o Territorial prisons Private Correctional Institutions o Private prison – any secure correctional facility operated by a private company, usually for profit, and contracts with government to provide housing, security, etc. for inmates o Private Correctional Companies ▪ CoreCivic ▪ The GEO Group, Inc. ▪ Management Training Corporation Movie Note: Show students the 43-minute CNBC documentary Billions Behind Bars: Inside America’s Prison Industry.

LIST OF CHANGES/TRANSITION GUIDE • •

Includes a new section regarding Federal Prison Industries, a critical work program of the federal prison system.

Describes approaches to prison design by state correctional agencies and trends for state prison populations.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups. Provide them with a case study and ask them to determine the type of prison in which the offender would be placed (e.g., federal, state, ICE, military).

• Split students into groups and assign them a state. Ask them to look up the number of inmates in that state, number of prisons, security classification of prisons, etc. Have groups report back to the class.

Class Discussions • Ask students why there has been a recent decline in the number of state prison inmates.

• Ask students what the pros and cons are of Federal Prison Industries.

• Ask students what percent of prison inmates are currently housed for a violent crime (53%) and if that should concern them.

Homework • Assign students to write a one-page paper on the impact of the war on drugs and other tough-on-crime approaches on the prison population.

• Assign students to write a two-page paper on the differences between the federal prison system and the prison system for the state in which you live.

37

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. How did Rhodes v. Chapman change the operations of prisons?

In Rhodes v. Chapman (1981), the U.S. Supreme Court decided that overcrowded conditions resulting from two inmates housed in cells designed for one person at the Southern Ohio Correctional Facility (SOCF) was not a violation of the Eighth Amendment right of protection from cruel and unusual punishment. Very important in the decision was the Court’s consideration of the “totality of conditions” at SOCF, finding that inmates were out of their cells for much of the day, and no other problems, such as poor medical care or food service, resulted from the crowded conditions. If prison officials attempted to keep inmates locked in their cells without adequate programs and work activities, the Court would likely reconsider the Rhodes decision.

2. What is the general mission of most correctional agencies?

A common mission statement for a prison is “to supervise criminal offenders during the period of their sentence, protect the public, and offer programs that assist in the rehabilitation of criminals.”

3. How many inmates are there in U.S. correctional facilities?

By the end of 2016, there were 1,505,397 offenders incarcerated in state and federal prisons.

4. Describe recent trends in terms of the inmate population, commission of violent crimes, and length of sentence.

From the invention of the prison in 1790 until about 1980 (almost 200 years) the state and federal prison population rose from zero to only about 300,000. In less than four more decades, the prison population grew by 500 percent, to over 1.5 million. According to Gallup polls, in 1989, 84 percent of citizens polled felt there was more crime in the United States than the year before. Since that time, crime rates have been declining and have gone down in almost every category of felonies every year since 1993 The average length of incarceration has increased significantly since 1990. The average length of stay for inmates released during 1990 was 23.7 months. For the 413,400 inmates released during 2012, the average time served was 17 months, yet for those released after committing a violent offense, the average time served was 28 months.

5. Describe the increase in the number of prisons over the past decade.

From 1993 to 2000, there were 288 new prisons constructed and opened, and from June 30, 2000, to December 30, 2005, 153 new state and federal prisons and 151 new private prisons were constructed and opened.

38

6. What three prisons were included in the Three Penitentiary Act of 1891?

The Act included the construction and operation of federal prisons in Leavenworth, Kansas (construction beginning in 1896), McNeil Island, Washington (constructed from 1892 to 1895), and Atlanta, Georgia (construction completed in 1899).

7. What was the result of the Sentencing Reform Act of 1894, and what impact did it have on the Bureau of Prisons?

During the 1980s, the bureau experienced the beginning of a tremendous population growth, the result of the Sentencing Reform Act of 1984, which abolished parole, established determinate sentencing, and reduced the amount of good time available to federal offenders.

8. What factors influenced the continued significant growth of the Bureau of Prisons into the 2000s?

With the federalization of many offenses and increased BOP responsibility for housing District of Columbia and immigration offenders, the federal prison population has grown every year from 2000 to 2013, when it peaked at 219,298.

9. Describe the physical security factors that go with prison security levels (minimum, medium, maximum).

Minimum-security institutions (federal prison camps) have dormitory housing, a relatively low staff member-to-inmate ratio, and limited or no perimeter fencing. Lowsecurity prisons (federal correctional institutions) have double-fenced perimeters, mostly dormitory housing, strong work and program components, and a staff member-to-inmate ratio higher than in minimum-security facilities. Medium-security prisons (also called federal correctional institutions) have double fences with electronic detection systems, mostly cells for housing, and an even higher staff member-to- inmate ratio than in lowsecurity prisons. High-security institutions (U.S. penitentiaries) have highly secure perimeters (featuring walls or reinforced fences), cell housing, high staff member-toinmate ratios, and close control of inmate movement within the prison.

10. Why do some inmates go to state and others federal prisons?

Historically, there has been a significant difference between federal and state prison systems. Each holds offenders convicted under the jurisdiction’s specific criminal statutes. State penal codes usually include the standard street crimes, or those defined by the FBI as index crimes, including murder, robbery, rape, aggravated assault, burglary, larceny or theft, and motor vehicle theft. In the past, federal crimes included fraud and other white-collar offenses, movement of criminal activity across state or national boundaries, and crimes specific to the federal government, such as postal fraud or treason. However, over the past few decades, Congress has continually federalized crimes 39

such as bank robbery, kidnapping, murder of public officials, drug distribution, and certain crimes using a weapon.

11. What factors have influenced a recent decline in the number of prison inmates in some states?

There is debate over what issues have most influenced the decline in the number of state prison inmates over the past few years, and several possible reasons exist for the drop.

The first possibility is that demographics have changed; fewer Americans are in the highcrime age group and have enough criminal history to be sent to prison. Second, crime rates have been dropping. In addition, more crimes are being prosecuted at the federal level, and offenders who would have otherwise been in state prisons are now in federal prisons. But the most often cited reason for the reduction in prison populations is the impact of tightened budgets, as states looked for ways to reduce costs by reducing the number of offenders in prison.

12. What state prison security level has the highest percentage of inmates?

Medium security. In 2005, slightly more than a third of inmates were classified as maximum security, two-fifths as medium security, and one-fifth as minimum security.

13. What is the role of the U.S. Immigration and Customs Enforcement?

The U.S. Immigration and Customs Enforcement (ICE) is responsible for housing illegal aliens pending a hearing or deportation back to their home country.

14. When and where was the first private prison opened under contract to house adult offenders?

The first private contract to house adult offenders was in 1984, for a small, 250-bed facility operated by Corrections Corporation of America under contract with Hamilton County, Tennessee.

15. Describe the most controversial issue in the use of for-profit private companies to house inmates.

This question is not addressed in this chapter. However, Chapter 16 lists many controversial issues surrounding the use of for-profit private companies to house inmates.

Philosophical issues center on the distinction of roles between the private sector profitmaking enterprises and government, ethics and corruption, and the larger public interest.

40

Chapter 6 Parole and Prisoner Reentry CHAPTER OVERVIEW This chapter reviews the development of parole in the United States and how it is administered for those states in which it is still in use. The release decision, supervision on parole, the violation process when offenders fail to meet their parole conditions, and the overall effectiveness of parole and indeterminate sentences are discussed. The challenge of reentry to the community is also described, and the types of challenges faced by returning prisoners are illustrated. Knowing that reentry is difficult and many offenders fail, there has been an increasing effort and resources directed toward improving the reentry process. There is also a review of the types of programs that help prisoners reenter the community and examples of the types of programs that are used to both supervise and aid offenders as they leave prison and return to the community.

CHAPTER OBJECTIVES 1. Outline the history of parole, and specify the role played by Maconochie and Crofton.

2. Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

3. Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

4. Identify how the number of offenders on parole supervision has changed over the past three decades.

5. Explain the conditions of parole supervision, and how classification is used to determine offender risk.

6. Describe the process of parole revocation and list the due process rights for offenders during this process.

7. Describe the prisoner reentry process, the issues inmates face when reentering the community, and what can be done to address them.

LECTURE OUTLINE •

The History of Parole o Origin of French word, parol, meaning “word of honor” o Parole – conditional release prior to expiration of sentence o Maconochie and the Mark System ▪ Alexander Maconochie – Superintendent of British penal colony on Norfolk Island ▪ Created the mark system – credits against a sentence that allowed inmates to be released once they earned marks from good behavior and work ▪ Pushed for penal reform and better treatment of prisoners ▪ Four stages of release, each providing more liberty 41

• •

•

•

Penal stage – solitary confinement and punishment Associated stage – association with other inmates, work and programs • Social stage – inmates grouped and held responsible for each other’s behaviors • Ticket of leave – conditional pardon o Walter Crofton and the Irish System ▪ Sir Walter Crofton – director of Irish prison system ▪ Created 4-stage system of release • Solitary confinement – approximately 9 months long and focuses on punishment • Special prison – works with other inmates and takes classes to earn credits • Open institution – transitional stage focusing on freedoms • Ticket of leave – conditional release Parole Begins in the United States o First meeting of the American Prison Association occurred in 1870 ▪ Zebulon Brockway presented a paper on the Irish system ▪ He became superintendent of the Elmira Reformatory (first reformatory in the United States) in 1876 • Created a system of earning privileges among inmates, including parole o Parole and the Medical Model ▪ Under the medical model, indeterminate sentencing and parole were increased in use • Focused on rehabilitation, reintegration, and inmate treatment • Kept dangerous criminals incarcerated for longer • Parole was an incentive for good behavior o Attacks on the Medical Model and Parole ▪ Martinson review concluded “nothing works” ▪ Justice model – proposal to use determinate sentencing and eliminate parole boards ▪ Just deserts model – proposal to use fixed sentencing so that punishment fits the crime ▪ Discretionary parole – release of inmates where the decision is made by parole board ▪ Supervised mandatory release – inmates serve a determined sentence then release with supervisory conditions ▪ Unconditional mandatory release – expiration of sentence New Models for Release Decisions o Parole guidelines – similar to sentencing guidelines, these are used to predict success of offender on parole and risk to the community o Salient factor score – point determination to use in parole guidelines o Problems with Moving Away from Indeterminate Sentences ▪ With determinate sentences, inmates often serve shorter sentences 42

▪

•

•

•

Without parole, there are few ways to hold inmates accountable for misconduct in prison ▪ Elimination of parole increases prosecutorial discretion.

▪ Parole boards can reduce disparity in sentencing decisions ▪ Parole boards can act as a safety valve for prison overcrowding ▪ Abolishing parole can also include abolishing supervision after release Current Status of Parole in the United States o At year-end 2015 there were 870,500 offenders under parole or mandatory release supervision o 94% convicted of a felony o 87% male o 44% white, 38% black, 18% Hispanic Operations of Parole o In Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979), the Supreme Court ruled that parole was a privilege and not a right o The Organization of Parole Boards ▪ Parole authorities responsible for release decision and post-release supervision • Agencies responsible are dependent by state ▪ Parole boards are composed of appointed individuals who are experts in criminology, social work, or other members of the community o The Parole Hearing ▪ Hearing officers – officials who are not appointed parole board members, yet they hold parole hearings and make recommendations to the parole board regarding inmates’ release ▪ Hearings are held in the prison or at state parole offices ▪ Parole board gathers information on behavior while incarcerated from records and staff • Inmates are allowed to discuss their crimes and behavior while in prison, as well as stability of plans after release ▪ If board grants parole, presumptive parole date is issued o Supervision and Conditions of Parole ▪ Standard conditions – given to all parolees ▪ Special conditions – pertains to particular parolee • Can entail electronic monitoring, therapy, drug treatment ▪ Positive contact – face-to-face contact between a parole officer and offender o Teaching Note: Invite a parole officer or parole board member to be a guest lecturer.

Terminating Parole Supervision o Revoking Parole ▪ If a technical or new-crime violation occurs, the revocation process includes: 43

•

•

• Possible stipulated agreement • Notice of violation and possible arrest • Preliminary revocation hearing • Full revocation hearing • Reprimand/modification of conditions or return to prison o Legal Issues Regarding Revocation ▪ Morrissey v. Brewer (1972) • Once parole is granted, certain due process rights are in action before revocation o Advanced written notice of violation o Opportunity to attend hearing ad present evidence/witnesses o Right to cross-examine o Neutral body to hold hearing o Written decision • Morrissey did not provide right to counsel o Movie Note: Show students the 55-minute Frontline documentary Life on Parole.

Effectiveness of Parole o How many offenders successfully complete parole?

▪ In 2012, 58% of offenders successfully completed parole conditions. o How many offenders recidivated?

▪ 67% of offenders recidivate after release. o How does discretionary release with supervision compare to release with no supervision?

▪ Supervised offenders recidivate less.

Prisoner Reentry: A Changing Phenomenon o 641,027 prisoners were released in 2015 o Prisoner reentry – the process of an inmate leaving prison and returning to the community o Changes Over the Past Three Decades ▪ Transition process began to deteriorate due to reduced funding and change in parole supervision style ▪ Less focus on rehabilitation and reentry ▪ Programs only available to a small number of inmates o Issues Faced by Offenders Returning to the Community ▪ Collateral consequences – adverse effects on the offender that stem from a criminal conviction but are not included in the sentence imposed by the court ▪ Teaching Note: Ask students if individuals with a felony record should be allowed to vote. If yes, at what point?

▪ Obstacles to reentry include: • Housing • Employment • Positive peers 44

•

• Alcohol and drug abuse • Adapting to changing society and technology ▪ Movie Note: Show students the 54-minute Frontline documentary The Released. o Recent Progress in Prisoner Reentry ▪ Second Chance Act – legislation that provided funding for prison reentry programs • Mentoring programs • Drug treatment during and after incarceration • Education and job training • Alternatives to incarceration • Programming for children of incarcerated parents • Early release for certain offenders/offenses ▪ Reentry courts – specialized courts that use judicial oversight to monitor offenders; transition to the community and reduce recidivism o Teaching Note: Invite a returning citizen to be a guest lecturer.

What Else Can Be Done to Improve Prisoner Reentry? o Positive results for: ▪ Vocational training ▪ Work release programs ▪ Drug rehabilitation ▪ Education programs ▪ Halfway house programs ▪ Prerelease programs o Promising results for sex and violent offender programs o A Systems Approach to Prisoner Reentry ▪ State of Washington Department of Corrections plan for a reentryfocused correctional system

LIST OF CHANGES/TRANSITION GUIDE •

Increased focus on prisoner reentry.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the pros and cons of indeterminate and determinate sentences. Ask them to make an argument to the class as to which sentencing option should be used throughout the United States.

• Split students into groups. Provide them with a case study of an inmate who is eligible for parole. Ask them to determine if they would release the inmate on parole.

Class Discussions 45

• • •

Ask students if prisoners should be released early on parole so that they are under supervision in the community or if they should serve their entire sentence and not be under supervision upon release.

Ask students if they believe parole is effective and why.

Ask students what they believe is the biggest issue facing returning citizens today.

Homework • Instruct students to write a one- to two-page paper discussing the differences in prisoner and parolee demographic characteristics. Ask them to explain why there are differences.

• Instruct students to write a paper explaining how reentry is different today than it was a few decades ago and how reentry can be improved.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Describe the four stages of the system of release implemented by Alexander Maconochie on the Norfolk Island penal colony.

The penal stage emphasized punishment and included solitary confinement and a diet of bread and water. The associated stage allowed inmates to associate and begin to earn marks through work, program participation, and good behavior. Poor behavior resulted in an increase in the number of marks required for release. The third stage was the social stage, in which inmates were grouped and held jointly responsible for the conduct of each other, as a way to begin the process of living responsibly in society. The final stage was a ticket of leave, in which prisoners earning the required level of marks received a conditional pardon and were released to the community.

2. Describe the four stages of release implemented by Sir Walter Crofton in the Irish system.

1. Solitary confinement of approximately nine months. Much like Maconochie’s first stage, it included an emphasis on punishment, little interaction with other prisoners, silence, chapel, and work. 2. Special prison in which the offender worked with other inmates and earned marks to gain privileges and move further toward release. Inmates also had to complete three conduct classes, taking up to twelve months. 3. Open institution, a transitional stage to society, with training on the freedoms and requirements of release and continued earning of marks to reach the fourth stage. 4. Ticket of leave, a conditional release for the remainder of the sentence, and the first use of parole as it is known today. The police supervised offenders in rural Ireland, but Dublin had a civilian employee who worked with the police, but also secured employment for the released prisoners, visited their homes, and had them report to him. If they disobeyed the rules, the ticket of leave could be revoked.

3. How did the Elmira Reformatory move toward the implementation of a system of parole in the United States?

46

When the Elmira Reformatory opened in 1876, Brockway was appointed its superintendent. A system of classification allowing inmates to earn privileges for their work and behavior was implemented, and the reformatory was organized so that inmates spent much of their day in education programs and learning trades. Once inmates demonstrated reformation, prison administrators had the authority to conditionally release them to be supervised by state agents in the community.

4. How did the Martinson findings of “nothing works” influence the use of parole and the medical model?

The Martinson review concluded, “nothing works,” which was just the support that opponents of the medical model and parole were looking for. For public officials desiring to reduce costs and make corrections more punitive, this study provided statistical support, and their arguments for a return to determinate sentences gained momentum.

5. Describe some of the suggested models to replace the medical model of corrections.

New models for sentencing and release to replace parole began to be proposed by a variety of individuals with varied philosophical rationales. In 1975, David Fogel, a liberal former correctional official, argued that treatment in prison was a myth, and parole board discretion was unpredictable and unfair to inmates. He proposed the justice model as an alternative, in which he suggested the following: A return to flat, determinate sentences, with procedural rules to limit sentencing discretion; The elimination of parole boards and parole agencies; Making all treatment programs strictly voluntary. In 1976, conservative Andrew von Hirsch proposed the just deserts model, with a return to the classical model of criminology, letting the punishment fit the seriousness of the crime. In this model, indeterminate sentences would be replaced with fixed sentences based solely on the severity of the crime and not on any individual offender characteristics.

6. Compare and contrast parole, supervised mandatory release, and unconditional mandatory release.

Today there are at least three major methods (or statuses) in which inmates are released from prison. No consistent terminology is used to describe the three release statuses from jurisdiction to jurisdiction. The first is the use of discretionary parole, or release from prison to community supervision by the decision of a parole board, after completing the minimum portion of an indeterminate sentence. Parolees are required to meet certain conditions as a stipulation of their release and are subject to being returned to prison if they violate the conditions or commit another offense. A second status of inmate release is supervised mandatory release (also referred to as mandatory parole), the release of inmates after they have served a determinate sentence, but with a period of supervision in the community. Supervised mandatory release is a conditional release, as there are still requirements and conditions that must be met or fulfilled or offenders can be returned to prison. Finally, inmates can serve the full portion of their sentence, pay their full “debt to

47

society,” and have no supervision after release from prison. This status is often referred to as unconditional mandatory release or expiration of sentence.

7. What two factors do parole guidelines attempt to predict?

Parole guidelines, like sentencing guidelines, use predictive factors to determine the offenders’ risk to the community and chance for success.

8. What are the driving factors in the change in the parole population over the past three decades?

Driving changes in population are changes in entry and exits onto parole.

9. Name and describe the two types of parole conditions.

There are two general types of parole conditions: standard conditions that are applicable to all parolees and special conditions pertaining to a particular parolee. Standard conditions of parole are usually the same as the standard conditions for probation, including reporting to their parole officers and keeping them informed of any changes in employment, residence, or other status. Special conditions of parole are again similar to special conditions of probation, such as a requirement for drug or alcohol counseling and testing, vocational training, mental health counseling, or other treatment programs; avoiding a particular person or group of people; residing in a halfway house; or being placed under electronic monitoring.

10. What are the two types of parole violations?

There are two types of parole violations: technical violations of a standard or special condition and new-crime violations when a conviction of a new crime occurs. When offenders commit a new crime, they can be prosecuted and sentenced for the crime, it is considered a violation of their original conditional release, and they can be processed as a parole violator in addition to the prosecution for the new offense.

11. Describe the process for revoking parole.

When either type of violation occurs, a formal revocation process begins, which includes several steps: (1) determining that there is a violation, (2) a possible stipulated agreement, (3) notice of violation, (4) possible warrant for arrest and custody, (5) preliminary revocation hearing, (6) full revocation hearing, and (7) either reprimand/modification of conditions with return to supervision or violation and return to prison.

12. List the due process rights prescribed by the Morrissey v. Brewer decision.

The parolee is provided advance written notice of the alleged violation and the evidence of the violation. The parolee must have the opportunity to attend the hearing and present witnesses and documentary evidence. The parolee has the right to confront and cross48

examine adverse witnesses. A neutral and detached body must hold the hearing. The parolee must receive a written decision of the hearing body, as well as the evidence relied upon to revoke the parole.

13. List some of the ways in which issues facing prisoners reentering the community are different than they were in the past.

Prisoners have been released from prison for more than 200 years, yet reentry today is very different from only a few decades ago. These differences include the following: 1.

Many more offenders are released from prisons than in the past. 2. Many prisoners are released after serving a determinate sentence, and some have no supervision requirements after release. 3. Prisoners are serving significantly longer prison terms. 4. Only a small percentage of inmates receive the benefit of extensive rehabilitation or prerelease programs. 5. The communities to which prisoners return are more disorganized, their families are less likely to be supportive, and they find fewer social services available to them in the community. 6. With reduced tolerance for risk, a larger number of releasees are returned to prison for commission of new crimes or for violating the technical conditions of their parole or release supervision.

14. Describe Seiter and Kadela’s findings regarding the effectiveness of prisoner reentry programs.

Results indicate a positive result for vocational training and work release programs (found effective in reducing recidivism rates as well as improving job readiness skills for ex-offenders), for drug rehabilitation (graduates of treatment programs were less likely than other parolees and noncompleters to have been arrested, commit a drug-related offense, continue drug use, or have a parole violation), to some extent for education programs (only to increase educational achievement scores, but not to decrease recidivism), for halfway house programs (found effective in reducing the frequency and severity of future crimes), and for prerelease programs (effective in reducing recidivism rates of ex-offenders). In addition, there are promising results for sex and violent offender programs.

49

Chapter 7 The Clients of Adult Correctional Agencies CHAPTER OVERVIEW In this chapter, we begin with identifying and providing a basic understanding of the clients of adult correctional systems. Questions asked include the following: What categories of clients do correctional agencies serve? What theoretical underpinnings are the bases of past and current operations? What are the backgrounds and characteristics of the different categories of correctional clients? What might make them unique and require special processing, handling, or management? Has anything in their background contributed to their criminality? For each group, characteristics that make them distinctive and influence how they are handled and managed are described. The chapter begins with an overview of offenders who make up the adult correctional system, including the numbers under supervision and their makeup by gender, offense category, and race and ethnicity. Particular note is made of the increasing number of offenders under correctional supervision and especially the significant increase in the number in state and federal prisons over the past three decades.

CHAPTER OBJECTIVES 1. Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

2. Describe the characteristics, classification, and issues of male offenders.

3. Describe the characteristics, classification, and issues of female inmates.

LECTURE OUTLINE •

Overview of Adult Offenders o By 2015, there were 6,741,400 adults under correctional supervision o Gender, Race, and Ethnicity ▪ Majority of offenders are male and of minority race • Racial disparity – minorities make up a greater percentage of those under incarceration compared to general population ▪ Crime also linked to poverty, lack of opportunity, and drug use • Prevalent in minority neighborhoods ▪ Causes of disparities • Policies and practices • Implicit bias • Structural disadvantage ▪ Female crime rate is growing faster than the male crime rate • Overall crime rate is decreasing

50

▪

•

•

Teaching Note: Pull up the website for your state’s department of corrections and show students the breakdown of inmates in your state based on gender, race, and ethnicity. o Age of Offenders ▪ Three phenomena contribute to the aging of America’s prison: • Overall United States population is aging • Inmates are serving longer sentences • Mandatory sentencing and sentencing guidelines take away judicial discretion to give older offenders probation o Types of Offenses and Lengths of Confinements ▪ Number of people in custody for committing a violent offense has increased 402%, even though violent crime has decreased ▪ Most significant reduction in prison population has been for drug offenders ▪ Sentence lengths have increased • Average length of incarceration was: o 23.7 months in 1990 o 30 months in 1996 o 25 months in 2010 Male Offenders o Males made up 92.5% of the state and federal prison population in 2015 o Male Offenders and Violence ▪ Males made up 79.8% of arrests for violent crime in 2015 ▪ Violence more likely in male prisons than female prisons o Male Prisoners ▪ Majority of adult prisons hold normal male inmates in general population • General population – inmates in prison who do not have any specific designation as a special type of offender ▪ In 2005, 21.6% of male inmates were classified as minimum security, 42.4% were medium security, and 35.9% were maximum security Female Offenders o Females made up 7% of the state and federal prison population in 2015 o Historically been given lesser sentences than men o Women in Prison ▪ Increase in women in prison resulted from the war on drugs ▪ Female incarceration rate is 64 per 100,000 (847 per 100,000 for men) o Special Issues and Needs of Female Inmates ▪ 60% of female inmates have been physically and/or sexually abused ▪ Separation from Family and Children • 60% of incarcerated women are mothers o Hardship on families due to separation

51

o Prisons often have parenting programs to help female inmates with life and parenting skills ▪ Girl Scouts Beyond Bars – Girl Scout troops that have their chapter based in a prison so inmates with children can participate as Scout parents • Movie Note: Show students the 97-minute documentary Mothers of Bedford.

▪ Alcohol and Substance Abuse • Majority of female offenders are alcohol/drug users o Many were under the influence at the time of arrest ▪ Need for Medical Care • Female offenders have more serious health problems than male inmates o Have need for gynecological care and mental health needs ▪ Classification Systems for Female Offenders • Women are often overclassified – placement of offenders in prisons more secure than needed for their level of risk ▪ Other Issues for Female Offenders • Difficult issues upon release regarding employment and housing ▪ Teaching Note: Invite a former female inmate to class as a guest lecturer.

▪ Movie Note: Show students the 46-minute Real Stories documentary titled Women Behind Bars: Indiana State Prison. o Legal Issues Regarding Parity for Female Inmates ▪ Barefield v. Leach (1974) – disparity of programs for female inmates could not be justified because the smaller number of female inmates make it more costly to provide program parity ▪ Pargo v. Elliott (1995) – differences in male and female programs does not necessarily violate equal protection clause LIST OF CHANGES/TRANSITION GUIDE No significant changes have been made to Chapter 7.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the impact parental imprisonment has on children and ways to address these issues.

• Split students into groups and ask them to discuss the different issues that men have coming into prison compared to females and the different issues that they face while incarcerated.

52

Class Discussions • Ask students to explain the impact of the aging prison population on the correctional system.

• Ask students why there are significantly fewer women in prison than men, but also why women are one of the fastest growing prison populations.

• Ask students why the need for medical care (for both male and female inmates) is not a priority of correctional institutions.

Homework • Instruct students to write a paper explaining the ethnic/racial breakdown of offenders and the reasons for the disproportionate number of minorities under correctional supervision.

• Instruct students to write a one- to two-page paper explaining the differences in male and female prisoners.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What has been the primary factor in the growth in the number of individuals under correctional supervision over the past twenty years?

A significant part of the growth in the number of adults under correctional supervision comes from growth in the prison population. The use of incarceration as a criminal sanction skyrocketed from 1980 until 2009.

2. Compare the increase in females versus males in terms of the number under correctional supervision.

The rate for females under all types of correctional supervision has grown more rapidly than the number of males under supervision. The Bureau of Justice Statistics reported in 1999, “Women represent about 21 percent of those on probation, 11 percent of those in local jails, just under 6 percent of those in prisons, and 12 percent of those on parole.”

Although the proportion of the prison population that is female is relatively small, by the end of 2016, females were 7.2 percent of the prison population. The average growth of female prisoners from 2005 to 2014 was 0.5 percent compared to an annual growth of 0.2 percent for male inmates. In 2015, 13 percent of the 870,500 parolees in the United States were females, and of the 3.8 million U.S. probationers, 25 percent were females.

3. What does Wilbanks say about the presence of racism in the criminal justice system and what do most researchers believe is the reason for the disproportionate number of minorities under correctional supervision?

Wilbanks, in The Myth of a Racist Criminal Justice System, proposed that the “perception of the criminal justice system as racist is a myth,” in that while there are incidents of individual racism, most studies do not show sufficient evidence of racism; he concludes that prejudice and racism are not systematic. In turn, many researchers argue that the

53

disproportion results from the fact that minorities are disproportionately involved in crime, especially violent crime, both as the perpetrators and as the victims.

4. How has the age of offenders changed?

Historically, adult criminals began their criminal behavior between ages eighteen and twenty-one and were first incarcerated between ages twenty-five and thirty. Most prisoners were age thirty to forty, with very few young or old inmates. However, the bellshaped age curve of the prison population is leveling out. In 2000, only 3.5 percent of inmates were over age fifty-five, but on December 31, 2016, 19.8 percent (almost 300,000 inmates) were fifty or older.

5. What percentage of people arrested for violent felonies are male?

In 2015, males represented 73 percent of arrests in the United States and 79.8 percent of arrests for violent crime.

6. What is the “general population” within a prison?

The general population are inmates in prison who do not have any specific designation as a special type of offender.

7. What is the overall goal of a prison classification system?

To ensure that inmates are in the proper security level and to plan for their participation in work and programs.

8. Why are women now sentenced similarly to male offenders?

However, during the 1980s, as a result of sentencing guidelines and mandatory prison sentences, judges have less discretion and are now treating women more similarly to men than in the past. Chesney-Lind reports, “Twenty years ago, nearly two-thirds of the women convicted of federal felonies were granted probation, but in 1991, only 28 percent were given straight probation.”

9. How does the recidivism rate for women offenders compare to that for men?

Recidivism rates for female offenders are high, yet are thought to be less than recidivism rates for comparable male offenders. In a 1983 study of 6,400 women (and more than 100,000 men) released from prison in eleven states, 52 percent of the women were rearrested, 39 percent were reconvicted, and 33 percent were returned to prison during a three-year follow-up. A 2002 study noted similar results, as women had lower recidivism rates than the rates for men, as within three years after release, 17.3 percent of females returned to prison for a new offense (compared to 26.2 percent of males), and 39.4 percent of females were returned to prison without a new prison sentence (compared to

54

53 percent of males). This continues as a 2010 publication reports that 47 percent of the women in the study were reconvicted or reincarcerated within two years after release.

And a 2014 study of patterns of recidivism found that overall, 49.7 percent of all releasees in 2005 were returned to prison within three years, and that within three years, 69 percent of males and 58.5 percent of females were arrested at least once.

10. What percentage of the prison population is female?

On December 31, 2016, there were 1,505,397 prisoners in state and federal prisons, of which 111,422 (7.4 percent) were women.

11. List the special problems faced by female inmates.

Some issues facing female inmates that are different from those of male inmates include health care, vocational training and work opportunities, potential of sexual abuse from staff, alcohol and drug use, and problems relating to their children.

12. What programs do prisons have to deal with the parenting needs of female prisoners?

To improve the parental relationship between women inmates and their children, many prisons have established parenting programs. These programs often include training classes to improve parenting skills and suggest methods to “parent” from prison. One example is how to play the role of mother as teacher, by emphasizing the mother reading to children (sometimes on audiotape) and helping children with their school homework during visits. A few programs include special visiting situations where children may be able to spend extended time or even overnight with their mothers and may include special use (separate from other inmates) of the prison recreation or dining areas. A great example of an outstanding program is “PS, I Love You,” a family literacy program in the New Mexico Women’s Correctional Facility. This program videotapes inmates who are mothers reading a book that is then sent to their children. Another unique program to assist inmate mothers in staying connected to their children is Girl Scouts Beyond Bars.

This program was previously Girl Scouts Behind Bars, but now has continued programming both in and out of prisons and jails.

13. How do female inmate classification systems differ from those for men?

Objective classification systems that have been historically developed for male offenders often tend to “overclassify” female offenders, and a survey of state classification systems found that many states have not validated their classification and risk assessments for gender differences. Overclassification is the placement of offenders in prisons more secure than needed for their level of risk. Women have different pathways to crime than do men, and their criminality is often related to their connections with others. It is therefore important to recalibrate objective classification instruments with genderinformed assessments, as instruments developed using predominantly male offender examples do not take into account the specific variables that reduced the risk posed by 55

women. In the 1990s, the Federal Bureau of Prisons (BOP) reviewed its classification system based on these gender issues. The BOP found that it was placing female offenders at a higher level of physical security prisons than their risk of escape or tendency for violence warranted. Therefore, the BOP administratively reduced the number of points assigned for certain types of crimes (such as crimes of violence or use of a weapon during the offense) committed by women and was able to move a large percentage of the female inmate population to less secure prisons.

14. Describe the impact that the case Barefield v. Leach has had on the operation of female prisons.

In 1974, a federal court in the case of Barefield v. Leach found that the state of New Mexico was not providing parity in vocational training and work opportunity for female inmates and ruled that such disparity could not be justified just because the smaller number of female inmates made it more costly to provide parity in these programs.

56

Chapter 8 The Juvenile Correctional System CHAPTER OVERVIEW The purpose of this chapter is explore the purpose and function of the juvenile justice system, as well as compare the methods of handling juveniles versus adults. This chapter describes the problem of juvenile crime, the history and creation of the juvenile justice system, and recent developments to ensure that the system can respond to modern challenges of criminal and delinquent behavior by youth. Issues regarding developing case law, drug crimes by youth, and juvenile gang membership are also described.

CHAPTER OBJECTIVES 1. Summarize the problem of and trends in juvenile crime.

2. Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

3. Summarize the categories of juvenile offenders.

4. Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

5. Describe juvenile residential facilities and the treatment programs in them.

6. Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

7. Summarize issues in juvenile corrections, including the challenges associated with juvenile gangs.

LECTURE OUTLINE •

The Problem of Juvenile Crime o Juvenile arrest rate was 68% lower comparing 1996-2015 o Juvenile violent crime arrests decreased by 47% from 2006 to 2015 o Juvenile violent crime rate greatly increased from 1988 to 1994 ▪ Emergence of crack cocaine and violence associated ▪ Expansion of juvenile gang membership o Decrease in arrests for status offenses – activity only considered criminal because offender is under age 18 o Development of the Juvenile Justice System ▪ Prior to 1800s, children over age 7 were dealt with the same as adults ▪ Refuge Period – period from 1824-1899 where delinquent/ neglected children were placed in home for training and discipline • House, train, educate, and provide good habits for children ▪ Juvenile Court Act of 1899 • Passed in Illinois • Established the first juvenile court in Chicago 57

•

•

•

Juvenile justice system established – handles juveniles separately from adults o Parens patriae – giving the court authority to take over supervision of the child ▪ Juvenile institutions were originally seen as positive places of reform, but then was seen as an overly aggressive sanction • Deinstitutionalize – movement to remove juveniles from correctional institutions and place them in community alternatives ▪ Adultification – move to make the juvenile justice system act more like the adult system ▪ Waiver to adult court – due to violent nature of juvenile crime, statutory exceptions allow movement to adult court for criminal processing ▪ Superpredator – generation of violent youth who practice indiscriminant violence on the street ▪ Movie Note: Show students the documentary They Call Us Monsters. o Waiver of Juvenile Offenders ▪ Mandatory waiver – direct assignment of specific crimes committed by juveniles to be handled in adult court ▪ Discretionary waiver – juvenile courts decide case by case whether juveniles should be waived Categories of Juvenile Offenders o Dependent children – children who have not committed any crime but are without parental supervision o Neglected children – children that have a family or guardian, but are not receiving proper care o Delinquent children – children who have committed a crime o Age of original jurisdiction – oldest age a juvenile court will have jurisdiction over the categories The Juvenile Justice Process o Steps in the Juvenile Justice Process ▪ Juvenile detention – temporary care of children in physically restricted facilities pending court disposition ▪ Intake – determination if juvenile case should be dismissed, handled informally, or referred to juvenile court ▪ Consent decree – informal handling of juvenile case, in which the juvenile admits to wrongdoing and agrees to special conditions of behavior ▪ Referral – formal processing of juvenile offender through juvenile court • Delinquency petition is issued (similar to indictment) ▪ Adjudicate – find a juvenile guilty of a delinquent act ▪ Order – sanction for a juvenile found delinquent by juvenile court

58

▪

•

•

•

•

Aftercare – supervision of a juvenile in the community after serving time in juvenile correctional institution Juvenile Residential Facilities o Number of juveniles in residential placement has declined since 1999 o Security is the primary emphasis in medium and maximum security facilities o Education is the predominant feature of daily activities ▪ Most offenders do not have a high school diploma/GED o Movie Note: Show students the 1-hour documentary Prison Kids: Juvenile Justice in America Juvenile Offenders in the Community o Jurisdictions are moving from residential to community supervision ▪ Juvenile incarceration is expensive and ineffective ▪ Correctional interventions are more effective with higher risk offenders ▪ Using accurate and valid risk-assessment instruments provide foundation for cost savings Legal Issues Affecting the Juvenile Justice System o In re Gault (1967) – require hearings for juveniles who may be committed ▪ Right to counsel ▪ Notice of the charges against them ▪ Question witnesses ▪ Protection against self-incrimination o In re Winship (1970) – finding of guilt had to meet standard of beyond a reasonable doubt o McKeiver v. Pennsylvania (1971) – jury trials are not a requirement in juvenile court o Breed v. Jones (1975) – waiver to adult court after an adjudication hearing in juvenile court constitutes double jeopardy o Roper v. Simmons (2005) – offenders who were under the age of 18 when their crimes were committed cannot be sentenced to death o Graham v. Florida (2010) – banned life without parole for juveniles whose crimes did not include homicide o Movie Note: Show students the 55-minute Frontline documentary Second Chance Kids.

Issues in Juvenile Corrections o Juvenile Gangs and Juvenile Crime ▪ Juvenile gangs – groups of adolescents who see themselves as a group and commit crime • Most gangs are composed or racial groups • Generally composed of males • Involved in gangs to make money and protect turf o Juvenile Competency and Mental Health Issues ▪ Competency is the ability to make reasoned decisions ▪ No standard definition of competency for juveniles in regard to their civil rights 59

▪ Competency is linked to mental illness in juveniles o Responding to Juvenile Drug Crime ▪ Balanced and restorative justice (BARJ) • Integrates goals of public safety and rehabilitation • Similar to approach used in adult drug courts and evidencebased treatment models LIST OF CHANGES/TRANSITION GUIDE No significant changes have been made to Chapter 8.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and provide them with case studies of different categories of juvenile offenders and ask them which category of juvenile offender is depicted in the scenario.

• Split students into groups. Provide them with an activity and ask students to indicate what that activity is called in the juvenile justice system and in the adult justice system.

Class Discussions • Ask students if juvenile offenders should ever be transferred to adult courts. Why or why not? If so, under what circumstances?

• Ask students if offenders who commit their crime while under the age of 18 should be eligible for the death penalty. Why or why not? If so, under what circumstances?

• Ask students if juveniles should be eligible for life without parole sentences. Why or why not? If so, under what circumstances?

Homework • Instruct students to write a paper on the evolution of juvenile due process rights over time.

• Instruct students to write a paper explaining what they believe to be the most important Supreme Court case related to juveniles. Have them explain the case and support their beliefs.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What trends have resulted from the rates of juvenile crime over the past decade?

Over the past three decades, the high number of juveniles involved in crimes has been a serious concern even though the overall juvenile arrest rates have been declining since 1996. Between 1980 and 1996 there was a continuous increase in the arrest rates for juveniles. However, the overall juvenile arrest rate since 1996 has declined 68 percent since that year until 2015. Of most concern was juvenile involvement in serious violent 60

crimes, and public attention and concern regarding the problem of juvenile violent crime increased. However, juvenile violent crime has also declined. From 1980 through the peak year of 1994, juveniles arrested for violent crimes increased 68 percent. However, the number of arrests began to decline in 1994, and from 2006 to 2015, arrests of juveniles for violent crimes continued to decline from 56,938 to 30,130 (47.1 percent).

2. What is a status offense and how are delinquents with status offenses handled?

A status offense is an activity that is considered a crime only because the offender is under the age of eighteen and would not be a crime if committed by an adult; includes acts such as running away from home, ungovernability, truancy, or underage drinking.

When status offenses do not constitute a separate category of juvenile offenders, states classify them in two other ways. In some states, status offenders are an “incorrigible” subcategory of delinquent children. Other states have moved status offenses from acts of delinquency to the category of dependent children, thereby removing them from the juvenile courts and placing them in a family court or child welfare agency. If the status offense behavior continues, however, the juvenile will be referred to the juvenile court.

3. What was the Refuge Period?

The Refuge Period was a period from 1824 to 1899 when delinquent or neglected children were placed in a home for training and discipline.

4. Define the concept of parens patriae.

The concept of parens patriae was recognized as the basis for giving the court the authority to take over supervision of children when their parents failed to provide proper care and guidance. The concept of parens patriae means “parents of the nation” and was first established in England with the 1601 Elizabethan Poor Laws, which allowed officials to take charge of delinquent children and place them in poorhouses or orphanages to gain control of them. In more modern times, this doctrine was expanded as the basis for juvenile court and correctional systems to take responsibility for educating and nurturing delinquents, with an emphasis on reform and rehabilitation.

5. How did the term superpredator develop, and what does it mean for the future of juvenile violent crime?

The increases in juvenile violent crime created a fear by the public of dangerous, marauding gangs of juveniles creating havoc and violence throughout the urban landscape. During the early 1990s, DiIulio coined the term superpredator in warning of a coming generation of violent youths who practiced almost indiscriminate violence on the streets. Over the next decade, there has been what some call an “adultification” of the juvenile system. By this, there have been moves toward making the juvenile justice system more punitive and more looking like adult correctional systems. This may include change in staffing to include juvenile correctional officers, placing staff in military style uniforms, and having juveniles in residential programs wear uniforms.

61

6. What is a waiver to adult courts, and why are some juvenile offenders handled in adult criminal courts rather than juvenile courts?

Waivers to adult courts allow the movement of serious juvenile offenders to adult courts for criminal processing. In discretionary waivers from juvenile to adult courts, juvenile courts usually decide on a case-by-case basis whether the court will waive the processing of the juvenile and allow prosecution as an adult in the criminal justice system. In this situation, the juvenile court must first find probable cause to believe that the juvenile committed the alleged act and, if so, must also find that it is in the court’s best interest to waive its right to handle the case and give jurisdiction to the adult court.

7. What are the four categories of juvenile offenders and how is each managed in the juvenile justice system?

The juvenile justice system defines three categories of offenders: dependent, neglected, and delinquent. Dependent children have committed no legal offense but may be without a family (parent or guardian) or without support, possibly because the parent is physically or mentally unable to act in that capacity. Neglected children have a family or guardian but are not receiving proper care, or the situation in the home is harmful to them and their upbringing. Delinquent children have committed an act that would be considered criminal if committed by an adult. In many jurisdictions, a fourth category is status offenders, children who have committed acts that are law violations only if committed by a person of juvenile status.

8. How does the typical mission of a juvenile justice agency differ from the mission of an adult correctional agency?

The adult system emphasizes public safety through managing offenders; it mentions supervising and providing rehabilitative services to enhance public safety. The juvenile agency, on the other hand, focuses on enabling youth to fulfill their needs within the context of the family and community. Assessment, care and treatment, and education of youth are seen as the most important functions, and the emphasis in on the youth instead of the community.

9. Describe the process followed as a juvenile moves through the juvenile justice system and compare it to the adult criminal justice system.

Once a juvenile comes in contact with the police, he or she may be detained for a short time to contact a parent or guardian or while awaiting transfer to a juvenile facility. The next step in the juvenile justice process is intake, carried out by the juvenile probation department or prosecutor’s office to determine whether the case should be dismissed, handled informally, or referred to the juvenile court. If during intake the determination is to handle the case formally, or the case was originally handled informally and the juvenile does not meet the consent decree conditions, it will be formally handled and a 62

referral will be made to the juvenile court. The referral is similar to charging an adult offender with a crime. In the referral, a delinquency petition (similar to an indictment for adults) states the delinquent acts the juvenile is alleged to have committed and asks the juvenile court to adjudicate (or find the juvenile guilty of the delinquent act) and make the juvenile a ward of the court. A hearing is then scheduled, facts are presented, witnesses may be called, and the court determines whether the juvenile is responsible for the delinquent act. If the juvenile is found responsible for the delinquent act, the judge must determine what sanction or order (similar to the sentence for an adult) should apply.

10. What are the two primary court orders (sentences) for juvenile offenders, and approximately what percentage of juveniles receive each?

The primary orders for juveniles are for either probation or out-of-home residential placement. In 2013, it was estimated to be 1,058,500 juvenile cases that came to the attention of the juvenile court. Of this total, 55 percent (582,800) were petitioned or handled formally, and of those, 55 percent (323,300) of juveniles were adjudicated delinquent. The majority (64 percent) received probation and 78,700 (24 percent) were placed outside the home.

11. What has been the trend in the numbers of juveniles receiving an order of commitment to a residential facility?

The number of juveniles in residential placement has been declining since 1999, when the number of residential placements peaked at over 109,000. By 2013, the number of residential placements had decreased by 50 percent, and there were only 54,148 juveniles confined in 1,947 public and privately operated facilities across the United States.

12. What was the most significant outcome of the U.S. Supreme Court decision in In re Gault?

In In re Gault, the Court rejected the doctrine of parens patriae as giving the juvenile court unbridled discretion and required that, in hearings in which juveniles may be committed to an institution, they must have the right to counsel, to notice of the charges against them, to question witnesses, and to protection against self-incrimination.

13. Describe and list the most important court decisions regarding sentencing juveniles to the death penalty. What is the current legal position on this issue?

In 1982, the Court decided Eddings v. Oklahoma, declaring that the youthful age of a defendant should be considered a mitigating factor in deciding whether to apply the death penalty during the penalty phase of a capital punishment trial. In Sanford v. Kentucky (1989), the Court determined that the minimum age at which a juvenile could receive the death penalty is sixteen. In October 2004, the U.S. Supreme Court heard the case of Roper v. Simmons, and on March 1, 2005, the Court, by a 5–4 vote, held “the Eighth and Fourteenth Amendments forbid the imposition of the death penalty on offenders who are under the age of eighteen when their crimes were committed.”

63

14. How do juvenile street gangs contribute to street crime and what two approaches are taken to control gang behavior?

Gangs get involved in criminal activities to make money, to intimidate others and protect their turf, and as a part of the structure and role of members. Most gang violence results from their involvement in drug sales, but gangs are regularly involved in all types of index crimes. Survey results for 2012 indicate that youth gang-related homicides increased by 20 percent over the past five-year averages. Law enforcement officials attempt to control gang activity through suppression and social programs.

15. What is the BARJ model for juvenile justice and how does it work?

With neither rehabilitation nor juvenile accountability proving to be effective in dealing with juvenile drug crime, a blending of both into a balanced and restorative justice (BARJ) perspective has emerged. BARJ integrates the goals of public safety and rehabilitation, using graduated sanctions to reward good behavior and increased punishments for improper behavior, collaboration with the juvenile justice system and other community resources such as substance abuse treatment providers, and a case management approach identifying and using community services to build on each juvenile’s strengths and talents.

64

Chapter 9 Special Offenders CHAPTER OVERVIEW This chapter describes the circumstances and management approaches that result from the individual needs of a variety of special offenders. Included are offenders under age eighteen who are waived from jurisdiction of the juvenile court to adult court and correctional systems, as well as offenders who have serious drug problems or a mental illness. In addition, the chapter includes descriptions of the needs and management of aging offenders (older than fifty), offenders who exhibit violent and dangerous tendencies, and those convicted and sentenced for a sexual offense. Finally, the particular management and treatment of offenders with infectious diseases such as HIV/AIDS and tuberculosis are described. This chapter provides students with an understanding of the challenges and difficulties in attempting to manage all these special populations within a correctional environment.

CHAPTER OBJECTIVES 1. Summarize the issues regarding juvenile offenders in adult criminal courts.

2. Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

3. Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

4. Summarize the issues regarding aging offenders and transgender inmates.

5. Discuss the concerns about violence in prisons by inmates, and suggest reasons for and against the use of supermax prisons.

6. Describe the types of sex offenders and summarize the issues regarding them.

7. Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

LECTURE OUTLINE •

Juvenile Offenders in the Adult Criminal Courts o Three methods to transfer juveniles to adult court: ▪ Waiver – decision made by the judge and limited by age and offense ▪ Direct file – decision made by the prosecutor ▪ Statutory exclusion – mandatory waiver for specific offenses and ages o Blended sentencing – judge can choose a wide array of juvenile and adult sanctions o Straight adult incarceration – juveniles placed in adult correctional facilities with no separate housing o Graduated incarceration – juveniles handled in adult courts are placed in juvenile facilities until they turned 18 and then placed in an adult facility 65

•

•

•

o Segregated incarceration – juveniles handled in adult court are placed in an adult facility, but housed separately and given special programming Prisoners with Substance Abuse Needs o Obama Administration increased drug control budget in 2016 ▪ $15.8 billion for supply reduction ▪ $14.7 billion for treatment and prevention o Arrestee drug abuse monitoring – gathers data within 48 hours of their arrest from individuals regarding their substance abuse o Large portion of state and federal prisoners with substance abuse issues and/or serving time for drug crimes o Bureau of Prisons five-part treatment strategy ▪ Orientation screening and referral ▪ Drug abuse education ▪ Nonresidential drug treatment services ▪ Residential drug abuse treatment ▪ Transitional services Offenders with Mental Illness o Large percentages of inmates have diagnosed mental health issues ▪ More likely to be disciplinary problems, victimized, recidivate, and are more expensive to house in prison o Antipsychotic drugs – drugs administered to mentally ill individuals to counteract symptoms of mental illness o Treatment for mentally ill offenders in prison: ▪ Screening inmates at intake for mental health conditions ▪ Therapy or counseling ▪ Psychotropic medications o Mentally ill offenders after release ▪ Mentally ill offenders are expected to maintain employment and stay crime-free, just like any other offender • Issue of stable housing, medication access, and finding consistent treatment o Movie Note: Show the 54-minute Frontline documentary The New Asylums.

Aging Offenders o Prison population is getting older because: ▪ General population is also aging ▪ Changes in sentencing models ▪ Offenders stay in prison longer o Issues for aging offenders ▪ Prisons are built for young and active offenders • Walking long distances and wheelchair access • Bunk beds used in cells • Different habits compared to young offenders • Fewer work opportunities o Increased health care needs

66

•

•

•

o Medical parole – placing aging or disabled patients in a nursing home or hospital to receive care while still serving sentence ▪ Cost covered by Medicaid o Movie Note: Show students the OWN Documentary Club documentary titled Serving Life o Movie Note: Show students the HBO documentary Prison Terminal.

Transgender Inmates o One of the most vulnerable prison populations o No standards of accepted practice that have been adopted o Issues: ▪ What gender of prison to assign a transgender inmate ▪ Proper pronoun and name to use when addressing an inmate ▪ Providing proper physical and mental health Violent Offenders o In 2015, 49% of adults in state prison were there for violent offenses ▪ Huge threat to security within the prison to other inmates and staff o Supermax prisons – freestanding or distinct within other prisons that provide secure control of violent inmates ▪ Inmates are almost always in solitary confinement o Bruscino v. Carlson (1985) – Federal decision that lockdown of inmates at U.S. Penitentiary in Marion, Illinois was not a violation of the Constitution o Operation and Controversies of Supermax Prisons ▪ Created for inmates who exhibit violent/predatory behavior in other prisons ▪ Center of controversy since establishment • Human rights violations • Negative consequences on individuals • Deterioration of mental health o Movie Note: Show students the 1-hour and 54-minute Frontline documentary Last Days of Solitary.

Sex Offenders o Sex offenders – offenders who committed a legally prohibited sexual act o Pedophile – someone is sexually attracted to and molests children o In 2016, over 861,000 registered offenders in the United States o Sanctions for sex offenders range from probation to imprisonment o Victims of sex offenders ▪ Primarily white ▪ 45% are 12 years old or under ▪ Over 1/3 of assaults are by family members o Sex offender characteristics ▪ Primarily male ▪ Majority are while ▪ Average age at arrest was 34 years old ▪ 22% were married at time of arrest o Treatment and Management of Sex Offenders

67

▪

•

Containment model – approach to managing sex offenders that includes treatment to develop internal control over deviant thoughts, supervision and surveillance to control external behaviors, and polygraph examinations to monitor conformance to treatment plans and supervision conditions • Components include: o Goal of community safety o Individualized case management system for each sex offender o Multidisciplinary collaboration between law enforcement o Consistent public policies regarding effective management o Quality-control to monitor if policies are implemented as intended o Sex Offender Recidivism ▪ Lower than most think ▪ Offenders convicted of child sexual abuse recidivated: • 13.6% with any felony • 9.2% with another sex crime o Civil Commitment of Sexually Violent Predators ▪ Civil commitment statutes – laws designed to continue incarceration of sexual predators even after their maximum criminal sentence • Must be judged to have mental abnormality or personality disorder in most jurisdictions • 20 states, D.C., and the federal government use involuntary commitment laws Offenders with Infectious Diseases o HIV/AIDS ▪ Issue has been declining in prison ▪ Approximately 20,000 prisoners currently with HIV/AIDS ▪ Most inmates contract HIV before incarceration ▪ High medical costs for these inmates o Tuberculosis ▪ Inmates at high risk due to background of poverty, poor living conditions, and substance abuse ▪ Airborne disease o Hepatitis C ▪ Most common blood-borne illness in the U.S. ▪ Spread through sharing of needles for drug use and tattoos

LIST OF CHANGES/TRANSITION GUIDE •

New section and case study regarding transgender inmates.

68

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the best methods for handling transgender inmates.

• Split students into groups and ask them to come up with alternative to supermax prisons.

Class Discussions • Ask students how we can address the issue of mental illness and incarceration.

• Ask students why sex offenders tend to have lower recidivism rates than other types of offenders.

• Ask students if inmates with infectious diseases, such as HIV/AIDS, should be separated from the general prison population.

Homework • Instruct students to write a paper taking a position on whether elderly inmates who pose little risk to the public, but have life without parole sentences, should be released early from prison.

• Instruct students to write a paper on whether states should require inmates to have an HIV test.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What is a special offender, and why do they require special handling while under correctional supervision?

Special offenders are those offenders whose circumstances, conditions, or behaviors require management or treatment outside the normal approach to supervision. This may be the result of some physical problem or infectious disease, a mental disorder, a tendency for violence, a history of sexual assaults, age (juvenile or elderly), or serious substance abuse. All these circumstances required correctional officials to create special methods of managing, handling, or treating these offenders.

2. What forces encouraged the movement toward the waiver of juveniles into adult courts?

With a concern for dealing with serious juvenile offenders in a punitive and public safetyoriented approach and with the expansion of authority to move juveniles into the adult court and correctional process, there was initially an increase in the number of waivers to adult courts, but the number then began to decline.

3. In what ways do correctional agencies deal with juveniles under confinement?

69

Many correctional officials are opposed to housing offenders under age eighteen in prisons with older adult felons, and even most states that allow integration of juvenile prisoners with adults prefer to maintain some type of separation. This is sometimes difficult, especially in states that have only a handful of juvenile offenders. With small numbers, it is almost impossible to keep juveniles separate from adults, yet provide a full range of program offerings. In states with large numbers of juveniles in adult prisons, the administrative problems are less burdensome, as an entire prison can be dedicated to the youthful offenders and specialized programs developed to meet their needs.

4. Explain the distinction between drug offenders and drug addicts.

Drug offenders are those who have been convicted of drug crimes, which may or may not stem from an addiction. Drug addicts have physical dependencies on drugs.

5. What role have antipsychotic drugs played in the deinstitutionalization of mentally ill individuals?

Antipsychotic drugs were invented in the 1960s, and they helped many people with mental illness remain in the community rather than be placed in mental hospitals. These drugs provided a humane alternative to the deleterious placement of patients in the old state mental hospitals, where patients often had little to do and received minimal treatment. Taking antipsychotic drugs can help most mental health patients stay in the community, and many state mental hospitals closed during the latter half of the twentieth century.

6. What problems do mentally ill inmates cause?

Mentally ill inmates are more likely than other inmates to have disciplinary problems while in prison. In addition, a recent survey reported that mentally ill prisoners: Remain incarcerated longer than regular prisoners; Are disproportionately abused, beaten, and/or raped; Become much sicker while incarcerated, especially if not being treated; Are much more likely to spend time in solitary confinement; Are disproportionately more likely to commit suicide; Are more likely to be returned to prison following release; and are more expensive to house in prison or jail.

7. List the reasons for the increased proportion of elderly inmates in the prison population.

The prison population in the United States is getting older. Part of the reason for this is that the general population of the United States is also aging. A second reason for the increase in elderly offenders is the changes in the models of sentencing, as sentencing guidelines and mandatory sentencing take away sentencing judges’ discretion to consider age, health issues, and risk to the community. Finally, as a result of lengthening prison sentences for almost every crime, offenders sentenced to prison stay a longer time. And three-strikes and habitual offender laws often can mandate a sentence of life without

70

parole. These prisoners naturally age while serving their sentence and end up dying while in prison.

8. How do correctional agencies make a gender housing assignment for transgender inmates?

The BOP has created a Transgender Executive Council (TEC) to offer advice and guidance on unique measures related to the treatment and management of transgender inmates. Upon receipt of a transgender inmate, prison staff contact the TEC for advice on the designation. The TEC considers the inmate security level, past criminal and disciplinary histories, current gender expression, medical and mental health issues, and risk of sexual victimization. The housing decision within the assigned prison is also on a case-by-case basis, with the emphasis on not jeopardizing the offenders’ health or safety.

Most states make the original designation decision in this manner, although there are others that have a clearer policy regarding initial assignment. In a discussion regarding transgender inmate management at the Association of State Correctional Administrators meeting in August 2017, some heads of state departments of corrections stated they assign all offenders to a prison based on the gender listed on their birth certificate, and others stated they assign them to a prison based on their current gender identification.

9. Why have supermax prisons become such an attractive option for the management of violent or seriously disruptive inmates?

The purpose of the solitary isolation and extraordinary security within a supermax prison is to prevent extremely violent and dangerous inmates from harming others. Supermax prisons serve two functions in this regard. First, they control very violent and dangerous inmates. With constant diligence, security, and caution, these inmates have very limited opportunity to harm others. As inmates comply with security rules and show less intent to be disruptive, they usually earn small additional privileges, such as added time out of their cells or the opportunity to recreate or eat with a small number of other inmates.

Over two or three years, if they continue to behave, supermax inmates can progress in privileges and work their way out of the supermax to a traditional maximum-security prison. The second function of supermax prisons is to discourage violent behavior in general-population prisons. Correctional administrators point out that the presence of supermax prisons is an incentive for good behavior, because inmates want to avoid being sent to this type of lockdown confinement.

10. What issues are cited by opponents of supermax prisons?

Opponents of solitary confinement assert that the lack of human contact, the absence of work, and the deficiency of intellectual stimulation are human rights violations and have negative consequences on individuals. The most common argument against supermax prisons was that the isolation would result in a deterioration of the mental health of inmates, and would be especially damaging for inmates that were already mentally ill at their time of placement.

71

11. Why do sex offenders present such a difficult challenge for management in both community and institutional settings?

Not all sex offenders share similar characteristics, and the most effective management and treatment come from creating a program that relates to the individual characteristics of the offender.

12. What is the containment model of supervising sex offenders?

The containment model is designed to use a “triangle” of supervision: “treatment to teach sex offenders to develop internal control over deviant thoughts; supervision and surveillance to control offenders’ external behaviors; and polygraph examinations to help design, and to monitor conformance to, treatment plans and supervision conditions.”

13. What is civil commitment and who is it used for?

Involuntary civil commitment statutes are designed to keep sexual predators out of the community even after they have completed their maximum criminal sentence. When a person is convicted of a sex offense, he or she receives a specific sentence for that crime.

Once the inmate serves his or her time and is nearing release, the state files a petition to have him or her involuntarily and indefinitely committed to a mental institution or special correctional setting that is a blend of a prison and a mental institution. The process includes the completion of an evaluation by mental health professionals, and a probable cause hearing is held to determine whether to label the offender a sexually violent predator. Most jurisdictions require that the offender has both a history of engaging in criminal sexual behavior, and a mental abnormality or personality disorder that without treatment makes it likely he or she will continue to commit acts of sexual violence, even though there are no specific professional criteria that can objectively be considered.

14. Identify the various categories of offenders with infectious diseases.

Infectious diseases most common to and most problematic with correctional populations include HIV/AIDS, tuberculosis, and hepatitis C. 15. What is the rate of confirmed cases of HIV among inmates, and how does this compare to the rate of those infected with the virus in the nonprison population?

It is estimated that in 2014, 1.1 million Americans were living with HIV infection. The overall rate of confirmed AIDS cases among the U.S. prison population was approximately five times the rate in the general U.S. population.

72

Chapter 10 The Management of Offenders CHAPTER OVERVIEW The first section in this chapter covers how prisons and their headquarters agencies are organized. The organization of any agency should be designed to enhance the completion of the agency mission. In the second section of this chapter, the methods used to manage inmates and control behavior are addressed. These include the consistent implementation of state-of-the-art policies and procedures, a classification system to match inmate needs and security risks with staff and prison resources, and the use of a fair and equitable system for disciplining inmates who violate rules. Finally, the critical role that staff members play in prison operations is described. No matter how good the physical security of a prison, no matter how thorough the policies, and no matter how well implemented a classification or inmate disciplinary system, if staff members are not competent and professional in carrying out their duties, all these other managerial aspects are undermined. In this regard, this chapter also describes the practices used to recruit and hire quality staff, as well as the role that collective bargaining plays in managing a prison.

CHAPTER OBJECTIVES 1. Outline the organizational structure of prisons.

2. Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in a prison.

3. Define unit management and describe the role it plays in the management of a prison.

4. Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

5. Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

LECTURE OUTLINE •

The Organization of Prisons o State Department of Corrections ▪ Central organization that oversees state and federal prisons is the central office or headquarters • Varies in responsibility depending upon the state o Functions of the Office of Director ▪ Director – chief executive officer of the department of corrections • Generally oversees central management functions ▪ Organizational entities often include: • Public affairs – manages media • Legislative liaison – answers legislative requests and builds support for resources 73

•

•

•

Legal advisors – manages inmate lawsuits and handles policies • Internal affairs o Inspector handles allegations by inmates against staff ▪ Administrative Functions • Budget development – gathers information from prisons regarding budget and resource use • New prison construction – new prisons and/or units (beds) are constantly being added in the United States ▪ Human Resources Functions • Recruitment • Hiring • Evaluations • Retirement ▪ Community Supervision Functions • Parole and (sometimes) probation ▪ Field Operations Functions • Supervise wardens and implementation of policies Prison Staff Organization o Three categories: ▪ Custody – all security functions • Uniformed staff ▪ Treatment – all rehabilitative functions focused on keeping inmates productively engaged and preparing them for release • Professional staff ▪ Services – all the functions required to operate a prison • Staff and facility issues o Custody and Security Functions ▪ Referred to as correctional services ▪ Paramilitary in organization, rank, and dress ▪ Largest department in a prison o Treatment Functions ▪ Include education and vocational training, recreation, mental health programs, religious services, and substance abuse services ▪ Provide rehabilitative activities o Service Functions ▪ Include budget and finance, maintenance, human resources management, food and health services, work programs, commissary, and laundry operations ▪ Employee awards program – recognize and reward staff members who perform beyond expected level o Teaching Note: Open the website for your state’s department of corrections. Show students the breakdown in number of employees who fall under custody, treatment, and services.

Unit Management 74

•

o Organize the prison into smaller components to decentralize authority to manage inmate population and make staff more accessible to inmates o Unit manager – individual in charge of a unit o Case manager – social worker or inmate caseworker o Correctional counselors – work with inmates on daily issues Controlling Inmate Behavior o Policies and Procedures ▪ Clear and well-written policies and procedures • Consistent with professional standards (American Correctional Association manuals) • Clearly communicated to staff and inmates • Consistently implemented and in a quality fashion ▪ Quality Assurance of Policy • Consistent implementation of prison policies is ensured by: o Monitoring policy compliance ▪ Policy audit – review to determine if broad agency policy is in place ▪ Policy implementation audit – review to determine if policies are consistently carried out by staff members o ACA accreditation – process to promote and recognize improvement through administration of voluntary standards o Inmate Classification ▪ BOP was the first to develop a classification system in the mid1970s ▪ Current function • Determine appropriate security level for inmates • Determine housing assignments • Reclassification is a motivator for good behavior ▪ Internal classification systems – instruments used to assign inmates to housing or programs after they are placed in a particular prison ▪ Reclassification occurs on a regular basis • Every 3 or 6 months ▪ Incentive for good behavior o Inmate Discipline ▪ Inmate disciplinary system – policy that clearly prescribes the process required to find that an inmate committed a proscribed act and identifies allowable punishments • Punishments range from warning to placement in a supermax prison ▪ Inmate disciplinary systems usually include: • Written policy documenting prohibited behavior • Fair and equitable sanctions increasing with the severity of rule violation • Ways to separate inmates from the general population 75

•

•

Provisions for long-term separation or special security for inmate threats ▪ Administrative appeals process – informal process for inmates to appeal a disciplinary sanction or to seek remedy of any other injustice they feel they have received at the hands of correctional officials ▪ Teaching Note: Find an inmate handbook online and show students some of the rules inmates are required to abide by.

The Role of Staff in a Prison o Historically, role of correctional staff was narrowly defined o Recruiting, Hiring, and Retention of Correctional Staff ▪ Rich targets for recruiting correctional workers: • Military • Social services agencies • Colleges and universities ▪ Successful correctional worker will have certain traits and abilities: • Good interpersonal skills • Ability to make sound decisions • Lack of prejudice • Understanding of need to treat all clients fair and consistently • Ability to think on one’s feet • Ability to supervise others • Good presentation of oneself ▪ Integrity interview – interviews of candidates for correctional employment used to assess if candidates have issues to put them in compromising positions ▪ Staff diversity – representation of a wide variety of people working for a correctional agency ▪ Affirmative action programs – activities to aggressively recruit and provide opportunities for employment to women and minorities o Collective Bargaining within Correctional Agencies ▪ Collective bargaining – formal recognition of employee organizations and their right to negotiate with management regarding workplace issues ▪ Seniority – use of length of employment to determine employee’s assignment, days off, or other job related functions

LIST OF CHANGES/TRANSITION GUIDE •

Includes new issues and information regarding the challenges of recruitment and retention of correctional staff.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities 76

•

Split students into groups. Provide examples of inmates violating prison rules and ask students to decide what disciplinary action the inmate should receive.

Class Discussions • Ask students how correctional agencies can recruit and retain good staff.

• Ask students if affirmative action programs should be used by correctional agencies to recruit diverse staff.

• Ask students if correctional officers should be able to go on strike as a way to demand increases in salary, better working conditions, etc.

Homework • Instruct students to write a paper on the importance of unit management in a prison.

• Instruct students to write a paper on the reasons for and effects of turnover in a correctional agency.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Why are entities such as public and media affairs, legislative liaison, legal advisors, and internal affairs often organizationally located in the office of the director?

As criminal justice and correctional issues have become of great interest to the public, there is a tremendous demand for information from the media. Minor incidents in one prison with local media interest are usually handled at that local prison. However, an issue of state correctional policy or a major incident will usually result in the headquarters public information section responding to requests from the media.

2. What is the role of an inspector in a department of corrections or prison?

The inspector is a person in a department of corrections who investigates allegations by inmates against staff.

3. Describe the three functions of custody, treatment, and services within a prison organization.

Custody is all the functions that come under the security activities within a prison; includes all uniformed employees, such as correctional officers and correctional supervisors. Treatment is all of the rehabilitative functions focused on keeping inmates productively engaged and preparing them for release, including counseling, religious services, substance abuse programs, or education Services is all the functions that are required to operate the prison, such as budget and finance; maintenance of the facility; human resources management; and those that provide basic services to inmates, such as food and health services, work programs, commissary, and laundry operations

77

4. What is unit management and how does it contribute to the management of a prison?

Unit management is a way to organize a prison into smaller components, decentralize the authority to manage the inmate population, and make staff more accessible to the inmate population. Unit management enhances staff and inmate communication. The BOP program statement on unit management notes that it “places inmates in close proximity to staff . . . enhances the quality of relationships between staff and inmates by providing: increased frequency of contact, direct observation of inmate behavior and potential problems, and increase inmate access to the staff who make primary decisions about them.”

5. Name the three common staff titles working in unit management.

Unit manager, case manager, correctional counselor 6. Why is it important to consistently implement policies and procedures within a prison?

Inmates realize the need for policy and almost welcome it. Their whole life revolves around the activities within the prison. They recognize the importance of routine in a correctional environment and want to know what they and other inmates have to do in each situation. Inmates also recognize that if policies are not consistently implemented or staff members are not diligent in their monitoring and enforcement, some inmates will take advantage of the complacency, violate the policy, and compromise the overall safe environment for inmates as well as staff.

7. What processes are used to determine whether policies and procedures within a prison are being consistently applied?

Two activities used to ensure consistent implementation of prison policies are monitoring policy compliance and ACA accreditation. The method most commonly used to monitor policy compliance by staff is an active auditing program to determine the extent to which policy is effectively carried out and contributes to the mission of the prison. Prisons use a variety of auditing procedures to monitor compliance with operational policies. ACA accreditation is a process to promote and recognize improvement in the management of correctional agencies through the administration of voluntary standards.

8. What is an objective classification system?

An objective classification system is an actuarial risk assessment to determine an inmate’s initial assignment to a prison.

78

9. What is an internal classification system, and what function does it play in a prison?

Internal classification systems are instruments used to assign inmates to housing or programs after they are placed in a particular prison. However, most prisons still make these decisions based on clinical judgments or make housing assignments only on the availability of space.

10. How can a classification process assist in gaining inmate compliance?

Classification is an incentive for good behavior by inmates because it is used to guide inter-institutional transfers due to security or treatment purposes. Inmates seldom stay at the prison to which they were originally assigned throughout their entire term of incarceration. Their time served and institutional behavior change their predicted risk of violence and escape. Correctional agencies regularly reclassify and move inmates to higher- or lower-security prisons based on these changes. Objective classification systems make it very clear to inmates what they need to do to have their security level reduced or what behavior will result in an increase in security. Most inmates strive to get to lower-security prisons throughout their term of imprisonment and therefore work for good behavior to reduce their level of security and increase their freedom and opportunity for program involvement.

11. Define an inmate disciplinary system.

An inmate disciplinary system is a policy that clearly prescribes the process required to find that an inmate committed a proscribed act and identifies allowable punishments for each act. It is a key to controlling inmate behavior.

12. List five sanctions that can be taken against inmates for failure to abide by prison rules.

Warning, reprimand, assignment of extra duty, restriction to quarters, impoundment of personal property, loss of job, removal from program or group activity, change of quarters, loss of privileges, monetary restitution, withholding of good time, disciplinary segregation, disciplinary transfer, placement in a supermax prison.

13. What processes are available for inmates to appeal a disciplinary decision or seek to redress wrongs done them by prison staff?

Once there is a finding of guilt and imposition of a sanction, correctional agencies usually provide an administrative appeals process to allow inmates to appeal a disciplinary sanction or to seek to remedy any other injustice they believe they have received at the hands of correctional officials. Having an appeals process promotes acceptance by inmates and avoids expensive and burdensome review of disciplinary decisions by federal courts. Administrative appeals usually have at least two levels: first a

79

reconsideration by the warden, and if the inmate is not satisfied with the response, a second level of reconsideration by the agency headquarters.

14. Why are staff members so important to the functioning of a prison?

Corrections is a business in which people are more important than the bars and fences, prison cells, or available technology. Correctional staff members supervise offenders, monitoring and guiding their behavior toward the development of a crime-free and productive lifestyle.

15. Why is staff recruitment and hiring so important to the accomplishment of the mission of a prison?

With the dramatic increases in the number of prisoners during the 1980s and 1990s, most prisons became overcrowded, and correctional staff often felt overworked and frustrated and feared losing control. Totally outnumbered, correctional officials recognized that the authoritarian style of inmate supervision was ineffective, and that skill in interpersonal communications was more effective to gain the compliance of inmates and maintain order. Correctional officials moved aggressively to recruit educated individuals trained in supervising and communicating with others. Many states and the BOP require candidates for correctional officer positions to have either a bachelor’s degree or at least two years’ experience working in a correctional or law enforcement setting. Corrections began to recognize the critical value of all staff members, not just those delivering treatment programs, in accomplishing their mission.

16. Define collective bargaining and describe its history in corrections.

Collective bargaining is the formal recognition of employee organizations and their right to negotiate with management regarding conditions of the workplace. The purposes of collective bargaining are as follows: To establish and protect employees’ rights; To improve working conditions and benefits; To establish and maintain more harmonious employer-employee relationships; To establish a participative role for employees in management decisions that affect employees. Collective bargaining is well entrenched in many prisons and correctional agencies and has a major impact on policy and practice, and there is usually a harmonious relationship between management and labor.

80

Chapter 11 Prison Life CHAPTER OVERVIEW The purpose of this chapter is to explore the facets of prison life, the norms and values impressed on the inmates, and the victimization and offending behavior that occurs within the walls. This chapter addresses the world in which inmates live and the issues of violence, inmate culture, drugs, gang activity, and homosexuality that inmates face. The chapter presents the prison environment for both male and female inmates, because institutions for each have many unique characteristics in terms of the culture, inmate relationships, and potential for violence.

CHAPTER OBJECTIVES 1. Describe the activities within total correctional institutions that Goffman suggested make it more difficult for prisoners to successfully return to and adapt to community living.

2. Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

3. Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

4. Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. 5. Identify the ways that illegal drugs come into prisons and evaluate the potential of various methods to limit their availability within prisons.

6. Outline the history of women’s prisons.

7. Describe the culture in women’s prisons, including the function of pseudofamilies, and compare it to the culture in men’s prisons.

LECTURE OUTLINE •

•

Prison Life for Male Offenders o Total institutions – setting isolating people from the rest of society and unnecessarily manipulating them through the actions of administrative staff ▪ Uniforms, shaved heads, and complete control over rule enforcement o Zimbardo’s Stanford Prison Experiment Prison Culture and the Inmate Code o Inmate code – expected rules and behaviors represented by model prisoner and reflecting values/norms of society ▪ Don’t snitch ▪ Don’t trust the guards ▪ Mind your business 81

•

•

▪ Don’t exploit other inmates ▪ Respect the cons o Prisonization – process by which inmates take on folkways, mores, customs, and general culture of the prison ▪ New language ▪ Status ▪ Degradation of others o Inmate subculture is a result of deprivation of liberties and importation of values from the outside o Three types of inmates in the prison setting: ▪ Convicts – long-term inmates who become used to prison society and find a way to live in this environment with minimal issues ▪ Thieves – inmates who have adopted a career of crime and are doing time until they get a “big score” ▪ Square johns – first time offenders who are affiliated with straight society Violence in Prisons o One in four inmates are victims of non-sexual violence in prison, due to: ▪ Overcrowding ▪ Tensions between gangs ▪ Street culture ▪ Boredom ▪ Sexual frustration o Interpersonal violence – violence between two or more inmates that occurs due to personal issues o Collective violence – violence that occurs between or initiated between groups o Three categories of inmates who resort to violence: ▪ Antisocial offenders ▪ Special needs offenders ▪ Psychopathic offenders o Factors associated with victimization: ▪ Offense history ▪ Institutional history ▪ Personality characteristics Gangs in Prisons o Prison gangs – groups that form in prison and use the threat of violence to intimidate other inmates, control drug sales and prostitution, and gain power and influence ▪ Approximately 230,000 gang members in prison ▪ 24.8% of the male inmate population are gang members o Current major gangs in prison: ▪ Aryan Brotherhood ▪ Mexican Mafia ▪ Black Guerilla Family ▪ La Nuestra Familia 82

•

•

▪ Mexikanemi ▪ Texas Syndicate o Prison Gang Control Strategies ▪ Transferring to gang members to maximum security facilities ▪ Limiting inmates’ access to money ▪ Placing the most violence-prone gang members in special facilities ▪ Developing gang intelligence ▪ Recruiting informers ▪ Observing daily activities in identify patterns o Gang validation process – identification of the number of identifiers of gang activity used to confirm individuals’ gang activity ▪ 5-6 items = member ▪ 3-4 items = associate ▪ 1-2 items = suspect o Debrief – gang members tell correctional officials everything they know about gang operations ▪ Become enemy of the gang o Movie Note: Show students the 5-minute CorrectionsOne clip titled Differences Between Street and Prison Gangs. o Movie Note: Show students the 51-minute documentary America’s Deadliest Prison Gangs. o Teaching Note: Find the number of validated prison gang members housed in your state’s department of corrections and present that information to students.

Homosexual Behavior in Male Prisons o Large portion of inmates participate in homosexuality in prison, but do not identify as homosexual o Many fights and stabbings often result from sexual triangles (jealousy between inmates) o Most prison rapes are methods of domination and power maintenance o Prison Rape Elimination Act (PREA) was passed in 2003 ▪ Established a zero-tolerance policy for sexual assault in prison ▪ Mandatory yearly reporting by the government on sexual assault in prison ▪ Increased punishments for inmates and staff involved in sexual assault ▪ Teaching Note: Show students various PREA standards. o Conjugal visiting – private visiting opportunities between inmates and spouses with the expectation of participation in sexual activity ▪ Controversial approach to reduce degree of homosexuality in prison ▪ Only permitted in California, Connecticut, Mississippi, New Mexico, New York, and Washington Drugs in Prisons o 47.5% of federal inmates and 15.2% of state inmates are serving time for drug offenses in 2015 83

•

•

o Prisoners are constantly looking for opportunity to get drugs into the prison ▪ Staff ▪ Family visits ▪ Mail o Inmates who sell drugs in prison have extreme power o Prison administration tries to reduce availability by: ▪ Mail and packages checked for contraband ▪ Inmates stripped searched after visit ▪ Search of staff each day when they enter for duty ▪ Random drug testing of inmates o The Function of Humor in Prison ▪ Humor serves different purposes: • Allows inmates to show feelings without being vulnerable • Allows inmates to achieve control Prison Life for Female Offenders o The History of Women’s Prisons ▪ Males and females were housed together until the Walnut Street Jail made a separate wing in the late 1700s ▪ Elizabeth Fry, a Quaker, advocated for separation of female inmates, hiring of female guards, and decreased amount of hard labor for female inmates ▪ Reformatories for women were opened in the late 1800s • Built in cottage-style architecture – several small housing units holding 30 inmates, with a kitchen, living room, and nurseries for children ▪ Modern-day female prisons now resemble men’s prisons • Campus-style architecture • Physical security has increased Culture in Women’s Prisons o Women are not afraid to “snitch” on other inmates o Women seek companionship/emotional stability ▪ Form pseudofamilies – family organizations where inmates play role of parents and children o Experience stress and depression due to separation from children o Between 30-60% participate in lesbian relationships o Sexuality is used for companionship, support and affection o 2011-2012: PREA report indicated that female inmates had twice the rate of inmate-on-inmate sexual assault compared to men o Teaching Note: Invite a former female inmate to be a guest lecturer.

LIST OF CHANGES/TRANSITION GUIDE •

New case study regarding prison “currency.”

84

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the reasons that a prison culture is formed.

• Split students into groups and ask them to discuss ways that prisons can control drug use, gang activity, violence, and homosexuality without using punitive sanctions.

Class Discussions • Ask students if prison gang members should be separated from the general prison population.

• Ask students whether they believe prisons should have rules against any type of sexual behavior between inmates.

• Ask students whether they believe conjugal visits should be allowed in prison.

Homework • Instruct students to write a paper on prisonization and the effects of prisonization on returning citizens.

• Instruct students to write a paper explaining the differences in culture in men’s and women’s prisons.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Define what Goffman meant with the concept of “total institutions.”

In 1961, Erving Goffman was one of the first to describe the impact a prison environment could have on those housed within the institution. Goffman described the concept of total institution as a setting isolating people from the rest of society and unnecessarily manipulating them through the actions of the administrative staff.

2. Describe the Zimbardo experiment and its results.

To test the ways in which prisons change human behavior, Zimbardo constructed a mock prison in the basement of a building at Stanford University and used students in one of his college classes to play the roles of staff and inmates. Twenty-four male students were then randomly assigned to roles as either guards or prisoners. For two weeks, the prisoners were to spend time in the “Stanford County Prison,” with the guards responsible for operating the prison. Soon after the experiment began, guards and prisoners became hostile toward each other; guards humiliated and yelled at prisoners, and prisoners resisted and insulted guards. The situation deteriorated to the point that after the first week Zimbardo had to cancel the remaining week of the experiment.

Zimbardo wrote that “some boys (guards) treat others as if they were despicable animals, taking pleasure in cruelty, while other boys (prisoners) became servile, dehumanized robots who thought only of escape, of their own individual survival and of their mounting 85

hatred for the guards.” This experiment illustrates the type of relationship that can easily develop between staff and prison inmates; constant diligence and strong leadership by prison administrators are needed to avoid such a situation.

3. What are the two theories regarding how inmate culture becomes a part of prison life?

There are two theories on how the inmate culture becomes a part of prison life. The first is that the culture is indigenous to prisons; Clemmer believed that it develops as a result of the environment in which inmates find themselves. Sykes believed that the norms arise specifically in response to the deprivations and loss of liberty inherent in incarceration.

The other theory is that the culture is imported or brought in with the values of the inmates from the outside world.

4. How has following the inmate culture in a prison changed, and what are the potential reasons for the change?

Today, many people believe that the inmate code is dead or at least ignored by most inmates. The older inmates talk of “young punks,” inmates who are always out to exploit others, don’t respect the old-timers, constantly cause trouble that brings greater supervision from staff, and use muscle and not brains to get through their prison experience. The change in adhering to the inmate culture comes from at least several developments. The first is that, with a greater reliance on prison than on probation for many offenders, there are more square johns in prison, and even though they serve short sentences and turn over rapidly, they represent a larger percentage of inmates who do not adhere to the inmate culture. Second, there are many young and impulsive inmates who respect only physical power or intimidation. Finally, the fact that prisons are not as isolated as in the past undermines the solidarity and formation of the inmate code.

5. List five reasons for violence in prisons.

Overcrowded prison conditions; tensions between inmate gangs; the powerlessness, boredom, and sexual frustration of inmates; and the importation of street cultures of “face to face rivalries, retaliation, machismo, disrespect, and drunkenness” have all been suggested as reasons for violent acts in prisons.

6. What methods do correctional agencies use to control prison gangs?

To control the activities and violence of gangs, correctional staff members focus on a variety of strategies. These include early detection of gang activities, identification of leaders and members, surveillance of gang activity, denial of gang turf or wearing of gang colors and symbols, separating gang members from other prisoners, and a variety of gang control tactics. Lesce identifies six measures to control prison gangs: Transferring gang members to maximum-security prisons; Limiting inmates’ access to money, which often plays a critical role in inmates’ underground economy; Placing the most violenceprone gang members in special facilities; Developing gang intelligence; Recruiting 86

informers; Observing inmates’ daily routine activities to identify patterns of activities and associations of gang members.

7. List three of the major gangs in prisons today.

Aryan Brotherhood, Mexican Mafia, Black Guerilla Family, La Nuestra Familia, Mexikanemi, Texas Syndicate 8. Why, does Hassine suggest, do most prison sexual assaults occur?

Although some rapes are strictly for sexual gratification, Hassine reports that most sexual assaults (rapes) in prison are committed to “generate fear and to maintain power over the general population.” The most likely targets of such assaults are inmates who are young, physically small, and seen as weak and easily intimidated. Inmates often watch for the newly arrived inmates (“fish”) to identify likely targets of sexual aggression and then take advantage of them while they are feeling alone and do not yet understand the avenues they can take to protect themselves from assault. These inmates are led to believe that they can later report this sexual pressure and be protected by staff.

9. What do correctional officials do to prevent sexual assaults in prison?

To try to reduce the number of sexual assaults in prisons, correctional staff members use several preventive and reactionary measures. First, they advise inmates during the reception process that sexual assault is a possibility and that they have the option of telling staff and being separated from the aggressors. Second, staff members watch for signs of such aggressive acts and question potential targets about such pressure. Finally, staff members investigate every allegation of sexual pressure or assault and will separate the inmates from one another as a precautionary measure.

10. What is the Prison Rape Elimination Act (PREA) and what types of sexual assault occur in prison?

In 2003, the U.S. Congress passed the Prison Rape Elimination Act (PREA). The Act required the collection of information on the incidence and prevalence of sexual assault within correctional facilities and the development of national standards for the prevention, detection, and reduction of sexual violence in prison. A survey was conducted of jails and prisons to identify the level of sexual violence reported to the correctional agency. The results were an estimated continued increases, with 5,386 alleged incidents of sexual violence during 2004, 6,528 in 2006, 7,444 in 2008, and 8,763 for 2011. The Bureau of Justice Statistics in 2012 continued the survey, and estimated that there were 80,600 inmates in jails and prisons who experienced an incident of sexual victimization.

11. What percentage of inmates in state and federal prisons are serving sentences for drug offenses?

87

47.5 percent (81,900 inmates) of federal inmates and 15.2 percent (197,200 inmates) of state inmates were serving a sentence for a drug offense.

12. How do drugs get into prisons?

Prison inmates that are desirous to use drugs are always scheming to find avenues to bring drugs into prisons. They look for opportunities through the mail, by bribing or paying staff to bring in drugs, by getting their visitors to bring in drugs, and through any other weakness they discover in a prison’s security procedures.

13. What role does Terry suggest that humor plays in a prison environment?

Charles Terry, who served lengthy prison sentences in both California and Oregon, writes regarding the use of humor by inmates to negotiate the gap between a normal and a convict identity. Terry suggests that inmates regularly use humor to “denigrate the system” and blame it for the conditions in which inmates find themselves.

14. What were the major reforms that led to the current operation of prisons for women?

The first of reform for female prisoners was prompted by an English woman named Elizabeth Fry, a Quaker who formed the Ladies Society for Promoting the Reformation of Female Prisoners in 1816 and tried to convince officials that the special needs of women required hiring female guards and making other reforms. Fry traveled to the United States and pushed for similar reforms for female prisoners there as well.

Partly as a result of her efforts, the New York House of Refuge was opened in 1825 with a totally separate building to house female juvenile offenders, who were to be supervised by female staff. A major step forward in the treatment of female offenders occurred in 1863, when Zebulon Brockway, then-superintendent of the Detroit House of Correction, opened a separate unit for women and hired women as guards or matrons. Brockway also divided the inmates into small family groups, used the matrons as role models for the women, and provided domestic training.

The emphasis was on education and training to prepare inmates for release and successful return to society.

15. How does the inmate culture in a women’s prison differ from that in a prison for men?

The culture in a women’s prison is considerably different from that in a men’s prison, with a different style of inmate communications with each other and with staff. Most studies report that women also have an inmate code, emphasizing similar guidelines for women as for men, such as “do your own time” and “don’t rat (tell) on other inmates.”

However, the code is not as important to women as to men. There are two important differences between male and female inmate culture and the inmate code. The first is that female inmates are not hesitant to talk to staff and there is little concern that inmates are “snitches” if they are seen talking to staff. The second difference is in the relationships 88

that women form. Male inmates stay as independent and isolated as possible and avoid any emotional or personal relationships. Female prisoners, on the other hand, seek close personal and emotional relationships with other inmates.

16. According to PREA surveys, how is sexual assault for female inmates different than for males?

In response to the Prison Rape Elimination Act, surveys indicate a significant difference in sexual activity between female and male inmates. In the 2008–2009 and the 2011–12 PREA survey of inmates, women had twice as high a rate of inmate-on-inmate sexual victimization compared to men, yet a lower rate of staff sexual misconduct. And an examination of sexual violence that occurs in female prisons and how if differs from that which occurs in male prisons found that violence between female inmates was part of the “constellation of overlapping individual, relational, institutional, and societal factors,” and that violence occurs on a continuum ranging from verbal intimidation to homicide (extremely rare). The report confirmed that violence in women’s prisons is not as severe or prevalent as in men’s prisons. Women described sexual victimization as ranging from sexual comments and touching to sexual assault by aggressors. Although their threat of unanticipated sexual violence appears to be less likely than in men’s prisons, it related more to a buildup of the types of relationships described above and can be the result of the relationship going bad through disrespect or jealousy.

89

Chapter 12 The World of Prison Staff CHAPTER OVERVIEW The purpose of this chapter is to explore what is means to work in a corrections facility, including interactions with inmates and other staff. This chapter focuses on the people rather than the organization: the world in which prison staff members work, the issues they face, the ways they handle them, and the culture that develops as a result of stressful and challenging working conditions. Descriptions and functions of some of the primary prison staff positions are described, but the chapter focuses on the environment and culture that result from working in a prison setting.

CHAPTER OBJECTIVES 1. Describe the various jobs and functions of prison staff.

2. Outline the organizational structure of prisons.

3. Explain the role of a prison warden, including setting and reinforcing the prison’s organizational culture.

4. Understand the correctional officer’s role and daily activities, and consider the pros and cons of this job for you.

5. Describe the role of treatment and services staff within a prison.

6. Summarize prison culture for staff.

7. Describe the unique challenges and issues faced by female correctional officers.

LECTURE OUTLINE •

The Jobs of Prison Staff o Chaplain o Counselor or case manager o Computer specialist o Institution administrator o Substance abuse counselor o Employee development specialist o Facility maintenance worker o Financial manager o Food service worker o Health care worker (physician or nurse) o Industrial supervisor o Laundry supervisor o Psychologist o Personnel manager o Recreation specialist o Safety manager o Secretary/clerical worker o Classification specialist 90

•

•

•

o Teacher o Staff training instructor The Organization of Prisons o From early 1800s to 1960s, prisons were closed systems ▪ Prison systems that consist only of the internal environment, under the direct control of the warden, and without interference of external groups o Currently operating as open systems ▪ Prison systems that have frequent interactions between the organization and other groups, in order to obtain resources, gain support, and accomplish goals o Prison Chain of Command ▪ Vertical hierarchy in an organization, identified in terms of authority, and the order through which persons receive directives from the person immediately above them and pass these directives to the person immediately below them The Warden o Chief executive officer of a prison, responsible for day-to-day operations o The Role of Modern Wardens ▪ Era of bureaucratic wardens • Development of a mission statement • Coordination of budget • Strategic evaluation • Management of daily activities • Management of labor relations • Formulation of policy • Supervision of staff ▪ Modern warden is a manager of resources, role model for staff, and juggler of priorities ▪ Warden leadership styles are different compared to the past • Transactional leaders – traditional leaders in an organization who were involved in exchange relationships between leaders and followers • Transformational leaders – leadership based on principles, while motivating staff to jointly address challenges and find solutions ▪ Organizational culture – values and beliefs that form a way of life in an organization Life for a Correctional Officer o Correctional officer – staff person in a prison or jail who accomplishes the institution’s mission by maintaining control and order in the prison ▪ Make up 2/3 of all staff in prisons ▪ 74% of corrections officers in state prisons are male o The Daily Grind ▪ Categories of correctional officer assignments • Living units 91

•

• Work detail supervisors • Industrial shop and school officers • Yard officers • Administration building assignments • Perimeter security • Relief officers ▪ Post orders – detailed description of the activities that are required to be performed throughout the day, often including the time they are to occur ▪ Typical day is mix of routine activities and communication with inmates o Stress and Danger ▪ Stress is common among correctional officers ▪ Causes of stress: • Organizational stress o Understaffing o Overtime o Shift work • Work-related stress o Threat of violence o Inmate demands • Challenges to authority • Stress from outside the system o Poor public image and poor pay o Result in high turnover o Correctional Officer Careers ▪ Tremendous experience ▪ Can provide valuable foundation for future career opportunities o Recruiting and Retaining Correctional Officers ▪ Difficulty recruiting quality individuals ▪ Work environment is not well known ▪ Historically experienced high turnover and low morale ▪ Biggest impact on reduced turnover is the recession o Teaching Note: Show students your state’s qualifications to be a correctional officer and the associated pay. o Movie Note: Show students the 3-minute Texas Department of Criminal Justice’s clip titled Day in the Life of a Correctional Officer o Movie Note: Show students the 15-minute Teamsters clip titled Inside Prison Walls: Through the Eyes of Corrections o Movie Note: Show students the 11-minute CBC News clip titled Prison Guards and PTSD: High Rates with Little Attention. o Movie Note: Show students the 27-minute BBC Stories documentary titled Training for a Life in Prison The Roles of Other Prison Staff o Other Security Personnel ▪ Uniformed staff – staff who work in security and custody 92

•

•

o Treatment and Program Staff ▪ Professional staff – staff in a specialty area that require distinctive training and education o Services Staff ▪ Provide inmate services ▪ Includes prison industries, facility maintenance, business operations, food services, and medical care The Prison Culture for Staff o Two types of culture develop within a prison ▪ Management culture • Culture based on the way prison leadership deals and communicates with subordinate staff • Falls into continuum between autocratic and empowered • Historically, operate toward autocratic end ▪ Relationship culture • Culture based on how staff members view and communicate with inmates • Falls into continuum between authoritarian and reasoned Female Correctional Officers in Men’s Prisons o Title VII of 1964 Civil Rights Act provides for discriminatory practices if there is BFOQ ▪ Bona fide occupational qualification reasonably necessary to the normal operation of the business for discriminatory practices to occur o Dothard v. Rawlinson (1977) – Supreme Court ruled that BFOQ against female correctional officers was allowed because of the deplorable conditions in Alabama prisons o Gunther v. Iowa (1979) – inmate privacy is not a reason to refuse to hire female corrections officers o Movie Note: Show the New York Times 12-minute clip titled Dangers for Female Prison Guards

LIST OF CHANGES/TRANSITION GUIDE •

Includes new information regarding employment of correctional officers, the stress of their work, and recent developments regarding union membership.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to think of ways in which correctional administrators can reduce stress levels among correctional officers.

• Split students into groups and ask them to discuss the issues faced by females working in corrections and the positives of having female correctional officers working in male prisons.

93

Class Discussions • Ask students what they believe to be the most difficult part of being a correctional officer.

• Ask students why they would or would not want to be a correctional officer.

• Ask students if female correctional officers should be allowed to work in male housing units.

Homework • Instruct students to compare and contrast the different warden leadership styles and to make an argument for which style they believe to be best for an organization.

• Instruct students to write a paper on correctional officer turnover and the impact turnover has on a correctional agency.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. Prisons have many staff members other than correctional officers. List five other staff positions within a prison.

Chaplain, counselor or case manager, computer specialist, institution administrator, substance abuse counselor, employee development specialist, facility maintenance worker, financial manager, food service worker, health care worker, industrial supervisor, laundry supervisor, psychologist, personnel manager, recreation specialist, safety manager, secretary/clerical worker, classification specialist, teacher, staff training instructor 2. What is a closed and open system of a prison?

Closed systems consist of only the internal environment and, for prisons, this meant what happened within the walls or fences, under the direct control of the warden and without much interest or any interference from external groups. Open systems have frequent interactions between the organization and other groups to obtain resources, gain support, and accomplish goals. Open systems of prisons receive numerous inputs from external government units and are held accountable for certain expected outputs from taxpayers and elected officials.

3. How does staff empowerment expand the effectiveness of prison operations beyond the traditional use of issuing orders through the chain of command?

In a much more complex sense, prison administrators realize that policies and orders cannot cover every act and decision that must be made by a correctional officer or the way they react to a new experience not covered by policy. Therefore, wardens attempt to instill in all levels of the organization the important principles and values that should be considered when staff members act independently. Through this empowerment, staff members do not just receive orders continuously through the chain of command. While they are trained in and follow policy, they are also informed about the reasoning behind 94

the policy and understand the underlying philosophy for carrying out their duties.

Therefore, staff perform their duties and make decisions consistent with the philosophy and reasoning behind the policy.

4. What is the role of a modern prison warden?

The modern warden is a manager of resources, a role model for staff, and a juggler of priorities; he or she balances custody and treatment, is firm but fair, and knows how to manage the environment external to the prison as well as that within.

5. How does transformational leadership differ from transactional leadership?

Transactional leaders were traditional authorities within an organization who were involved in exchange relationships between leaders and followers. They provided answers and direction for any issue the agency confronted. Transactional leaders were the traditional authorities: those with position, power, and knowledge of a substantive area.

They were able to provide answers and give direction for any issue the agency confronted. Staff respected them and looked to them for guidance and direction.

Transactional leadership worked well in a prison with a relatively stable environment and with routine situations within the experience of the leader. Transformational leadership is much broader than transactional leadership. It is based on principles rather than practice and on motivating people to jointly address challenges and find solutions to new problems. Transformational leaders emphasize the set of values and principles to be used as guidelines in responding to issues. They help staff and the organization to learn and to work through problems in an adaptive manner. They involve staff in finding creative and innovative solutions to new problems.

6. What percentage of all prison staff members are correctional officers or correctional supervisors?

Correctional officers and supervisors make up approximately two-thirds of all staff members in state and federal prisons.

7. Describe the job of a correctional officer.

The job of correctional officer can become a daily grind of routine duties, while dealing with stressful and possibly dangerous situations. Routine in a prison environment is the consistent, scheduled, and expected activities that make up the day within a prison.

Officers have to be consistent in the performance of required functions, and inmates have to know what is required of them in terms of such routines as count, locking down in cells, work call, and going to meals. Correctional officers receive a specific assignment in a prison that can be anything from supervising inmates on a work crew or in a housing area to a non-inmate contact job in a tower or control center.

8. What is a post order?

95

A post order is the detailed description of the activities that are required to be performed throughout the day that often includes the time at which they are to occur.

9. What are three causes of stress for correctional officers?

The National Institute of Justice found three categories of danger and stress: work-related (demanding work requirements and work-related family conflicts), institution-related (gang threats and finding contraband), and psycho-social risks (mental health issues and poor work performance due to burnout).

10. How do correctional officers gain the compliance of inmates?

Effective correctional officers gain compliance by communicating expectations, fairly enforcing rules, and treating inmates with respect and dignity.

11. List three types of treatment departments within a prison.

Psychological services, vocational training, substance abuse, education, religious services, recreation 12. What are service departments within a prison?

Prison industries, facility maintenance, safety and sanitation, staff training and development, business administration, human resources, health services, food services 13. What are the two types of culture that can develop within a prison?

Two types of culture develop within a prison, one dealing with the management style of command to line staff and one dealing with the relationship between staff and inmates.

14. What did the case of Gunther v. Iowa decide, and how did it affect employment of women as correctional officers in men’s prisons?

Gunther v. Iowa (1979) decided that inmate privacy was not a valid reason to refuse to hire female corrections officers. The Gunther decision eliminated the major support used by the BFOQ by states in not hiring female correctional officers.

15. Approximately what percentage of state and federal correctional officers is female?

In 2002, 22.7% of the total U.S. correctional officers were women.

96

Chapter 13 Custody within a Prison CHAPTER OVERVIEW The primary mission of prisons is to create a safe and secure environment, but this must be done in a balanced manner to support the opportunity for inmates to be involved in programs that can help them in their rehabilitation and reentry to the community. We describe the issue of custody in this chapter. To create a safe and secure environment, custody, the activities within a prison that control inmate behavior and maintain order, must be accomplished in a way that reduces the likelihood of escape or violence. Prisons must be secure to prevent escapes and must be safe, so that inmates and staff can live and work in the prison without constant fear of assault and injury. The purpose of this chapter is to explore the methods used to secure custody and safety in a correctional facility.

CHAPTER OBJECTIVES 1. Summarize the security and custody functions within a correctional facility.

2. Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

3. Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

4. Describe the two categories of inmate assignments in a special housing unit.

5. Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

6. Outline the functions and operations of the three types of emergency teams in a prison.

LECTURE OUTLINE •

•

Security and Custody within a Prison o Effective inmate classification o Physical security within a prison o Consistently implemented security policies o Control of inmate movement and accountability o Control of contraband items o Implementation of effective inmate disciplinary system o Methods to separate unruly inmates or inmates at risk o Control and reduction of likelihood of prison riot Security and Custody Functions o Staff and Setting the Tone ▪ Utilize good interpersonal communication skills ▪ Gaining Compliance of Inmates • Most important skill to learn is how to gain compliance without using threats, coercion or disciplinary action 97

•

Inmate classification systems provide for incentive to behave o Inmate Accountability ▪ Staff’s ability to locate and identify inmates at any point within a prison ▪ Key components of inmate accountability policies/procedures: • Inmates are assigned to work and programs on a daily basis • System of inmate movement • Casual and direct inmate supervision • Security counts of inmates ▪ Program and Work Assignments • Critical security functions • Keep inmates active, limit time to plan an escape, inmates under direct supervision of staff ▪ Inmate Movements • Work call – the time inmates move to their assigned jobs or program assignments • Controlled movement – procedure used by prisons to maintain accountability for inmates as they move throughout the prison • Call out – schedule of all the appointments and required moves for the day • Pass system – form of inmate movement in which an inmate is issued a pass by work or program supervisor to go to an approved appointment ▪ Casual and Direct Inmate Supervision • Critical component of inmate accountability • Casual supervision – supervision by staff members who are not responsible for inmates, but still see their movements • Direct supervision – assigned staff can directly see all inmate activities ▪ Inmate Counts • Regular counts – schedule counting of inmates in their housing units to ensure that they are in prison • Stand-up count – most formal count of the day, where inmates must stand by their cell doors or bed to check appropriate location • Census counts – less formal count conducted at program and work assignments by staff responsible • Random counts – counts done at any time o Control of Contraband ▪ Contraband is any item that inmates are not allowed to possess that count assist in escape, violence, or are a nuisance ▪ Inmates can access these items in multiple ways • Receipt of items in the mail 98

•

• Inmate visitors bring in items • Gain unauthorized possession of prison items • Staff members provide items ▪ The use of cell phones by inmates is a serious problem o Special Housing Units ▪ Temporary housing for inmates who present a danger to other inmates, who need protection from other inmates, or are being punished for violating rules ▪ Administrative detention – nonpunitive confinement ▪ Disciplinary segregation – punitive confinement Inmate Riots and Disturbances o Serious prison riots: ▪ Attica, New York (1971) ▪ Santa Fe, New Mexico (1980) ▪ Southern Ohio Correctional Facility (1993) o Result from the coalescing of two types of factors/events: ▪ Environmental factors – factors that create tension and unrest amongst inmates • Weather • Overcrowding • Poor care ▪ Precipitating event – event that is the catalyst for the riot o Teaching Note: Explain the difference between a prison riot and disturbance. o Preventative actions ▪ Managerial visibility and approachability ▪ Security audits ▪ Consistently enforce all rules/regulations ▪ Maintain effective communication ▪ Provide appropriate programs and services ▪ Implement effective management systems ▪ Develop sensitivity to changes in inmate actions ▪ Use risk-assessment programs o Planning for Emergency Situations ▪ All prisons develop contingency/emergency plans ▪ Emergency plans are a guide for actions when emotions are high, staff/inmates are in danger/injured, and things seem out of control o Emergency Response Teams ▪ Hostage negotiation teams (HNT) – team of employees with excellent communication skills and can act well under stress ▪ Disturbance control team (DCT) – primary mission of controlling inmates in riot situations with defensive tactics ▪ Special Emergency Response Team (SERT) – emergency team trained with the use of lethal force o Movie Note: Show students the 49-minute BBC documentary titled Behind Bars: Riot in New Mexico 99

o Movie Note: Show students the 16-minute PBS clip titled Attica Prison Riot o Movie Note: Show students the 50-minute FBI Files show titled The Atlanta Prison Riot.

LIST OF CHANGES/TRANSITION GUIDE No significant changes have been made to Chapter 13.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the differences between administrative detention and disciplinary segregation. Also, ask them to discuss if it is fair to use administrative detention for inmates who have not violated a prison rule, specifically since administrative detention facilities are similar in design and operation to a supermax facility.

Class Discussions • Ask students how prison administrators can reduce the likelihood of a prison riot.

• Ask students at what point during a prison riot should lethal force be used.

Homework • Instruct students to find a news article on contraband in prison and write a summary about the article • Instruct students to write a paper on a famous prison riot. Have them focus on the precipitating factor(s) and the outcomes of the riot.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What is the definition of prison custody?

Custody is the activities within a prison that control inmate behavior and maintain order.

2. List the eight types of activities that contribute to the security and custody functions within a prison.

• • • • • • • •

Effective inmate classification systems.

Physical security within a prison.

Consistently implemented security policies and procedures.

Control of inmate movement and accountability.

Control of contraband items.

Implementation of an effective inmate disciplinary system.

Methods to separate unruly inmates or inmates at risk.

Control and reduction of the likelihood of a prison riot or disturbance.

100

3. Define inmate accountability and list the key components to maintaining inmate accountability in a prison.

Inmate accountability is the staff’s ability to locate and identify inmates at any point in time within a prison. The key components to maintaining inmate accountability in a prison include: 1) Inmates are assigned to work and programs on a daily basis. These assignments place them under the supervision of staff responsible for that program or work activity. 2) There is a system of inmate movement from one location to another within the prison that reduces the likelihood that inmates can go to other than their assigned location. 3) Staff members provide both casual and direct inmate supervision when inmates are not in their housing units. 4) There are counts of inmates at regular and random times to ensure that they are where they are supposed to be within the prison.

4. What is the difference between controlled movement and a pass system?

Controlled movement is the procedure used by prisons to maintain accountability for inmates as they move throughout the prison. The most common form of controlled movement is to schedule inmates to move from one point to another at a specific time, according to the daily routine and schedule. A prison pass system is similar to that used in many high schools; an inmate is issued a pass by the work or program supervisor to go to the scheduled appointment. The pass includes a place for staff members to write the time the inmate leaves their supervision and for receiving staff members to write the time the inmate arrives and leaves the appointment.

5. What is a stand-up count?

A stand-up count the most formal count of the day, at which inmates must stand at their cell door or by their dormitory bed to be counted and matched to the number of inmates assigned to each housing area.

6. How do random counts prevent inmates from planning escape around the other two types of counts?

Random counts are done at any time and wherever inmates are when the random count is called. The warden or a high-ranking prison official will determine that a random count is needed (just to keep everyone honest) and put out an order for all inmate movement to cease, for all doors to be locked, and for all inmates to be counted where they are at the time. Since inmates know when the regular and census counts are held, random counts keep inmates from planning to leave their assigned area right after a count and give themselves the maximum expected time between regular and census counts.

7. What is contraband?

Contraband is defined simply as any item that inmates are not allowed to possess and can include items that can assist in an escape (ladders or ropes), are dangerous (weapons or drugs), can sabotage or subvert prison physical security (wire cutters that can cut a 101

security fence), or are nuisance items that create unhealthy or unsanitary conditions (unsealed food that can spoil in an inmate cell).

8. List five Class A tools under prison security policies.

Class A tools are those that can be a weapon, aid in escape, or undermine the security of a prison and include items such as files, knives, saw blades, ladders, ropes, extension cords, lift devices, and grinders.

9. What is a shadow board and how is it used to control contraband?

Class A tools and food service knives are hung on a shadow board, a light-colored background with the outline of the tool painted on it. This enables staff to quickly identify a missing tool or knife.

10. What is the purpose of an SHU and what are the two categories of assignment to an SHU? An SHU is a temporary housing assignment for inmates who present a danger to the security of the prison, need protection from other inmates, or are being punished for violating prison rules. There are two general categories of assignments to the SHU. The first category is administrative detention (AD), a “non-punitive confinement used to house inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, or other inmates, or to the security or orderly running of the institution.” Inmates may be placed in AD if they are charged with violating a serious rule in the prison, and allowing them to remain in the general prison population could undermine security or for their own safety. The second category of SHU placement is disciplinary segregation (DS), a status of punishment after a finding of guilt for a serious prison rule violation. DS is for a set amount of time established by the person or committee that considers the violation.

11. What does it take for a precipitating event to cause a prison riot?

A precipitating event is often thought of as the “spark in the haystack” that sets off an inmate riot. It usually takes both the right environmental factors and a precipitating event to create the beginning of a prison riot.

12. Name the three types of teams included in prison emergency plans.

In preparation for inmate disturbances, emergency plans require creation, staffing, and training of at least three teams, capable of using all the options available in crisis situations, including negotiation, controlling the disturbance, and use of deadly force. The three teams include a hostage negotiation team, disturbance control team, and special emergency response team.

13. What is Stockholm syndrome?

102

Stockholm syndrome is thought to result in the hostages and captors beginning to identify with each other; hostage takers see the hostages as people rather than just objects, and they are therefore less likely to physically harm or kill their hostages.

103

Chapter 14 Treatment and Programs within a Prison CHAPTER OVERVIEW In this chapter, we turn from custody to creating an environment to provide inmates the opportunity to address problems and prepare for release. We address some of the issues identified by special offenders (mental illness and substance abuse) in Chapter 9.

However, in this chapter, we examine the challenges and manner in which prisons provide treatment programs. Also, the difficulty of maintaining the delicate balance between custody and treatment is explained, and the methods by which prison administrators attempt to maintain a dual emphasis on both are presented.

CHAPTER OBJECTIVES 1. Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

2. Explain how inmate needs are identified.

3. Describe the various types of education and vocational programs provided in prisons.

4. Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

5. Identify the level of substance abuse among the inmate population and the level of program opportunities provided in prisons.

6. Describe programs for prison work, counseling/therapy, religion, and recreation.

7. Summarize the overall effectiveness of correctional treatment programs.

LECTURE OUTLINE •

•

•

Treatment and Programs with a Prison o Treatment is a function of the rehabilitation philosophy of sentencing o Primary focus of Walnut Street Jail at its opening in 1790 o Became extremely popular with the medical model in 1960s and 1970s o Terms treatment and diagnosis have now been replaced with programming and assessment o For correctional purposes, rehabilitation means to provide programming to address the needs of offenders that can reduce their risk of criminal behavior and improve their chances of success Identifying Inmate Treatment Needs o Classification begins at reception in a prison ▪ Risk assessment ▪ Mental health assessment ▪ Physical need assessment ▪ Educational and vocational testing Types of Prison Programs o Academic and Vocational Programs 104

▪

•

•

•

Approximately 25-45% of inmates do not have a GED or high school diploma ▪ Over 2/3 of inmates participate in a prison education program • Consistently large waiting list for participation ▪ Most states and the Bureau of Prisons have mandatory prison education program (requires inmates without diploma to attend school) o Vocational training – specific training programs to prepare students to work in that trade ▪ Carpentry ▪ Electronics ▪ Welding ▪ Office equipment and word processing ▪ Food services ▪ Horticulture and landscaping o Participation in vocational programs lowers post-release recidivism o Pell grants – grants for disadvantaged individuals used to cover tuition costs for college courses ▪ Congress eliminated inmates from receiving Pell grants in 1994 ▪ In 2015, re-initiated Pell grants for inmates as a pilot program o Issues in Educational Delivery in Prison ▪ Online delivery ▪ Common Core implementation ▪ Electronic testing for GED ▪ Experimentation with the use of computer tablets Mental Health Programs o Large portion of inmates have mental health issues o Almost all prisons have outpatient treatment for the mentally ill ▪ 24-hour care ▪ Therapy/counseling ▪ Psychotropic medication o 155 prisons dedicated to mental illness o Continuum of care – provision of mental health programs based on the intensity of needs for each inmate ▪ Inpatient prison hospital ▪ Short-term crisis units ▪ Residential unit in general population ▪ Outpatient services Substance Abuse Programs o Approximately 50-60% of inmates have substance abuse issues ▪ Often tied to mental illness o Treatment is critically important ▪ Can reduce recidivism by 50% Other Types of Prison Programs o Prison Work Programs

105

▪

•

Lease systems were implemented in the early 1800s with inmates, but ended in the early 1900s ▪ Hawes-Cooper Act of 1929 and Ashurst-Sumners Act of 1935 ended sales of prison products on the open market and prisons began to produce goods that could be used by governments • State-use system ▪ Majority of prisoners work in prison operations • Laundry • Electrical • Plumbing • Serving and preparing food • Sanitation ▪ Prison Industries • Realistic work assignments and positive work habits • Valuable training used after release • Inmate earnings can support families and pay fines • Offset cost of incarceration • Reduce idleness • Two-thirds of states participate in PIE Program – private companies hire inmates to produce goods inside the program o Assets to prison operations o Provide funds to operate o Reduce recidivism o Counseling and Therapy Programs ▪ Cognitive behavioral therapy • Approach based on belief that criminal behavior results from thinking and poor decision-making ▪ Life skills development • Improves competencies such as financial management or parenting skills ▪ Therapeutic communities • Build supportive treatment culture that is integrated throughout housing unit o Religious Programs ▪ Prisons provide religious programs for any group who wants to worship a recognized faith ▪ Worship services, Bible study, discussion groups ▪ Faith-based programs o Recreation Programs ▪ Outdoor and indoor athletics ▪ Card and game playing ▪ Weight lifting (banned in some states) ▪ Incentive for good behavior Effectiveness of Treatment Programs 106

o Evidence based – focus on provision of programs where there is evidence of success, generally defined as reducing recidivism o Meta-analysis – a statistical measure of the average effect an intervention has on recidivism across all studies, while identifying and controlling for various study conditions o Drug programming, job readiness classes, and education reduce recidivism o Resurgence in support for rehabilitation programs LIST OF CHANGES/TRANSITION GUIDE • •

New information regarding a pilot program to test the use of Pell Grants for prisoners.

Discussion of treatment program effectiveness and their impact on reducing recidivism.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and have them discuss whether inmate-made goods should be sold on the open market. Should they be sold at all?

• Split students into groups and have them discuss whether prison programs, particularly education programs, should be mandatory.

Class Discussions • Ask students if inmates should be provided programs while in prison.

• Ask students if inmates should be eligible for Pell grants.

• Ask students if inmates should be provided with recreation programs while in prison.

Homework • Instruct students to write a paper on the effects of Martinson’s “nothing works” report on correctional programming and the reasons why rehabilitation has made a comeback in recent years.

• Instruct students to choose one type of treatment program identified in this chapter and assess the effectiveness of the treatment program.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What is the definition of prison treatment?

Treatment is the creation of an environment and provision of rehabilitative programs that encourage inmates to accept responsibility and to address personal disorders that make success in the community more difficult. Prisons offer a variety of programs in education, vocational training, recreation, religion, substance abuse, mental health, work, and a variety of other self-improvement modalities.

107

2. What are the activities used to identify inmate treatment needs?

The identification of program needs is determined through a combination of assessment instruments, interviews with psychologists or other mental health professionals, and educational and vocational testing. From these assessments, testing, and interviews, inmate needs for various types of programs are identified. Educational proficiency exams give an indication of an inmate’s level of literacy, regardless of the grade completed in school, and indicate whether additional educational programming is needed.

Psychological assessments identify any mental illness, suicide proclivity, or need for special mental health placements or programs. And through interviews and review of histories, the need for substance abuse treatment is determined. Since most offenders have limited work histories and poor work skills, the program plan also addresses the types of vocational training or prison work experience that may help the inmate.

3. How does the percent of prison inmates compare to the general U.S. population in terms of completion of high school or receiving a General Equivalency Degree?

The Bureau of Justice Statistics reported that only 18.4 percent of the general population had not completed high school or received a general equivalency diploma (GED), whereas 39.7 percent of state prison inmates, 26.5 percent of federal prison inmates, 46.5 percent of jail inmates, and 30.6 percent of probationers had only some high school or less. A recent report of a survey of prison and jail inmates indicated more than one-half of each group had less than a high school education. And another report indicated that only 43 percent of offenders entering prison had obtained a GED or high school diploma, while a comparison of all households versus all prison inmates showed 82 percent of households and 63 percent of prison inmates had a GED, high school diploma, or postsecondary studies.

4. What are mandatory education programs in prisons?

Mandatory education programs are those that require inmates without a high school diploma or GED to attend school.

5. How are mental health programs delivered in prisons and what is the continuum of care?

Almost all prisons provide mentally ill inmates with outpatient treatment. There are also 155 prisons that were designed for and have an operational mission to provide mental health programming for inmates. One key to successfully providing mental health treatment to inmates is a positive partnership between state and local correctional agencies and state and local mental health service agencies. In many states, the correctional agency creates the physical setting for treatment within prisons, and the state mental health department provides staff, training, and other resources to carry out the treatment. Particularly important is the continuum of care to provide various levels of 108

mental health treatment based on the intensity of needs for each inmate as inmates prepare for movement from prison to release to the community.

6. Describe the various types of substance abuse programs in prisons.

Of prison substance treatment programs, residential treatment is the most intensive, in which inmates live in a unit entirely focused on a substance abuse milieu, and is often considered the most effective treatment for substance abuse. Other substance abuse programs include counseling by a professional, detoxification units, maintenance drug treatment programs, self-help groups/peer counseling, and education programs.

7. Define the state-use system for prison industries.

The state-use system allows prison-made goods to be sold to and used by the state and federal government agencies.

8. Outline the conditions required to be certified as a PIE Program.

In 1979 Congress passed the Private Sector Prison Industry Enhancement (PIE) Certification Program, which allowed for the sale of prison goods on the open market if the program is certified as meeting several conditions, including the following: Paying the inmates wages comparable with similar jobs in the community. Consulting with representatives of private industry and organized labor. Certifying that the PIE industry does not displace employed workers in the community. Collecting funds for a victim assistance program. Providing inmates with benefits in the event of injury in the course of employment. Ensuring that inmate participation was voluntary. Providing a substantial role for the private sector.

9. List the arguments against weight lifting in prison.

Opponents of weight lifting in prisons argue that inmates who get stronger represent a danger to correctional and law enforcement personnel who may have to physically control them. They suggest that the public does not like the image of inmates spending their time getting stronger by working out with weights, and this image reinforces the stereotypes of a leisurely prison life that does not serve as a punishment and deterrent to crime.

10. Define a meta-analysis, and how has its availability changed the early “nothing works” conclusion?

Meta-analysis statistically measures the average effect an intervention has on recidivism across all studies, while identifying and controlling for various conditions such as the characteristics of the offenders treated, the type of setting, and the study methodology. In a 1993 analysis of the impact of correctional treatment, Lipsey and Wilson reviewed ten meta-analyses and identified a 25 percent reduction of recidivism by psychological, educational, and behavioral correctional treatment programs. In 1995, Losel reviewed 109

thirteen meta-analyses and found that the average impact from the treatment intervention would result in a recidivism rate of 45 percent for the treatment group and 55 percent for the control group.

110

Chapter 15 Legal Issues and the Death Penalty CHAPTER OVERVIEW This chapter discusses the complex issues of the legal rights of inmates and the use of capital punishment. The first section of this chapter addresses the evolution of inmate rights, the foundation for prisoner rights provided by the U.S. Constitution, a description of the specific areas of inmate rights, and some movements to limit litigation by inmates against correctional agencies and officials. The second section of this chapter addresses another emotional issue: the use of capital punishment. Even though our country has a long history of the use of the death penalty as a sanction for serious crimes, the majority of the public supports it, and the U.S. Supreme Court has ruled that capital punishment in itself is not cruel and unusual; there is still deep concern and persevering debate on the topic.

CHAPTER OBJECTIVES 1. Outline the development and sources of prisoner’s rights as well as the rights they have today.

2. Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

3. Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates’ litigation.

4. Outline the history of capital punishment in the United States and the legal provisions for it.

5. Detail the number of executions each year, how executions are carried out, and the problems associated with them.

6. Summarize the arguments for and against the use of the death penalty.

7. Describe the current and any changes in public attitude regarding the death penalty.

LECTURE OUTLINE •

Legal Issues Regarding Inmates o The Development of Inmate Legal Rights ▪ Slave of the state doctrine – decided in Ruffin v. Commonwealth of Virginia that inmates were slaves of the states and had no rights ▪ Supreme Court created hands-off doctrine and did not accept lawsuits from inmates regarding constitutional rights ▪ Cooper v. Pate (1964) – ended hands-off doctrine with case on religious freedom in prison • Number of Section 1983 suits have drastically increased

111

▪

•

•

Precedents set for prison operation and inmate rights – decisions of the courts that come before and are later binding on further decisions The Bill of Rights and Congressional Actions Providing Inmate Rights o Eighth Amendment ▪ No cruel or unusual punishment may be inflicted ▪ Holt v. Sarver (1970) – reasonable sensitivity standard ▪ Bell v. Wolfish (1979) – punitive intent standard ▪ Solem v. Helm (1983) – test of proportionality o Fourteenth Amendment ▪ Individuals are guaranteed due process and equal protection under the law • Fifth and Sixth Amendments guarantee due process in legal proceedings and Fourteenth Amendment extends to the states o First Amendment ▪ No law shall restrict freedom of speech, religion, and press ▪ Pell v. Procunier (1974) – created balancing test declaring prison inmates retain their First Amendment rights not inconsistent with inmate status o Congressional Acts ▪ Civil Rights Act of 1871 – guaranteed the rights of freed slaves and provided access to federal courts for violations of the act ▪ Section 1983 – section of the Civil Rights Act that prohibits any person acting under the color of law from depriving another person of his/her constitutional rights ▪ Americans with Disabilities Act – prohibits any entity from discriminating against an individual with a disability in regard to employment, public service and transportation, public accommodations, and telecommunications services Specific Rights of Prisoners o Conditions of Confinement ▪ Inmates often complain about overcrowding and overall of imprisonment conditions ▪ Pugh v. Locke (1976) – created totality of conditions test to determine if overall conditions are cruel and unusual • Examines the aggregate of circumstances in a prison to determine whether cruel and unusual conditions exist ▪ Wilson v. Seiter (1991) – conditions at a prison are not unconstitutional unless prison administrators show deliberate indifference o Religious Freedom ▪ Cooper v. Pate (1964) established that inmates should be able to practice their religion if: • Religion claimed is an established religion • Practices are basic tenet of religion 112

• Practices are not clear and present danger to prison security Cruz v. Beto (1972) – inmates must be given reasonable opportunity to practice their religion o Medical Care ▪ Provision of adequate medical care is a basic right of inmates ▪ Estelle v. Gamble (1976) – prison officials have a duty to provide medical care to inmates ▪ Fernandez v. US (1991) – established community standards test • Medical care for inmates must be reasonably commensurate with medical care they would receive if not imprisoned o First Amendment Rights ▪ Procunier v. Martinez (1974) – prison officials have a valid security interest in reading inmate mail, but cannot censor it ▪ Other rights: • Prison officials cannot prevent inmates from writing vulgar letters about prison staff • Prison officials can ban inmates from writing to other inmates • Inmates cannot solicit other inmates to form a union • Magazines must be sent directly from the publisher to inmates o Access to the Courts ▪ Johnson v. Avery (1969) – inmates must have full access to the courts and legal assistance ▪ Bounds v. Smith (1977) – prisons must provide adequate law libraries or legal assistance to inmates o Fourth Amendment Rights ▪ Hudson v. Palmer (1984) – protection against unreasonable search and seizure does not include prison cells ▪ Bell v. Wolfish (1979) – strip searches are not a violation of the Fourth Amendment ▪ Tribble v. Gardner (1988) – cavity searches must be justified and the search must be done to respect inmate privacy and dignity ▪ Johnson v. Phelan (1995) – allowed searches of inmates by opposite sex officers o Inmate Discipline ▪ Wolff v. McDonnell (1974) – inmates have the right to the following during disciplinary matters: • Advance written notice of infraction • Sufficient time to prepare a defense • Present evidence and call witnesses • Legal assistance • Written statement of impartial findings Limiting Litigation by Inmates ▪

•

113

•

•

•

•

o In the past 20 years, courts are now ruling more in favor of prison administration o The Supreme Court has returned to a hands-off doctrine management of prison issues ▪ Civil Rights of Institutionalized Persons Act o Congress has made it difficult for inmates to file successful suits ▪ Violent Crime Control Act of 1994 Capital Punishment o The legal killing of someone by the government as punishment for serious criminal misconduct o One of the most controversial components of criminal justice system The History of Capital Punishment in the United States o Capital punishment used extensively in England and early American colonies ▪ Torture and executions carried out in public o Reliance on prisons reduced the number of executions Legal and Statutory Provisions for the Death Penalty o Furman v. Georgia (1972) – arbitrary, capricious, and unfair manner in which capital punishment was administered was cruel and unusual ▪ However, death penalty itself is not cruel and unusual punishment o Most states have passed statutes requiring bifurcated trials for death penalty cases ▪ Traditional trial to establish guilt, then second sentencing stage to determine death or life in prison o Gregg v. Georgia (1976) ▪ Only considered for most serious and specific crimes ▪ Bifurcated trial ▪ During sentencing, jury must hear mitigating and aggravating circumstances ▪ Must be an automatic appeal if death sentence is issued o Coker v. Georgia (1977) – death penalty excessive for rape of an adult o Ford v. Wainwright (1986) – mentally ill individuals cannot be executed o Atkins v. Virginia (2002) – execution of mentally retarded individuals (IQ of less than 70) is cruel and unusual o Roper v. Simmons (2005) – banned execution of juveniles o Kennedy v. Louisiana (2008) – banned death penalty for persons convicted of raping a child Current Statistics and Methods of Capital Punishment o Death Row Prisoners ▪ Year-end 2015 there were 2,881 prisoners with a death sentence ▪ 98% male ▪ 56% white ▪ 42% black ▪ 14% Hispanic (included in white and black figures) ▪ Mean age was 47 years old

114

▪

•

•

Teaching Note: Show students death row statistics for your state, if it has the death penalty. If it doesn’t, pick a state that does. o Executions ▪ In 2015, 28 inmates were executed in 6 states ▪ Lethal injection – drugs are injected into a person’s body, making his heart stop and causing death ▪ Majority of executions have been lethal injections (1,247) • The remaining were electrocutions (158), lethal gas (11), hanging (3) and firing squad (3) ▪ Lethal injection has come under challenge in past few years • Baze et al. v. Rees (2008) – lethal injection drug protocol is constitutional ▪ Availability of drugs • Drug manufacturers have stopped selling drugs used in executions • Some states have begun to secretly buy drugs from pharmacies • States are starting to consider other methods of executions ▪ Movie Note: Show students the Frontline documentary The Execution o Operational Problems ▪ Very secure death rows, with inmates in single cells ▪ Operated like an SHU Reasons for and Against Capital Punishment o Deterrence ▪ Mixed evidence about deterrent factor o Retribution ▪ Eye for an eye ▪ Many people believe capital punishment is the only just punishment for taking a life o Incapacitation ▪ Only sure way to protect public is to execute person ▪ People who commit murder have very low rates of recidivism o Cost ▪ Extremely expensive to try a death penalty case and house an inmate on death row o The Potential for Error ▪ Reasons error exists in death penalty cases • General reasons • Investigative reasons • Reasons during trial • Plea bargaining and failure to dismiss o Movie Note: Show students the 84-minute documentary titled True Conviction Public Opinion Regarding the Death Penalty o Change significantly in past 40 years 115

•

o Lowest levels of support were in the mid-1960s o Support peaked in 1994 (80%) o Support has declined in recent years ▪ In 2013 only 55% supported Movie Note: Show students the 1-hour Werner Herzog documentary Death Row in Texas

LIST OF CHANGES/TRANSITION GUIDE • •

Updated references to significant court cases impacting inmate rights and the death penalty Coverage of the challenge of getting and using drugs required in the protocols for administering the death penalty.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss the important Supreme Court cases that have ruled in favor of prisoners’ rights. Ask them to pick a case they believe to be most important.

• Split students into groups. Provide them with two case studies (one of a murderer who received the death penalty and one who did not) and ask them to determine if they murderers should receive the death penalty.

Class Discussions • Ask students if inmates have too many rights why or why not.

• Ask students why they think there has been declining use of the death penalty in recent years and if it will ever be found to be unconstitutional.

• Ask students if they support the death penalty and why or why not.

Homework • Instruct students to write a paper on cruel and unusual punishment as it relates to confinement in prison.

• Instruct students to find a person who was exonerated from death row and to write a paper about that person’s case.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What is the hands-off doctrine, and in what case did the U.S. Supreme Court abandon it?

The hands-off doctrine was where the Court did not accept lawsuits regarding violation of inmates’ constitutional rights. This ended with the Supreme Court’s decision in Cooper v. Pate (1964) when the Court recognized that inmates could sue prison officials for violation of their rights under the Constitution.

116

2. Define cruel and unusual punishment of the Eighth Amendment as it relates to prison conditions.

The Eighth Amendment states that no cruel or unusual punishment may be inflicted and is a broad opening for a variety of inmate lawsuits over aspects such as prison overcrowding, life and safety issues, use of force against inmates by staff, or poor food or medical care.

3. What is the deliberate indifference test regarding conditions of confinement as established in Wilson v. Seiter?

In 1991, the Court in Wilson v. Seiter noted that uncomfortable conditions are a part of the penalty that inmates pay for their criminality and that inmates must prove that conditions are objectively cruel and unusual and that they exist due to the deliberate indifference of prison administrators. Deliberate indifference thereafter became the standard for individual liability under conditions of confinement suits brought under Section 1983.

4. How did Cooper v. Pate change the reluctance of the federal courts to get involved in prisoner lawsuits?

With its decision in Cooper v. Pate, the Court effectively ended the hands-off doctrine by recognizing that inmates could sue prison officials for violation of their rights under the Constitution. With this decision, the world of inmate lawsuits and legal issues for inmates changed forever. The floodgates were opened; the federal courts spend considerable time and resources handling inmate complaints and correctional administrators must constantly stay attuned to new decisions by the courts and the impact that such decisions have on prison operations.

5. What standards are used to determine whether the level and quality of medical care provided to inmates are constitutionally acceptable?

In 1991, the Court established that medical care in prisons must be “reasonably commensurate with modern medical science and of a quality acceptable within prudent professional standards” (Fernandez v. United States, 1991). This established the community standards test.

6. List the due process principles established for inmate discipline in the case of Wolff v. McDonnell.

Although prison inmates do not receive all the due process of someone not yet proved guilty, the Court enumerated the steps required for prisoner due process when facing a prison disciplinary hearing: The right to receive advance written notice of the alleged infraction; The right to have sufficient time (at least twenty-four hours) to prepare a defense; The right to present documentary evidence and to call witnesses on the prisoner’s behalf, unless permitting this would be unduly hazardous; The right to have 117

assistance (by an inmate or staff representative) when the circumstances of the case are complex or if the prisoner is illiterate; The right to a written statement of the findings of an impartial disciplinary committee of the evidence relied on supporting the finding of fact and the reasons the disciplinary action was taken.

7. How did the Prison Litigation Reform Act of 1996 limit litigation by inmates?

In 1996, Congress passed the Prison Litigation Reform Act, requiring inmates filing prison suits to pay a filing fee unless they claim pauper status, limiting awards of attorney fees, punishing inmates with loss of good time for filing frivolous suits, and prohibiting inmates from suing for mental or emotional distress unless they have suffered a physical injury.

8. Define a bifurcated trial as established by Furman v. Georgia.

A bifurcated trial is used in capital cases where guilt is first established at a traditional trial. If found guilty, the trial moved to a second stage of sentencing, at which the jury would decide between death and life imprisonment, using statutory guidelines to consider both aggravating and mitigating circumstances of the crime.

9. How many states currently have a statute allowing the death penalty?

At the end of 2017, 31 states and the federal government had capital punishment statutes.

10. What 2005 case dealt with the death penalty for juveniles under age eighteen, and what was the outcome of the decision?

Roper v. Simmons was decided on March 1, 2005, where the Court by a 5–4 vote held that “the Eighth and Fourteenth Amendments forbid the imposition of the death penalty on offenders who are under the age of eighteen when their crimes were committed.” The Court believed that a lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults, juveniles are more vulnerable or susceptible to negative influences and outside pressures, and the character of a juvenile is not as well formed as that of an adult. The Court’s ruling removed seventy-two juveniles in twelve states from death row, substituting life in prison for execution.

11. Of all death row inmates, what percentage is white?

56% 12. How many inmates were executed and by what method in 2015, and what state executed the most offenders?

In 2015, 28 inmates were executed in six states. Texas executed the most offenders (13 people). All inmates were executed by lethal injection.

118

13. Describe the controversy over the drug protocol for executions, and what has occurred as a result.

In 2006, death penalty opponents and lawyers for death row inmates began to challenge its use as a violation of the Eighth Amendment prohibiting cruel and unusual punishment.

Most states used a three-drug protocol for lethal injection. The three-drug “cocktail” administered uses sodium thiopental to render the person unconscious, pancuronium bromide to paralyze breathing muscles, and potassium chloride to stop the heart. Even though death penalty supporters and attorneys for states using lethal injection argue that no evidence exists, inmate attorneys suggest that the use of the first two drugs may not always fully work, and the inmate can suffer during the process. This issue of the use of the drug protocol was settled as the U.S. Supreme Court accepted and heard the case of Baze et al. v. Rees. The petitioners were convicted murderers sentenced to death in Kentucky. The state trial court held fact-finding hearings and ruled that there was minimal risk of the improper administration of the drug protocol and upheld its use as constitutional. This was affirmed by the Kentucky Supreme Court. On April 16, 2008, the U.S. Supreme Court voted 7–2 to affirm the decision. The Court noted that the inmates conceded that the procedure was “humane” when carried out correctly and failed to prove the incorrect administration of the drugs would violate the Eighth Amendment. However, inmates continue to challenge the lethal injection protocols and their correct use by prison officials.

14. Describe evidence of the deterrent effect of the death penalty.

A few early studies found evidence of capital punishment as deterrence. However, some of these have been criticized as methodologically flawed and are not recognized as credible evidence. A more recent study by Mocan and Gittings concludes that there is a deterrent effect of capital punishment. Both their 2003 study and a 2006 study that reexamined the data found that each execution results in five fewer homicides, and commuting a death sentence means five more homicides.

15. What percentage of the public supports the death penalty?

A Pew Research Center survey found that support for the death penalty declined from 78 percent in 1996 to 55 percent in 2013. Some of this movement is due to the fact that 95 percent of those polled believed that innocent people are sometimes convicted of murder.

Support of the death penalty has consistently varied by the gender and race of those surveyed. In 2012, 67 percent of males and 59 percent of females, 68 percent of whites, 41 percent of nonwhites, and only 28 percent of blacks were in favor of the death penalty.

16. What dramatic step did Governor George Ryan of Illinois take in 2003 while expressing concerns about the fallibility of the death penalty?

On January 11, 2003, Governor Ryan took a dramatic step. Condemning the capital punishment system as fundamentally flawed and unfair, he announced that he was commuting the death sentences of 167 people (163 men and four women), primarily to 119

life in prison. A few days earlier, he had pardoned four death row inmates, freeing them from death row and from prison. Ryan left office as governor on January 13, 2003, just two days after he emptied the state’s death row, setting the stage for further debate over potential errors.

120

Chapter 16 Current and Future Issues in Corrections CHAPTER OVERVIEW In this chapter, we review some of the most recent developments, issues, and challenges facing corrections today and tomorrow. First, trends in prison and jail populations are examined. We are seeing a rather unusual phenomenon, as the prison population across the United States has begun to decline for the first time in two decades. What is especially interesting is to speculate as to whether this decline will continue, or whether the prison population will begin to increase again. To examine this requires a look at an increasingly critical issue and its impact on the prison population. This chapter also examines these and what states have been doing to reduce budget allocations for corrections.

A critical topic under discussion over the past few years has been “mass incarceration.”

Many people are looking at the United States use of incarceration in a global comparison, and questioning if we are getting the “bang for the buck” in terms of public safety and prisoner rehabilitation from the large dollar commitment we make to prison growth and operations. One approach to relieve prison and jail overcrowding and to reduce correctional costs is privatization. This move has been very controversial, in terms of not only philosophical issues, but whether privately operated facilities are really less expensive or whether they are as effective as public facilities. These issues are addressed in a section on private prisons. A private prison executive presents his perspective on the controversies around private prisons, and we look at the future prospective for the private prison industry.

Another recent controversy is over the use of “solitary confinement” in prisons. The original intent was to control violent and predatory inmates, enhancing security of prisons and making them safer for staff and other inmates. However, the use of solitary confinement has expanded beyond its original intent, and forces a reexamination of the effects on inmates and whether it does in fact make prisons safer. And finally, we address corrections as a career. It is the desire of this author that students of corrections will seriously consider it as a career. The issues and pros and cons of making corrections a lifelong activity are discussed.

CHAPTER OBJECTIVES 1. Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

2. Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

3. Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

4. Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

121

5. Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

6. Consider whether or not a career in corrections may be right for you.

LECTURE OUTLINE •

•

•

Prison and Jail Populations o Prison populations grew in the 1980s and 1990s due to stricter sentencing laws and the War on Drugs o Currently in a slow, steady decline ▪ Natural to have a decline after consistent growth ▪ States using more community corrections ▪ Economic downturn has hurt prison costs and resources o Movie Note: Show students the 84-minute Frontline documentary Prison State The Impact of Budgets on Correctional Policy o When economy was strong, it was easy to expand prison space and other correctional services o Tighter budgets push correctional officials to find other ways to punish offenders (i.e. community corrections) ▪ 6.7 million people under correctional supervision in 2015 o Key drivers of costs are inmate health care and salaries for staff o States are dealing with fiscal crisis by: ▪ Increasing operating efficiencies ▪ Reducing recidivism ▪ Examining release policies o Diverting offenders from prison ▪ Front end – using more programs to keep offenders in the community ▪ Back end – reducing revocation rate of parole o Justice Reinvestment Initiative – an approach to use evidence-based policies and programs to create community alternatives to prison to both slow the increase or reduce the prison population and save money ▪ Evidence-based practices – programs and policies that research finds effective. o Movie Note: Show students the CNBC documentary Billions Behind Bars: Inside America’s Prison Industry Mass Incarceration o Mass incarceration – the overuse of prisons and jails for sentencing and detaining offenders beyond what is effective and necessary to protect society and at too great a cost o Researchers and others advocate for a change in policy resulting in few people behind bars o Mass incarceration negatively impacts: ▪ Health and mental health of prisoners ▪ Employment and earnings of former inmates 122

▪ ▪

•

•

Family and children of incarcerated offenders Communities and neighborhoods from where those incarcerated come ▪ U.S. society in general o Movie Note: Show students the 100-minute Netflix Original documentary 13TH Private Prisons o Any secure correctional facility operated by an organization other than a government facility o First facility opened by CCA in 1984 in Tennessee o How Private Prisons Function ▪ Request for Proposals (RFP) are submitted for bids • Private companies could own the facility • Private companies could run the facility already built o Issues in Prison Privatization ▪ Propriety ▪ Cost efficiency ▪ Quality ▪ Quantity ▪ Responsibility ▪ Security ▪ Liability ▪ Accountability ▪ Corruption ▪ Dependence o The Future of Private Corrections ▪ Lack of confidence in public sector leads citizens to support giving private sector a chance ▪ One-half of new grown in prison inmates over past decade was into private prisons Recent Controversies with Solitary Confinement o Solitary confinement – practice of isolating inmates in cells for 22-24 hours a day, with limited human contact, usually for several months at a time o Distinct populations of people in solitary confinement ▪ Inmates deemed dangerous or predatory ▪ Inmates in administrative detention or disciplinary segregation ▪ Inmates of specific classifications, including death row, maximum custody, protective custody, gang members o Best practices for managing inmates in restrictive status housing ▪ Objective decision-making process for assigning inmates ▪ Mental health assessments within 72-hours of placement ▪ Progressive levels with increased privileges ▪ Visiting, exercise, medical, and mental health access ▪ Transition planning for return to general population

123

•

o Still unsure of whether solitary confinement benefits are real, and whether negative consequences on inmates are serious o Movie Notes: Show students the 54-minute Frontline documentary Solitary Nation o Movie Notes: Show students the 2-hour Frontline documentary Last Days of Solitary Corrections as a Career o Career in corrections – beginning work for a correctional agency with a possibility of working in corrections from now until retirement o Corrections is a people business o Many reasons to consider corrections as a career ▪ Many available jobs ▪ Jobs are very stable ▪ Many career opportunities ▪ Pay is better than most believe, benefits are good ▪ Interesting and enjoyable career

LIST OF CHANGES/TRANSITION GUIDE •

• •

Updated information on the state of correctional budgets, changes in prison and jail populations, a new interview with a private prison company CEO, as well as important and timely new sections regarding mass incarceration and solitary confinement.

Updates on the use of and controversies surrounding supermax prisons and solitary confinement.

Updates on the recent issues and controversies in the operation of private prisons.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Group Activities • Split students into groups and ask them to discuss how politics has played a role in the growth in the correctional population.

• Split students into groups and ask them to discuss ways to reduce the prison population.

Class Discussions • Ask students if we are starting to see the end of mass incarceration in the United States.

• Ask students whether private prisons companies should make a profit out of incarcerating criminals.

• Ask students if solitary confinement should be used in prisons. Should it be used for juveniles?

Homework • Instruct students to write a paper highlighting the pros and cons of using private companies to operate prisons.

124

•

Instruct students to write a paper highlighting to pros and cons of working in the field of corrections.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 1. What has occurred in regard to the size of the state prison population over the past five years?

Even though both prison and jail numbers have grown over the past decade, there has been a declining percentage of growth in the number of people incarcerated in state prisons, federal prisons, and local jails since 2008, when there were 2,310,300. During the 1990s, the inmate population grew an average of 8.7 percent per year. Then from 2000 to 2008, the total incarcerated population increased 2.6 percent per year, with prison populations increasing by 1.6 percent and local jails by 2.4 percent. And from 2008 to 2015, both jails (−7.3 percent) and prisons (−5.1 percent) had a decline in their populations.

2. How has the federalization of many crimes affected the populations of state and federal prisons?

As stated in Chapter 5, during the early 2000s, some state prison systems actually reduced their prison populations. However, with the federalization of many offenses and increased BOP responsibility for housing District of Columbia and immigration offenders, the federal prison population has grown every year from 2000 to 2013, when it peaked at 219,298. For the ten-year period from 2003 to 2013, the BOP grew at an average of 2.2 percent while the state prison population increased only by 0.5 percent.

During 2014, however, the BOP had its first population reduction in over two decades, and ended the year with 214,149 prisoners.

3. Describe the status of state budgets.

And states are not able to meet their budget demands. In 2009, states reported over $50 billion shortfalls in revenue to fund their budgets. Over the next three years, the budget gaps lessened, yet for fiscal year 2013, the gap was still $49 billion. And by 2017, only twenty-eight states had fully recovered from the loss of pre-recession (2007) tax revenue.

4. How are states using community alternatives to bring down the cost of corrections?

Community alternatives are significantly less expensive, and jurisdictions are taking unprecedented approaches to try to reduce the costs of corrections by moving more of the population from prison to community supervision. The Pew Report One in 31 notes, “Some policy makers are questioning the wisdom of devoting an increasingly large slice of the budget pie to incarceration, especially when recidivism rates have remained discouragingly high.” As a result, many policy makers are looking to lower correctional costs by considering both the opportunity to divert lawbreakers guilty of nonviolent or 125

less serious crimes and to restructure sentencing to reduce the overall length of stay for a large proportion of the prison population.

5. What is mass incarceration and how does the United States compare to other countries in rates of incarceration?

Mass incarceration is generally a term used to refer to the fact that the U.S. prison population has grown dramatically over the past forty years, and the United States incarcerates a much higher ratio of people than any other country. Of the approximately 9 million people worldwide in prison, one-half is in the United States, Russia, and China. For 2016, the U.S. incarcerated population per 100,000 was 716, the next highest countries were Cuba at 510, Rwanda at 492, the Russian Federation at 475.

6. How much money could potentially be saved if we moved away from mass incarceration?

Assuming the average cost of incarceration is now $35,280 (it was $31,166 in 2010 times 1.132 percent for inflation until 2017), the cost of incarceration would be approximately $35 billion. We know overall we are spending between $70 and $80 billion for corrections. Add to this the cost of community supervision that must be provided for the 4,650,900 offenders under community supervision at the end of 2015, plus another 527,000 that would be in the community instead of in prison. Assuming an estimated cost of $5 per day, the cost of community supervision would therefore be approximately $2.8 billion. In other words, while there are several contingencies not considered in this rough calculation, it is feasible that we could save the U.S. taxpayers $30 to $40 billion per year by reducing our prison population to 1993 levels.

7. How many inmates are housed in private prisons?

By the end of 2016, there were 128,323 state and federal prisoners held in private prisons, accounting for 8.5 percent of all prisoners.

8. Are private prisons less expensive and more effective than public prisons?

Several studies have compared the cost of privately operated prisons. The earliest review of the Hamilton County, Tennessee, private prison suggested that it saved from 4 percent to 15 percent annually over county-operated penal farm costs. A 1992 study comparing costs for public and private facilities housing parole violators in California found a lower cost per day for private facilities. A study initially funded by private prisons determined that between 1999 and 2004, “states that have some of their prisoners in privately-owned or -operated prisons experience lower growth in the cost of housing their public prisoners.” A Harvard Law Review article concluded, “what imperfect empirical evidence there is suggests that private prisons cost less than public prisons and that their quality is no worse.” A literature review in 2002 by the Reason Foundation identified seventeen studies that measure quality of operations by government and private prisons, 126

and fifteen of those conclude, “the quality at the private facilities is as good or better than at government-run facilities.” The Sentencing Project argues that although there are sometimes savings with private prisons, they believe that the structure and demands for for-profit can undermine quality of services. And a 2014 analysis of costs and quality indicated that many other comparisons do not include long-term cost savings (such as public employee retirement benefits or bond issues to build new prisons), and when considered, the private sector is generally lower in cost.

9. Why has the number of inmates housed in private prisons declined over the past few years?

The number of inmates housed in private prisons has declined due to the changing prison population.

10. What is solitary confinement?

Solitary confinement is the practice of isolating inmates in cells for 22-24 hours a day, with limited human contact, usually for several months at a time.

11. What reforms have been made to solitary confinement in the past few years?

In 2015, California agreed to a federal court settlement of a suit filed on behalf of inmates arguing to restrict the prolonged use of solitary confinement. Under the settlement, prisoners will not be sent to isolation for an indefinite period, nor for their gang affiliation. The state will continue to isolate prisoners found guilty of serious violence or escape attempts. Yet even these inmates will have more out of cell time, the chance to participate in programs, and some small group leisure activities. In January 2016, President Obama adopted the DOJ recommendations, and banned solitary confinement for juveniles and as a response to low-level infractions, expanded treatment for the mentally ill, and increased the amount of time inmates in solitary can spend outside their cells.

12. What are the physical and mental health impacts on inmates from being in solitary confinement?

The often-published argument against administrative segregation (AS) is that there are negative physiological and psychological effects on inmates assigned to this status. And it has been believed that offenders with a history of mental illness are more susceptible to increased deleterious effects from AS. Yet the authors of a recent review point out that the studies used to support these claims are not conclusive. To clarify the impact, the authors undertook two meta-analytic reviews, one to examine the physical and mental health impact on inmates and the other to look at behavioral outcomes such as recidivism.

The results of the first meta-analysis indicate a “small detrimental effect upon inmates’ mental health and physical functioning.” The second meta-analysis found “small effects for social and cognitive impairment and moderate effects for impaired behavioral functioning and physical and mental health functioning.”

127

13. What are the positive and negative factors of working in corrections?

Working in corrections can be stressful due to the dangerous nature of the positions.

Correctional staff members in prison and the community work with difficult clients who regularly challenge them, attempting to avoid compliance and detection of violations.

There is also always the risk of assault and serious injury. Although many job-related functions lead to stress for correctional workers (understaffing, rotating shift work, inmate demands and manipulations, and poor public image), in a survey regarding correctional staff stress, officers mentioned the threat of violence more frequently than any other single feature of their occupation. The positive factors of working in corrections is that there are many available jobs which are very stable. There are many career opportunities, where staff members with the proper educational requirements who work hard and do a good job will be promoted and given opportunities for advancement. Additionally, the pay is better than most people believe, and the benefits are very good. Public-sector correctional agencies usually have excellent vacations, days off, and health care coverage. Many have a special retirement system, similar to those of law enforcement agencies, in which employees can retire after twenty-five to thirty years of service at any age. Also, corrections is an interesting and enjoyable career.

128

Testbank

129

Corrections: An Introduction, 6e (Seiter) Chapter 1 The History of Crime and Corrections 1.1 Multiple Choice Questions 1) What was the first penitentiary designed to house sentenced offenders in the United States called?

A) Western State Penitentiary B) Walnut Street Jail C) Eastern State Penitentiary D) Sing Sing Prison Answer: B Page Ref: 15 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic 2) How do correctional agencies fulfill their mission?

I. By imprisoning offenders who receive a sentence of incarceration from the courts II. By assisting courts in the decision to grant bail III. By supervising offenders in the community under court jurisdiction A) I, II B) II, III C) I, III D) I, II, III Answer: D Page Ref: 4 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 3) Which of the following statements is TRUE of the Walnut Street Jail?

A) Prisoners were allowed to congregate during the day to work in factories to improve the production of goods.

B) It introduced the idea of releasing offenders on a conditional basis, leading to the development of parole.

C) Prison administrators often put masks on inmates as they moved through the prison, to avoid identification in case they met each other after release.

D) It was an architectural nightmare, built in an octagon with small, dark cells inside the cellblocks to provide solitary confinement and no labor.

Answer: C Page Ref: 14 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic

130

4) What is defined as a legislative authorization to provide a specific range of punishment for a specific crime?

A) punishment guide B) penal code C) correctional system D) fee system Answer: B Page Ref: 4 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 5) What is the hands-off doctrine?

A) avoidance by the U.S. Supreme Court of judicial intervention in the operations of prisons and the judgment of correctional administrators B) a theory of corrections that offenders were sick, inflicted with problems that caused their criminality C) a conclusion by Robert Martinson that no correctional treatment program reduces recidivism D) a four-stage system of graduated release from prison and return to the community Answer: A Page Ref: 18 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic 6) What was the emphasis in the Rehabilitative Era? A) having inmates work and produce products that could help in making the prisons selfsustaining B) the professionalizing of staff through recruitment and training, and the implementation of many self-improvement programs of prison management C) reformation that expanded education and vocational programs and focused offenders' attention on their future D) holding offenders accountable for their acts and being tough on criminals while keeping them isolated from law-abiding citizens Answer: B Page Ref: 19 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic

131

7) Which eighteenth-century theorist is recognized as the founder of the Classical School of criminology?

A) Jeremy Bentham B) Cesare Beccaria C) Cesare Lombroso D) Voltaire Answer: B Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic 8) Which of the following links crime causation to punishment, based on offenders' free will and hedonism?

A) hedonistic calculus B) the Positive School of criminology C) the Classical School of criminology D) atavism Answer: C Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic 9) Which theorist suggested that criminal laws should be organized so that the punishment for any act would outweigh the pleasure that would be derived from the act?

A) Cesare Lombroso B) Gabriel Tarde C) Cesare Beccaria D) Jeremy Bentham Answer: D Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic 10) Which of the following is based on the belief that criminals do NOT have complete choice over their criminal actions and may commit acts that are beyond their control?

A) the Neoclassical School B) the Positive School C) the hedonistic calculus D) the Classical School Answer: B Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic

132

11) Who among the following concluded that criminals had traits that made them throwbacks to earlier stages of evolution?

A) Cesare Lombroso B) Cesare Beccaria C) Jeremy Bentham D) Voltaire Answer: A Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic 12) What is specific deterrence?

A) the recognition that criminal acts result in punishment, and the effect of that recognition on society that prevents future crimes B) the incarceration of high-risk offenders for preventive reasons based on what they are expected to do, not what they have already done C) the state of relapse that occurs when offenders complete their criminal punishment and then continue to commit crimes D) the effect of punishment on an individual offender that prevents that person from committing future crimes Answer: D Page Ref: 22 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 13) Which early colonial bail system enabled rich offenders to pay a fee and be released?

A) correctional system B) separate and silent system C) system of gaols D) fee system Answer: D Page Ref: 13 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 14) Whose efforts in jail reform led to the passing of the Penitentiary Act in 1779?

A) Jeremy Bentham B) John Howard C) William Penn D) Gabriel Tarde Answer: B Page Ref: 13 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic

133

15) What did the Quakers' criminal code include?

A) the use of stocks and pillories instead of detention B) corporal punishments instead of imprisonment C) capital punishment for thefts and religious crimes D) free food and lodging for inmates Answer: D Page Ref: 15 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic 16) The original features of the Pennsylvania system included all but which of the following?

A) separation B) silence C) reformation of inmates D) working with other inmates Answer: D Page Ref: 15-16 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic 17) Which of the following was a problem with the Pennsylvania system?

I. It had low productivity.

II. It was expensive.

III. It made inmates mentally ill.

A) I, II B) I, III C) II, III D) I, II, III Answer: D Page Ref: 15 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic 18) Which system was known as the "congregate and silent" system?

A) Pennsylvania system B) Auburn system C) fee system D) Irish system Answer: B Page Ref: 16 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

134

Level: Basic 19) Sir Walter Crofton was the head of which system?

A) Auburn system B) Pennsylvania system C) Irish system D) fee system Answer: C Page Ref: 17 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Intermediate 20) Which correctional era advocated an environment that emphasized reformation, education, and vocational programs, and focused offenders' attention on the future?

A) Industrial Prison Era B) Retributive Era C) Rehabilitative Era D) Reformatory Era Answer: D Page Ref: 18 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Intermediate 1.2 True/False Questions 1) The Walnut Street jail had the reformation of the offender as its primary objective.

Answer: TRUE Page Ref: 15 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic 2) In the United States, the rate of imprisonment decreased by almost 20 percent between 1980 and 2015.

Answer: FALSE Page Ref: 6 Objective: Outline the growth of corrections over the past three decades and describe why the scope of correctional budgets, staffing, and clients makes it important for students to study corrections.

Level: Basic 3) Recidivism is a legislative authorization to provide a specific range of punishment for a specific crime.

Answer: FALSE Page Ref: 4 Objective: Summarize the definition, mission, and role of corrections, and explain the 135

concept of the correctional funnel.

Level: Basic 4) Atavism implied that criminals are born, and criminal behavior is predetermined.

Answer: TRUE Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic 5) Most offenders are sentenced to probation and supervised in the community by probation or parole officers.

Answer: TRUE Page Ref: 8 Objective: Outline the growth of corrections over the past two decades and describe why the scope of correctional budgets, staffing, and clients makes it important for students to study corrections.

Level: Intermediate 6) Prisons were used in colonial times as a punishment for crime.

Answer: FALSE Page Ref: 12 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 7) The Retributive Era is a return to the Positive School of criminality, in which offenders have free choice to commit their crimes.

Answer: FALSE Page Ref: 21 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic 8) General deterrence presumes that others in society will not commit crimes because they see that there is a punishment for such acts, and that individuals receive the prescribed punishments.

Answer: TRUE Page Ref: 22 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 9) Restorative justice models of sentencing shift the focus away from reactive, punishment-oriented sentencing.

Answer: TRUE Page Ref: 26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

136

Level: Basic

137

10) The criminal justice system has made many adjustments to involve victims in the process of sentencing criminals.

Answer: TRUE Page Ref: 26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 11) During the 1950s, the rehabilitation of offenders replaced punishment as the penal system's primary objective.

Answer: TRUE Page Ref: 3 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 12) There is a large numerical difference between the number of crimes reported and the number of offenders convicted and facing any specific correctional sanction.

Answer: TRUE Page Ref: 6 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 13) The amount of money directed to criminal justice agencies has decreased greatly in recent years.

Answer: FALSE Page Ref: 8 Objective: Outline the growth of corrections over the past two decades and describe why the scope of correctional budgets, staffing, and clients makes it important for students to study corrections.

Level: Basic 14) The number of offenders on probation, in prison, and on parole has decreased significantly between 1980 and 2015.

Answer: FALSE Page Ref: 8 Objective: Outline the growth of corrections over the past two decades and describe why the scope of correctional budgets, staffing, and clients makes it important for students to study corrections.

Level: Basic

138

15) Under the medical model, offenders were believed to be "sick," inflicted with problems that caused their criminality.

Answer: TRUE Page Ref: 19 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic 1.3 Fill in the Blank Questions 1) ________ is the study of punishment for criminal acts.

Answer: Penology Page Ref: 2 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 2) ________ is defined as the range of community and institutional sanctions, treatment programs, and services for managing criminal offenders.

Answer: Corrections Page Ref: 3 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 3) The three major components of the criminal justice system are police, courts, and ________.

Answer: corrections Page Ref: 4 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 4) The Code of ________ is one of the earliest known penal codes.

Answer: Hammurabi Page Ref: 3 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Basic 5) The three governmental levels of correctional systems are ________, state, and local.

Answer: federal Page Ref: 4 Objective: Summarize the definition, mission, and role of corrections, and explain the concept of the correctional funnel.

Level: Intermediate

139

6) The idea that the main objective of an intelligent person is to achieve the most pleasure and the least pain is the basis of the concept of ________ calculus.

Answer: hedonistic Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Intermediate 7) ________ is the existence of features common in the early stages of human evolution, and implies that criminals are born, and criminal behavior is predetermined.

Answer: Atavism Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Basic 8) In the seventeenth and eighteenth centuries, England removed criminals from society by sending them to its colonies through ________.

Answer: transportation Page Ref: 12 Objective: Summarize early responses to crime prior to the development of prisons.

Level: Basic 9) The state of Pennsylvania's first two prisons were the Western State Penitentiary and the ________ State Penitentiary.

Answer: Eastern Page Ref: 15 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Basic 10) The ________ Prison Era, from 1910 to 1935, emphasized manufacture of products by inmates and aimed at making prisons self-sustaining.

Answer: Industrial Page Ref: 18 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Intermediate 11) Enforced idleness, lack of professional programs, and excessive size and overcrowding of prisons is characteristic of the Period of ________.

Answer: Transition Page Ref: 18 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic

140

12) The hands-off doctrine restricted ________ intervention in the operation of prisons and the judgment of correctional administrators.

Answer: judicial Page Ref: 18 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic 13) The ________ model is a theory of corrections based on the belief that offenders were sick and needed to be diagnosed and treated.

Answer: medical Page Ref: 19 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic 14) ________ is the correctional goal emphasizing the infliction of pain or suffering.

Answer: Punishment Page Ref: 21 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 15) The effect of punishment on an individual offender that prevents that person from committing future crimes is called ________ deterrence.

Answer: specific Page Ref: 22 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic

141

1.4 Matching Questions Match the sentencing goal with its appropriate definition.

A) Emphasis on repaying victim for wrong B) Emphasis on treatment of offender C) Emphasis on crime prevention D) Emphasis on pain and suffering as punishment E) Emphasis on removal of liberties 1) Retribution Page Ref: 21-26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 2) Deterrence Page Ref: 21-26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 3) Rehabilitation Page Ref: 21-26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 4) Restitution Page Ref: 21-26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic 5) Incapacitation Page Ref: 21-26 Objective: Summarize sentencing goals and primary punishment philosophies and the involvement of politics in recent correctional policy.

Level: Basic Answers: 1) D 2) C 3) B 4) A 5) E

142

1.5 Essay Questions 1) Compare the Pennsylvania System versus Auburn System.

Answer: Answer (should include points such as): • Pennsylvania System involved 24-hour-a-day solitary confinement, where the inmate never saw or interacted with another human being. The Auburn System, or congregate system, allowed inmates to work together (but without speaking).

• The Pennsylvania System was expensive to operate and construct, and inmates suffered from severe mental illness based on the isolation. The Auburn System was more efficient and inexpensive, and became the popular method of prison construction.

Page Ref: 15-17 Objective: Outline the development of the prison in the United States, including the Walnut Street Jail, Pennsylvania System, and the Auburn System.

Level: Intermediate 2) Compare the Classical and Positive Schools of criminology in regard to explaining crime.

Answer: Classical School theorists believed that all humans were rational beings who were able to make choices about their behavior. In addition, they weighed the pros and cons of behaviors before making that choice. Positive School theorists believed that criminal behavior was beyond the control of an individual and a result of defective genes and atavistic characteristics.

Page Ref: 11 Objective: Contrast the Classical School with the Positive School of criminology.

Level: Intermediate 1.6 Critical Thinking Questions 1) What was were some of the potential consequences of the hands-off doctrine?

Answer: Answer should include discussion of the maltreatment of inmates and the inability to recognize them as citizens with constitutional rights.

Page Ref: 18 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Intermediate 2) How did the Martinson review affect the perception of corrections on society?

Answer: Answer should include discussion of how indicating "nothing works" influences a tough on crime/punitive approach to punishment rather than rehabilitation.

Page Ref: 19 Objective: Describe prison development from the Reformatory Era to the Modern Era. Level: Basic

143

Corrections: An Introduction, 6e (Seiter) Chapter 2 Sentencing and the Correctional Process 2.1 Multiple Choice Questions 1) Which type of crime is punishable by one year or more of incarceration?

A) felony B) misdemeanor C) drug D) infraction Answer: A Page Ref: 33 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 2) Which of the following is TRUE of pretrial diversion programs?

A) Pretrial diversion programs offer people charged with crimes alternatives to traditional criminal justice proceedings.

B) Pretrial diversion programs occur after a finding of guilt.

C) Pretrial diversion programs are used for major offenders of laws, such as murder or aggravated assault.

D) All offenders with successful pretrial diversion programs have a formal criminal record of the offense.

Answer: A Page Ref: 34 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Intermediate 3) Which of the following is an advantage of a diversionary treatment program?

A) Diversionary treatment programs cost considerably more than criminal justice processing.

B) Diversionary treatment programs increase the demands on the court to process the case as a criminal activity.

C) With diversionary treatment programs, offenders avoid the stigma associated with a criminal conviction.

D) Diversionary treatment programs generally do not involve community treatment programs.

Answer: C Page Ref: 35 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Intermediate

144

4) Which 1987 U.S. Supreme Court decision upheld the ability of a magistrate to confine an offender on the presumption that he or she was dangerous?

A) Bell v. Wolfish B) Williams v. New York C) United States v. Salerno D) Miranda v. Arizona Answer: C Page Ref: 36-37 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Intermediate 5) Which of the following is a pledge of money or property in exchange for a promise to return for further criminal processing?

A) plea bargain B) surety C) release on recognizance D) bail Answer: D Page Ref: 37 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 6) In which country did pretrial release programs originate?

A) England B) China C) United States D) Babylon Answer: A Page Ref: 37 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 7) Which constitutional amendment states that excessive bail may NOT be required?

A) Fourteenth B) Eighth C) First D) Fourth Answer: B Page Ref: 37 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic

145

8) Which of the following is a problem with the system of bail as a requirement for release?

A) The bail process discriminates against the poor.

B) The bail process does not allow freedom to be bought.

C) The ability to "make bail" is closely related to the risk of the offender.

D) The availability of financial resources is closely related to the risk of the offender.

Answer: A Page Ref: 38 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Intermediate 9) Which of the following is an alternative to bail?

A) preventive detention B) personal recognizance C) pretrial diversion D) deferred prosecution Answer: B Page Ref: 39 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 10) Which of the following accurately describes plea bargaining?

A) Plea bargaining is a contract in which the plaintiff pleads guilty in exchange for reduced compensation.

B) Plea bargaining is a contract in which the defendant refuses to plead guilty in exchange for a reduced sentence.

C) Plea bargaining is an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence.

D) Plea bargaining is an agreement in which the plaintiff refuses to plead guilty in exchange for a compensation.

Answer: C Page Ref: 41 Objective: Describe the role of plea bargaining.

Level: Basic 11) Which of the following is included in a presentence investigation (PSI)?

A) information about the prosecution B) the offender's final sentence C) a list of sentences from similar cases D) the range of allowable sanctions Answer: D Page Ref: 42 Objective: Summarize the presentence investigation and how the presentence investigation report is used.

146

Level: Basic 12) For which of the following is a presentence investigation used?

A) initiating a plea bargain deal B) determining the amount of bail C) sentencing by the court D) providing details solely in misdemeanor cases Answer: C Page Ref: 43 Objective: Summarize the presentence investigation and how the presentence investigation report is used.

Level: Basic 13) What percentage completion of sentence does the truth in sentencing reform require?

A) 50 percent B) 95 percent C) 65 percent D) 85 percent Answer: D Page Ref: 50 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 14) Which of the following is NOT a sentencing option?

A) capital punishment B) community service C) parole D) probation Answer: C Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 15) Which of the following sentencing options authorized in state penal codes requires an offender to pay a fine or do community service in exchange for a waiver on jail time?

A) short-time confinement B) imprisonment C) capital punishment D) economic sanctions Answer: D Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic

147

16) Which of the following is TRUE of indeterminate sentences?

A) Determinate sentences have fixed term of sentences.

B) Offenders are eligible for release following the completion of the term to be served.

C) Offenders are subject to release by parole boards.

D) Truth in sentencing is a form of indeterminate sentences.

Answer: C Page Ref: 49-50 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 17) Who initiated the concept of "good time"?

A) Alexander Maconochie B) the U.S. Supreme Court C) Jeremy Bentham D) Cesare Beccaria Answer: A Page Ref: 50 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 18) In which of the following sentencing models do judges have primary discretion in creating the sentence?

A) mandatory minimum sentencing B) administrative form of sentencing C) judicial form of sentencing D) legislative form of sentencing Answer: C Page Ref: 51-52 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 19) In presumptive sentencing, what do mitigating circumstances indicate to a judge?

A) that the felon is a third-time offender B) reasons to increase punishment C) that capital punishment is appropriate D) reasons for leniency Answer: D Page Ref: 53 Objective: Compare the different types of sentences and sentencing models.

Level: Basic

148

20) Which of the following is a reason why states have adopted sentencing guidelines?

A) Guidelines provide uniformity, ensuring that similar crimes merit similar sentences.

B) Guidelines relieve judges of the burden of providing written explanations for their decisions.

C) Guidelines increase prison jobs by promoting harsh sentences for minor offenses.

D) Guidelines discourage the use of planners for predicting the number of inmates in prisons.

Answer: A Page Ref: 53-55 Objective: Compare the different types of sentences and sentencing models.

Level: Intermediate 21) Which of the following is a goal of mental health courts?

A) increasing the repetition of contacts with the criminal justice system B) dealing with the underlying drug issues of clients C) stopping the use of communities to treat mentally ill individuals D) increasing public safety by reducing criminal activity by mentally ill individuals Answer: D Page Ref: 63 Objective: Suggest how drug, mental health, and other specialty courts are positive developments in the sentencing of criminal offenders.

Level: Intermediate 2.2 True/False Questions 1) The police, the courts, and judges make up the three major components of the criminal justice system.

Answer: FALSE Page Ref: 33 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 2) Fewer than 30 percent of felony cases result in a guilty plea by the defendant, and instead go to trial.

Answer: FALSE Page Ref: 41 Objective: Describe the role of plea bargaining.

Level: Intermediate 3) Most states require presentence investigations (PSIs) for felony cases that allow the possibility of probation.

Answer: TRUE Page Ref: 43 Objective: Summarize the presentence investigation and how the presentence investigation report is used.

149

Level: Intermediate

150

4) The presentence investigation is intended to assist courts in the sentencing decision.

Answer: TRUE Page Ref: 43 Objective: Summarize the presentence investigation and how the presentence investigation report is used.

Level: Basic 5) Historically, the presentence investigation was short, factual without opinion, and designed to avoid legal challenges by the defense.

Answer: FALSE Page Ref: 44-45 Objective: Summarize the presentence investigation and how the presentence investigation report is used.

Level: Basic 6) Intermediate sanctions provide less supervision and monitoring than standard probation.

Answer: FALSE Page Ref: 47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 7) In criminal cases, offenders can be charged with more than one crime or with several counts of the same crime.

Answer: TRUE Page Ref: 47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 8) By the beginning of the twentieth century, preparation for release was considered an important part of the prison experience, and correctional systems provided programs to prepare inmates for the community transition.

Answer: TRUE Page Ref: 49 Objective: Compare the different types of sentences and sentencing models.

Level: Intermediate 9) In 1994, California restricted the definition of three-strikes laws to exclude some second-felony offenders.

Answer: FALSE Page Ref: 52 Objective: Compare the different types of sentences and sentencing models.

Level: Intermediate

151

10) Drug courts are usually a unit within the court system.

Answer: TRUE Page Ref: 62 Objective: Suggest how drug, mental health, and other specialty courts are positive developments in the sentencing of criminal offenders.

Level: Basic 11) Mental health courts are merely drug courts handling the mentally ill.

Answer: FALSE Page Ref: 63 Objective: Suggest how drug, mental health, and other specialty courts are positive developments in the sentencing of criminal offenders.

Level: Basic 12) A crime that is punishable by less than one year of incarceration is a felony.

Answer: FALSE Page Ref: 33 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 13) Pretrial diversion programs are also referred to as "deferred prosecution" or "probation without adjudication."

Answer: TRUE Page Ref: 34 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 14) Good time is used only in determinate sentences because it allows inmates to reduce the jail term until their eligibility for release.

Answer: FALSE Page Ref: 50 Objective: Compare the different types of sentences and sentencing models.

Level: Intermediate 15) Under mandatory minimum sentences, the sentencing judge may impose a sentence of probation, assess a fine, or suspend the prison sentence as long as a reason is given.

Answer: FALSE Page Ref: 52 Objective: Compare the different types of sentences and sentencing models.

Level: Intermediate

152

16) Nonincarceration sentences include economic sanctions, probation, and intermediate sanctions.

Answer: TRUE Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 2.3 Fill in the Blank Questions 1) ________ is the imposition of a criminal sanction by a judicial authority.

Answer: Sentencing Page Ref: 33 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 2) ________ courts usually handle all the required judicial steps in one hearing and are often referred to as "assembly-line justice."

Answer: Misdemeanor Page Ref: 33 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 3) ________ detention refers to detaining an accused person in jail in order to protect the community from crimes he or she is likely to commit if set free before trial.

Answer: Preventive Page Ref: 36 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 4) A person who guarantees the accused person's appearance in court is a(n) ________.

Answer: surety Page Ref: 37 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 5) Release on ________ refers to release from jail based only on the defendant's promise to appear for further court procedures.

Answer: recognizance Page Ref: 39 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 153

6) Plea ________ is an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense.

Answer: bargaining Page Ref: 41 Objective: Describe the role of plea bargaining.

Level: Basic 7) A requirement that an offender pay a fine or restitution to the victim as a part of the sentence is a(n) ________ sanction.

Answer: economic Page Ref: 46 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 8) A prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crimes is ________.

Answer: probation Page Ref: 46 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 9) ________ sentencing is a predetermined range of a minimum, average, and maximum term for a specific crime for a "typical" offender, with allowances for mitigating and aggravating circumstances to be considered.

Answer: Presumptive Page Ref: 53 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 10) ________ in sentencing requires completion of 85 percent of the sentence before prisoners are eligible for release.

Answer: Truth Page Ref: 50 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 11) A sentence of a fixed term is a(n) ________ sentence.

Answer: determinate Page Ref: 49 Objective: Compare the different types of sentences and sentencing models.

Level: Basic

154

12) ________ time is a reward for good behavior in prison that gives inmates an opportunity to reduce their time in prison.

Answer: Good Page Ref: 50 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 13) ________ minimum sentences require that for certain crimes or for certain types of offenders there must be a sentence to prison for a set minimum term.

Answer: Mandatory Page Ref: 52 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 14) Laws that require judges to sentence third-time felons to extremely long or life sentences are called three-________ laws.

Answer: strikes Page Ref: 52 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 15) Sentencing ________ provide a system of structured sentences based on measures of offense severity and criminal history that is used to determine the length of the imprisonment.

Answer: guidelines Page Ref: 53 Objective: Compare the different types of sentences and sentencing models.

Level: Basic

155

2.4 Matching Questions Match the sentencing option with the correct definition.

A) Offender pays a fine or restitution B) Midrange punishments that fall between probation and imprisonment C) Sentence in jail for one year or less D) Sentence in prison for one year to life E) Prison sentence that is suspended for community supervision 1) Economic sanctions Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 2) Probation Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 3) Intermediate sanctions Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 4) Short term confinement Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic 5) Imprisonment Page Ref: 46-47 Objective: Compare the different types of sentences and sentencing models.

Level: Basic Answers: 1) A 2) E 3) B 4) C 5) D

156

2.5 Essay Questions 1) Compare felonies and misdemeanors and give examples of each.

Answer: Answer (should include points such as): Felonies are offenses that are punishable by one year or more in prison. Examples of felonies are murder charges, robbery and rape (answers may vary). Misdemeanors are less serious crimes with punishment of less than one year of incarceration. Often, punishment of misdemeanors results in probation or community service. Examples of misdemeanors are lower level drug charges or prostitution.

Page Ref: 33 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Basic 2) Explain the benefit of bail to an offender.

Answer: If an offender is granted bail, this allows him or her to maintain employment, education and family life that would be diminished or possibly destroyed by being detained in jail. In addition, the hope of bail is for the inmate to maintain societal norms rather than being exposed to a criminal lifestyle in jail.

Page Ref: 37-38 Objective: Summarize the pretrial process and describe the forms of release from jail pending trial.

Level: Intermediate 2.6 Critical Thinking Questions 1) How could the plea bargaining process be a potential detriment to the accused?

Answer: Answer should include discussion of how the pressure to plea averts the right to a trial by jury of one's peers, especially if the offender is innocent.

Page Ref: 41-42 Objective: Describe the role of plea bargaining.

Level: Intermediate 2) What is the benefit of including personal and life history information in an offender's PSI? Answer: Answer should include discussion of how judges may be more lenient and/or sentence the offender to treatment dispositions rather than just incarceration if he/she has certain needs or traumatic life experiences.

Page Ref: 42-46 Objective: Summarize the presentence investigation and how the presentence investigation report is used.

Level: Intermediate

157

Corrections: An Introduction, 6e (Seiter) Chapter 3 Jails 3.1 Multiple Choice Questions 1) Which of the following is an early English term for a jail?

A) lockup B) workhouse C) gaol D) jail Answer: C Page Ref: 68 Objective: Outline the history of jails.

Level: Basic 2) Which of the following is a reason for the significant increase in the use of jails from 1985 to 2008?

A) the "soft on crime" mentality of the public B) the overcrowding of state and federal prisons over the past decade C) the decreasing use of split sentences D) the serious budget crises of local governments Answer: B Page Ref: 73 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 3) Which was a requirement for English prisons and jails as specified by the English Penitentiary Act of 1779?

A) harsh and unsanitary conditions B) housing inmates in common cells C) systematic inspections D) fees charged to inmates Answer: C Page Ref: 69 Objective: Outline the history of jails.

Level: Basic

158

4) Which of the following categories of offenders can be held in a jail?

A) individuals who have posted bond B) juveniles sentenced to a juvenile facility C) probation, parole, and bail bond violators and absconders D) inmates sentenced to terms of more than ten years Answer: C Page Ref: 69 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 5) In rural counties, which elected official oversees the operation of the jail?

A) prosecutor B) sheriff C) local magistrate D) chief of police Answer: B Page Ref: 70 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 6) Which of the following is described as statistical approaches to consider the risk of escape and violence by inmates?

A) censuses of jail facilities B) subjective classification processes C) direct supervision plans D) objective classification systems Answer: D Page Ref: 76 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 7) Which of the following is characteristic of a third-generation jail?

A) The cells are aligned in long, straight rows, with walkways in the front of the cells.

B) It uses podular housing designs and remote supervision.

C) It is designed to minimize interaction between inmates and jail staff.

D) Correctional officers are located in the housing unit in direct contact with inmates.

Answer: D Page Ref: 82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic

159

8) What main factor differentiates jails from prisons?

A) type of sentence B) overcrowding C) type of inmate D) length of stay Answer: D Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Intermediate 9) A very large percentage of arrested and jailed offenders make bond and are released within ________.

A) six weeks B) one month C) two hours D) forty-eight hours Answer: D Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 10) Jail inmates may have only noncontact visits. What type of visitor is the exception?

A) parent B) close friend C) attorney D) spouse Answer: C Page Ref: 75 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 11) Which is one of the three most important reasons for effective jail classification systems?

A) They provide a guide for giving inmates proper substance abuse counseling.

B) They provide a guide for identifying inmates with a high risk of escape.

C) They provide a guide for identifying juvenile inmates.

D) They provide a guide for identifying the educational needs of inmates.

Answer: B Page Ref: 77 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic

160

12) Which is the most important element in the operations and policies of all correctional facilities?

A) the programs offered B) the services provided C) the physical security D) the staff Answer: D Page Ref: 77 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 13) Which of the following is TRUE of jail staffing?

A) Jails are better managed through a consistent routine of operations.

B) Jails offer extensive programs and services, making professional staff the largest category of staff.

C) Jails staff are becoming less diverse in terms of gender.

D) Jail staff members outnumber the inmates.

Answer: A Page Ref: 77-78 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 14) About how many more jails are there in the United States than prisons?

A) just as many B) three times as many C) twice as many D) five times as many Answer: B Page Ref: 78 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 15) Which of the following facilitates continuous communication between jail staff and inmates, thus reducing tension and avoiding the development of conflicts among inmates or between inmates and staff?

A) second-generation jails B) first-generation jails C) direct supervision jails D) podular design Answer: C Page Ref: 82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

161

Level: Basic 16) Which of the following is TRUE of private correctional agencies?

A) Private correctional agencies enter into a contract with governments to house jail inmates.

B) Private correctional agencies are not-for-profit entities that provide programming for offenders.

C) Private correctional agencies are not required to meet professional standards for jail operations.

D) Private correctional agencies independently decide on security policies for inmates.

Answer: A Page Ref: 86 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 17) Which is a primary reason for new jail construction over the past decade?

A) Courts have ruled that second-generation jails are unconstitutional.

B) The number of successful legal challenges by jail inmates for overcrowding has increased.

C) Private companies have determined that building and operating new jails is unprofitable.

D) Jails are relatively inexpensive to build and staff.

Answer: B Page Ref: 88 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 18) Which constitutional amendment refers to "cruel and unusual punishment"?

A) Fifth B) Fourth C) Sixth D) Eighth Answer: D Page Ref: 88 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 19) What is the greatest cause of death among jail inmates other than illness or natural causes?

A) homicide B) suicide C) drugs D) AIDS Answer: B Page Ref: 90 Objective: Discuss the challenges jails face and the efforts being made to address them.

162

Level: Basic

163

20) Which of the following would be considered a practical suicide prevention activity for a jail?

A) improving communication between inmates who are housed together B) training correctional and mental health staff to be aware of the risk of suicide C) asking roundabout suicide-related questions at inmate intake screening and assessment D) remodeling all jail cells to be suicide resistant Answer: C Page Ref: 92 Objective: Explain the approaches that jails take to reduce the likelihood of inmate suicides.

Level: Basic 3.2 True/False Questions 1) Each year, jails admit about five times as many offenders as all other correctional components combined.

Answer: TRUE Page Ref: 68 Objective: Outline the history of jails.

Level: Basic 2) Jails are designed to hold sentenced offenders for very long terms of confinement.

Answer: FALSE Page Ref: 68 Objective: Outline the history of jails.

Level: Basic 3) Early jails in the American colonies followed the English model.

Answer: TRUE Page Ref: 69 Objective: Outline the history of jails.

Level: Basic 4) The warden is the elected official who oversees both policing activities within the county and the operation of the jail.

Answer: FALSE Page Ref: 70 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 5) The average length of stay in a jail is 30 months.

Answer: FALSE Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

164

Level: Basic

165

6) Offenders are fingerprinted and booked into the jail before arrest.

Answer: FALSE Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 7) Jails have limited programs, such as education, substance abuse counseling, or work.

Answer: TRUE Page Ref: 76 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 8) Jail staff members are always extremely outnumbered by the inmates in any correctional setting.

Answer: TRUE Page Ref: 78 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 9) Over the last thirty years, the number of criminal offenders with mental illness has risen.

Answer: TRUE Page Ref: 89 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 10) A lockup is a jail that serves more than one county and is overseen by a regional jail commission.

Answer: FALSE Page Ref: 70 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 11) The number of people in the nation's jails has decreased significantly over the past twenty years.

Answer: FALSE Page Ref: 70-71 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic

166

12) Sentenced offenders can serve up to one year in jail.

Answer: TRUE Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 13) The high volume of jail admissions and releases often results in mistakes.

Answer: TRUE Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 14) Second-generation jails use a linear design for housing inmates.

Answer: FALSE Page Ref: 82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 15) The nation's jails employ less than half as many staff members as state and federal prisons.

Answer: TRUE Page Ref: 78 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 3.3 Fill in the Blank Questions 1) The first jails were created in ________.

Answer: England Page Ref: 68 Objective: Outline the history of jails.

Level: Basic 2) A(n) ________ is a cell commonly located in police stations that holds people for a short time until they are transferred to a full-service jail.

Answer: lockup Page Ref: 70 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic

167

3) The number of people per 100,000 residents who are in jail or prison is known as the ________ rate.

Answer: incarceration Page Ref: 71 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 4) Statistical approaches to considering the risk of escape and violence by inmates are called ________ classification systems.

Answer: objective classification Page Ref: 76 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 5) The largest percentage of jail staff are correctional ________, who supervise inmates or provide facility security.

Answer: officers Page Ref: 77 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 6) ________-generation jails housed inmates using a linear design, with cells aligned in long, straight rows.

Answer: First Page Ref: 80 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 7) Jails with a(n) ________ design provide common dayroom areas in the center of a unit of cells, and house fewer inmates.

Answer: podular Page Ref: 81 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 8) ________-generation jails used podular designs with remote supervision.

Answer: Second Page Ref: 82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 168

9) In ________-generation jails, correctional officers are located in the housing unit in direct contact with inmates.

Answer: third Page Ref: 82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 10) The ________ supervision approach requires staff to continuously be in contact with, supervise, and communicate with inmates.

Answer: direct Page Ref: 82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 11) In the 1979 Supreme Court case ________ v. Wolfish, the punitive intent standard was adopted for considering violations of the Eighth Amendment regarding jail operations.

Answer: Bell Page Ref: 88 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 12) Suicide ________ programs are jail and prison programs that include early detection of suicide risks.

Answer: prevention Page Ref: 90 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 13) Suicide ________ is the management of suicidal inmates who are placed in a specially designed cell and are placed under constant supervision.

Answer: watch Page Ref: 91 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Basic 14) A(n) ________ jail serves more than one county and results in economies of scale that make its operation more financially reasonable.

Answer: regional Page Ref: 70 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 169

170

15) The time that an inmate serves in a jail or prison is called the ________ of stay.

Answer: length Page Ref: 74 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 3.4 Matching Questions Match the jail design with the appropriate description.

A) Jails using a linear design for housing inmates, in which cells are aligned in long, straight rows, with walkways in the front of the cells for jail correctional officers to walk intermittently to observe what is going on in the cells B) Jail designs without remote control centers, in which correctional officers are located in the housing unit in direct contact with inmates C) Jails using podular housing designs and remote supervision; officers are located in a secure control room overlooking the cells and dayroom, with electronic controls to open and close individual cell doors 1) First-generation jails Page Ref: 80-82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 2) Second-generation jails Page Ref: 80-82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic 3) Third-generation jails Page Ref: 80-82 Objective: Compare the various jail designs and explain the positive benefits of direct supervision.

Level: Basic Answers: 1) A 2) C 3) B

171

3.5 Essay Questions 1) Describe the type of individuals a jail can hold.

Answer: Answer (should include points such as): • Individuals, pending arraignment and awaiting trial, conviction, or sentencing • Probation, parole, and bail bond violators and absconders • Juveniles, pending transfer to juvenile authorities • Mentally ill people, pending their movement to appropriate mental health facilities • Individuals held for the military, for protective custody, for contempt, and for the courts as witnesses • Inmates, pending transfer to federal, state, or other criminal justice authorities • Inmates held for federal, state, or other authorities because of crowding of their facilities • Offenders assigned to community-based programs, such as day reporting, home detention, or electronic monitoring • Inmates sentenced to short terms (generally less than one year) Page Ref: 69 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Basic 2) Why is jail classification important?

Answer: • They provide a guide for separating violent, predatory inmates from potential inmate victims.

• They provide a guide for identifying and managing differently inmates with special needs, such as the emotionally disturbed or those at risk of suicide.

• They provide a guide for identifying inmates with a high risk of escape and housing them in more secure settings than those with a low risk of escape.

Page Ref: 76-77 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Intermediate 3.6 Critical Thinking Questions 1) Why are resources so limited for jail inmates?

Answer: Answer should include: Jail populations are very transient, as most residents are there for less than a year, so more resources are dedicated to prisons rather than jail inmates. This limits the types of education, medical, and psychological care available.

Page Ref: 76 Objective: Describe the purpose, function, and operations of today's jails, and the characteristics of jail inmates.

Level: Intermediate

172

2) What is the importance of Bell v. Wolfish in regard to the treatment of jail inmates?

Answer: Answer should include: Bell protects inmates from constitutional violations of the 8th Amendment (cruel and unusual punishment, harsh and inhumane treatment). This can include incarceration conditions, excessive bail, and other issues associated with jail.

Page Ref: 88 Objective: Discuss the challenges jails face and the efforts being made to address them.

Level: Intermediate

173

Corrections: An Introduction, 6e (Seiter) Chapter 4 Probation and Intermediate Sanctions 4.1 Multiple Choice Questions 1) Community corrections gained prominence as an adaptation of which of the following eras of corrections?

A) Recidivist B) Retributive C) Rehabilitative D) Reintegrative Answer: C Page Ref: 96 Objective: Outline the history of probation.

Level: Basic 2) Which of the following eras of corrections developed with the distinct provision that the community be an essential part of the correctional process?

A) Retributive B) Reintegrative C) Institutional D) Rehabilitative Answer: B Page Ref: 96 Objective: Outline the history of probation.

Level: Basic 3) Which of the following is a prison sentence that is suspended on the condition that the offender follows certain rules and commits no further crimes?

A) parole B) probation C) community corrections D) house arrest Answer: B Page Ref: 97 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic

174

4) Which of the following styles of supervising community offenders emphasizes assisting the offender with problems, providing counseling, and ensuring that the offender successfully completes supervision?

A) casework style B) surveillance style C) regular style D) intensive-supervision style Answer: A Page Ref: 100 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 5) What kind of caseload includes offenders with very high risk or needs?

A) standard B) regular C) special D) intensive-supervision Answer: D Page Ref: 101 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 6) Which of the following requires that an offender repay society for the harm caused by his or her offense?

A) fines B) offender restitution C) asset forfeiture D) cost of supervision Answer: B Page Ref: 117 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 7) Which Supreme Court case allowed an exception to parole violations by holding that failure to make restitution payments due to unemployment is not sufficient reason to revoke probation?

A) Gagnon v. Scarpelli B) Bell v. Wolfish C) Bearden v. Georgia D) United States v. Birnbaum Answer: C Page Ref: 104 Objective: Summarize modern probation operations, including conditions of probation 175

and revocation of probation.

Level: Intermediate 8) In which case did the Supreme Court determine that probation is a privilege and not a right?

A) Mempa v. Rhay B) Gagnon v. Scarpelli C) Morrissey v. Brewer D) United States v. Birnbaum Answer: D Page Ref: 104 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate 9) Which Supreme Court decision granted probationers the right to legal counsel during the revocation hearing?

A) United States v. Birnbaum B) Mempa v. Rhay C) Gagnon v. Scarpelli D) Morrissey v. Brewer Answer: B Page Ref: 104-105 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate 10) Which 1973 Supreme Court decision created the due process requirements for revoking probation?

A) Mempa v. Rhay B) Bell v. Wolfish C) Gagnon v. Scarpelli D) United States v. Birnbaum Answer: C Page Ref: 105 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate 11) Which of the following is NOT a possible result if the court finds that a probationer is in violation?

A) The court may add conditions and restore to probation.

B) The court may revoke probation and order imprisonment under the original sentence.

C) The court has no discretion and must order imprisonment under the original sentence.

D) The court may reprimand and restore to supervision.

Answer: C 176

Page Ref: 105 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate 12) Which probation style mimics the community policing philosophy and partners with citizens groups, churches, and other neighborhood organizations?

A) intensive-supervision probation B) broken-windows probation C) special conditions of probation D) public-safety probation Answer: B Page Ref: 108 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 13) Which type of supervision is typically satisfactory for offenders who pose little risk to the community?

A) administrative supervision B) intensive supervision C) regular supervision D) minimum supervision Answer: D Page Ref: 112 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 14) ________ is used only after low-risk offenders demonstrate a good adjustment to supervision.

A) Administrative supervision B) Regular supervision C) Intensive supervision D) Minimum supervision Answer: A Page Ref: 112-115 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 15) Which is NOT a factor that has been cited in support of intermediate sanctions?

A) unhappiness with regular probation supervision B) tightening of state budgets C) increase in prison overcrowding D) rise in the number of plea bargains 177

Answer: D Page Ref: 116 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic

178

16) Which of the following is a form of restitution in which offenders repay their victims directly for their losses and harm caused by the offense?

A) fines B) offender restitution C) victim costs D) victim compensation Answer: D Page Ref: 117 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 17) Which of the following is sometimes referred to as "community control"?

A) electronic monitoring B) intensive supervised probation C) asset forfeiture D) house arrest Answer: D Page Ref: 119 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 18) The major component of which of the following alternatives to incarceration is military regimentation, discipline, exercise, and hard work?

A) minimum-security prison B) intensive supervised probation C) boot camp D) house arrest Answer: C Page Ref: 124 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 19) On which model is shock probation based?

A) specific deterrence B) broken-windows probation C) general deterrence D) risk-prediction Answer: A Page Ref: 125 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate

179

20) Which term describes the overlapping of criminal sanctions and added supervision for community-placed offenders?

A) shock probation B) net widening C) intensive supervised probation D) community corrections Answer: B Page Ref: 126 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 4.2 True/False Questions 1) Over the past fifty years, the sentencing options available to judges have increased.

Answer: TRUE Page Ref: 96 Objective: Outline the history of probation.

Level: Basic 2) With house arrest, offenders face the restriction of not being able to work at a job outside of the house.

Answer: FALSE Page Ref: 119 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 3) Judges have little discretion in imposing special conditions of probation.

Answer: FALSE Page Ref: 103 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 4) A probationer cannot be arrested and detained in jail during the revocation process.

Answer: FALSE Page Ref: 104 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 5) During a revocation hearing, a probationer may be represented by legal counsel and may have the opportunity to testify.

Answer: TRUE Page Ref: 104-105 180

Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate 6) In recent years, as a result of increasing surveillance and close monitoring of offenders, the number of probation violations has risen significantly.

Answer: TRUE Page Ref: 107 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 7) Community supervision officers do not visit offenders' residences or places of employment.

Answer: FALSE Page Ref: 107 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 8) Under administrative supervision, offenders have no contact with a parole or probation officer, but they still must meet their conditions.

Answer: TRUE Page Ref: 112-115 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 9) Offenders can pay restitution through community service.

Answer: TRUE Page Ref: 117-118 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 10) Electronic monitoring is a criminal sanction, not a method of supervision.

Answer: FALSE Page Ref: 120 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 11) Community residential center placement rarely occurs after probationers are failing under their current supervision requirement.

Answer: FALSE Page Ref: 120 181

Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 12) The stay at a community residential center may be as short as 30 days.

Answer: TRUE Page Ref: 123 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate

182

13) Split sentences have become more common over the past two decades thanks to the "tough on crime" approach.

Answer: TRUE Page Ref: 123-124 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 14) Boot camps are gaining in popularity because they are less expensive to operate than other methods of incarceration.

Answer: FALSE Page Ref: 125 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 15) Shock probation is generally believed to be a low-cost and effective intermediate sanction for less serious felons.

Answer: TRUE Page Ref: 126 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 4.3 Fill in the Blank Questions 1) Criminal sanctions that involve community supervision of offenders, use correctional and program resources available in the community, and require offenders to abide by specified conditions to remain in the community are ________ corrections.

Answer: community Page Ref: 96 Objective: Outline the history of probation.

Level: Basic 2) John Augustus is the Boston shoemaker who became the father of ________.

Answer: probation Page Ref: 96 Objective: Outline the history of probation.

Level: Basic 3) The term ________ is based on a Latin term that means "a period of proving oneself."

Answer: probation Page Ref: 97 Objective: Outline the history of probation.

Level: Basic

183

4) The primary purpose of probation ________ is to maintain surveillance, enforce conditions of probation, and guide offenders into treatment to protect the public from further crimes.

Answer: supervision Page Ref: 100 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate 5) The ________ style of supervising community offenders emphasizes monitoring and enforcing compliance with the rules of supervision and detecting violations leading to revocation and return to custody.

Answer: surveillance Page Ref: 100 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 6) A(n) ________ caseload comprises standard probationers who require no special program or supervision.

Answer: regular Page Ref: 101 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 7) Probation can be revoked for ________ violations, that is, not meeting all the conditions of supervision.

Answer: technical Page Ref: 104 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 8) Community ________ systems are risk assessments that predict the chance of an offender in the community committing new crimes and help to set the level of supervision the offender needs.

Answer: classification Page Ref: 112 Objective: Outline the results of evaluations regarding the effectiveness of felony probation.

Level: Basic 9) ________ sanctions use money as the means of carrying out criminal sanctions, such as restitution and forfeiture of assets.

Answer: Economic 184

Page Ref: 117 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 10) A(n) ________ is money that offenders pay to the court as punishment for committing an offense.

Answer: fine Page Ref: 117 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 11) Community ________ centers, also known as halfway houses, are houses in which offenders live in the community that provide supervision, room and board, and some treatment as an alternative to prison.

Answer: residential Page Ref: 120 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 12) The overlapping of criminal sanctions and added supervision for community-placed offenders, rather than diversion of offenders from prison, is called ________ widening.

Answer: net Page Ref: 126 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 13) The use of technology to monitor an offender's location is ________ monitoring.

Answer: electronic Page Ref: 119 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 14) A combination of a short jail sentence with a return to the community on probation is a(n) ________ sentence.

Answer: split Page Ref: 123 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 15) A short period of imprisonment with a return to the community within a few weeks to 185

continue supervision on probation is ________ probation.

Answer: shock Page Ref: 125 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic

186

4.4 Matching Questions Match the category of intermediate sanction with the appropriate description.

A) A combination of a short jail sentence and then return to the community on probation B) Supervision of community offenders with higher than average risk, through smaller caseloads and very close monitoring of activities C) House in which offenders live in the community that provides supervision, room and board, and some treatment as an alternative to prison D) The use of technology to monitor an offender's location 1) Intensive supervised probation Page Ref: 117-124 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 2) Electronic monitoring Page Ref: 117-124 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 3) Community residential center Page Ref: 117-124 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic 4) Split sentence Page Ref: 117-124 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Basic Answers: 1) B 2) D 3) C 4) A

187

4.5 Essay Questions 1) What is the difference between standard and special conditions of probation?

Answer: Standard conditions are those that are given to all probationers, such maintain employment and report regularly to the probation officer. Special conditions are based on the needs of the offender, such as urinalysis or AA meetings.

Page Ref: 103 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Basic 2) Explain the purpose and operations of a boot camp.

Answer: Boot camps are developed in order to implement discipline and routine into the life of a juvenile delinquent. This is achieved with rigorous military physical activity and disciplinary regime, required short haircuts and clothing, and education.

Page Ref: 124-125 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 4.6 Critical Thinking Questions 1) Why is net widening a negative impact of intermediate sanctions?

Answer: Answer should include: Net widening involves additional supervision and criminal sanctions for more offenders, rather than diversionary techniques. This is not only expensive in regard to the cost for the criminal justice system, but also stigmatizing for the offender.

Page Ref: 126 Objective: Describe the goals of intermediate sanctions and the different types of sanctions.

Level: Intermediate 2) Are probation officers more of a supervisor or counselor?

Answer: Answer should include: Probation officers have a difficult time providing proper treatment and services to all of their clients due to a large caseload. This results in more of a disciplinarian and supervisory role rather than social service provider (the original intention of a probation officer).

Page Ref: 100-101 Objective: Summarize modern probation operations, including conditions of probation and revocation of probation.

Level: Intermediate

188

Corrections: An Introduction, 6e (Seiter) Chapter 5 Prison Systems 5.1 Multiple Choice Questions 1) Where was the first U.S. penitentiary established?

A) Los Angeles B) Chicago C) Philadelphia D) New York City Answer: C Page Ref: 131 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 2) About how many inmates did state and federal prisons hold in 1967?

A) 100,000 B) more than 500,000 C) less than 300,000 D) one million Answer: C Page Ref: 132 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 3) What is the primary function of prisons?

A) to hold convicted felons, usually serving a sentence of a year or more B) to hold defendants awaiting trial C) to hold felons serving sentences of all lengths D) to hold drug offenders serving sentences of less than a year Answer: A Page Ref: 133 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic

189

4) Which 1981 Supreme Court decision set forth that housing two inmates in a cell designed for one did not violate the Eighth Amendment's protection from cruel and unusual punishment?

A) Bruscino v. Carlson B) Rhodes v. Chapman C) Bell v. Wolfish D) Morrissey v. Brewer Answer: B Page Ref: 133 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 5) Which of the following is a recommendation of the 1967 report by the President's Commission on Law Enforcement and Administration of Justice?

A) Inmates must be given the opportunity and capability to earn a living wage to compensate their victims and support their families.

B) Most inmates derive minimum benefit from their incarceration during the first two years.

C) Community-based corrections are more expensive and less effective than incarceration.

D) The rates of pay for prison inmates should be set at approximately half the wage for similar labor.

Answer: A Page Ref: 131-132 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 6) Which is part of the mission statement of most prisons?

A) to prepare offenders for release and transition to the community B) to physically discipline inmates who break the rules C) to provide programs to keep inmates busy D) to pay prison inmates a living wage to compensate their victims Answer: A Page Ref: 134 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 7) Which of the following is responsible for housing illegal aliens pending a hearing?

A) the Federal Bureau of Prisons B) U.S. Immigration and Customs Enforcement C) community correctional centers D) brigs operated by the U.S. military services Answer: B 190

Page Ref: 156 Objective: List the other public correctional systems.

Level: Basic 8) Which enactment pertains to interstate transportation of stolen vehicles?

A) the Dyer Act B) the Volstead Act C) the Harrison Narcotic Act D) the White Slave Act Answer: A Page Ref: 141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 9) Which private prison company had the highest revenue in 2016?

A) The GEO Group B) CoreCivic C) Management Training Corporation D) Corrections Corporation of America Answer: B Page Ref: 162 Objective: Suggest the reasons for the development of private prisons, and speculate regarding their role in the future.

Level: Basic 10) Which of the following is Immigration and Customs Enforcement (ICE) responsible for?

A) detaining individuals who are convicted of violating the military code B) detaining individuals arrested for commission of a crime and found to be in the United States without permission C) detaining Americans arrested for committing a crime in another country D) detaining individuals arrested for attempting to leave the United States without a valid passport Answer: B Page Ref: 156 Objective: List the other public correctional systems.

Level: Basic 11) When was the U.S. Department of Justice established?

A) 1941 B) 1776 C) 1870 D) 1967 Answer: C Page Ref: 139 Objective: Summarize the organization of the federal and state prison systems.

191

Level: Basic

192

12) Who was the first director of the Federal Bureau of Prisons?

A) Norman A. Carlson B) Sanford Bates C) Myrl E. Alexander D) Harley G. Lappin Answer: B Page Ref: 140 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 13) Which Act exemplifies criminal statutes extending the authority of the federal government to prosecute new crimes that were difficult for local law enforcement agencies to handle?

A) the Sentencing Reform Act B) the Volstead Act C) the Three Penitentiary Act D) the Hawes-Cooper Act Answer: B Page Ref: 130 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 14) Which type of Federal Bureau of Prison facility handles the highest number of inmates?

A) home confinement B) jail/short-term detention C) community correctional centers D) BOP-operated prisons Answer: D Page Ref: 142 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 15) What is the security level at federal institutions that feature dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing?

A) minimum B) medium C) high D) low Answer: A Page Ref: 142 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic

193

16) What is the security level of U.S. penitentiaries?

A) low B) minimum C) high D) medium Answer: C Page Ref: 142 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 17) Which federal institutions have special missions, such as the detention of pretrial offenders or containment of extremely dangerous inmates?

A) federal correctional institutions B) federal prison camps C) administrative facilities D) brigs Answer: C Page Ref: 142 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 18) Which private prison corporation opened the first for-profit correctional facility in 1984 in Hamilton County, Tennessee?

A) Corrections Corporation of America B) Management Training Corporation C) The GEO Group D) Community Correction Centers Ltd. Answer: A Page Ref: 159 Objective: Suggest the reasons for the development of private prisons, and speculate regarding their role in the future.

Level: Basic 19) Which of the following statements is TRUE of a career as a warden?

A) A warden's job is similar to that of a congressperson.

B) A warden is responsible for overseeing a state's correctional system.

C) Wardens are paid more than most chief executives in the private sector.

D) Warden is a job that takes many years of training and experience.

Answer: D Page Ref: 135 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic

194

20) Which company received the first private contract to house adult offenders?

A) The GEO Group B) Cornell Correctional Companies C) Corrections Corporation of America D) Management Training Corporation Answer: C Page Ref: 159 Objective: Suggest the reasons for the development of private prisons, and speculate regarding their role in the future.

Level: Basic 5.2 True/False Questions 1) Prisons are a relatively new phenomenon in criminal justice and corrections.

Answer: TRUE Page Ref: 131 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 2) The penitentiary was first established because the Pennsylvania Quakers decided that a more humane and efficient way to punish and reform criminals was needed.

Answer: TRUE Page Ref: 131 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 3) The role of prisons in the U.S. criminal justice system over the past several years has grown tremendously.

Answer: TRUE Page Ref: 131 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 4) Retribution was strongly emphasized as the goal of prisons until the 1970s.

Answer: FALSE Page Ref: 132 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic

195

5) Before the 1970s, only the most violent and dangerous offenders went to prison, while property offenders usually got probation and supervision in the community.

Answer: TRUE Page Ref: 132 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 6) Currently, drug offenders with no prior involvement in crime often receive short, probation sentences.

Answer: FALSE Page Ref: 132-133 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 7) Inmates consider jail sentences very "easy time," because there is so little to do.

Answer: FALSE Page Ref: 133 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 8) Prison administrators try to keep inmates idle in their cells and quiet for as much of the day as possible.

Answer: FALSE Page Ref: 133 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 9) Currently, the U.S. public agrees that confinement facilities are the most effective way to protect the public, punish criminals, and deter them from committing further crimes after release.

Answer: TRUE Page Ref: 135 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 10) The use of prisons as a criminal sanction has increased, in part, because of the public's increasing fear of crime, decreasing tolerance of criminals, and demand for tougher sentencing laws.

Answer: TRUE Page Ref: 136 Objective: Summarize the characteristics and status of prisons in the United States, 196

including the changing demographic trends in the inmate population.

Level: Basic 11) The federalization of drug laws has had the greatest effect on the increase in the number of drug offenders in prison.

Answer: TRUE Page Ref: 137 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 12) The budgets for all three areas of the criminal justice system (police, courts, and corrections) have increased dramatically.

Answer: TRUE Page Ref: 137 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 13) The Sentencing Reform Act of 1984 made way for parole, and increased the amount of good time available to federal offenders.

Answer: FALSE Page Ref: 141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 14) As many drug crimes were federalized, the federal prison population declined with less than one-third of all federal prison inmates serving sentences for drug offenses.

Answer: FALSE Page Ref: 150 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 15) Most states require that the staff of private prisons be public employees, not employees of the company that owns the prison.

Answer: FALSE Page Ref: 158-159 Objective: Suggest the reasons for the development of private prisons, and speculate regarding their role in the future.

Level: Basic

197

5.3 Fill in the Blank Questions 1) An institution designed to house convicted, adult felons serving a sentence of one year or more is a(n) ________.

Answer: prison Page Ref: 131 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 2) In the late 1960s, the ________ model, with its emphasis on rehabilitating offenders, was the prevailing corrections philosophy.

Answer: medical Page Ref: 132 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 3) A(n) ________ is a statement of an organization's major function and what it is to accomplish.

Answer: mission Page Ref: 134 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 4) New ________ is an emphasis on the rational and efficient deployment of control strategies for managing and confining high-risk criminal populations.

Answer: penology Page Ref: 137 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 5) The war on drugs began as an initiative by President _______ to reduce the availability of and dependence on illicit drugs through interdiction, criminal sanctions, and treatment.

Answer: Reagan Page Ref: 127 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 6) Crimes with little sophistication, such as murder, robbery, burglary, assault, and theft are ________ crimes.

Answer: street Page Ref: 139 198

Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 7) The decision of Congress to make a crime a federal rather than a state offense is to ________ a crime.

Answer: federalize Page Ref: 139 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 8) The U.S. penitentiary in Leavenworth, Kansas, was one of the three federal prisons authorized and built under the Three ________ Act of 1891.

Answer: Penitentiary Page Ref: 139 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 9) The Federal Bureau of ________ is the agency within the Justice Department that is charged with housing and managing federal offenders.

Answer: Prisons Page Ref: 139-140 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 10) The ________ Reform Act of 1984 abolished parole, established determinate sentencing, and reduced the amount of good time for federal offenders.

Answer: Sentencing Page Ref: 141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 11) Federal prisons are classified into five different ________ levels (minimum, low, medium, high, or administrative), with each type of facility holding inmates with similar risks of violence and escape.

Answer: security Page Ref: 142 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 12) Security ________ is a system of matching offenders to institutions with the security and staff resources to prevent escapes and control inmate behavior.

Answer: classification Page Ref: 151 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic

199

13) In the United States, ________ and Customs Enforcement is responsible for housing illegal aliens pending a hearing or deportation back to their home country.

Answer: Immigration Page Ref: 156 Objective: List the other public correctional systems.

Level: Basic 14) A military correctional facility is also called a(n) ________.

Answer: brig Page Ref: 157 Objective: List the other public correctional systems.

Level: Basic 15) A(n) ________ prison is a secure correctional facility operated by a nongovernmental agency and usually in a "for profit" manner.

Answer: private Page Ref: 158 Objective: Suggest the reasons for the development of private prisons, and speculate regarding their role in the future.

Level: Basic

200

5.4 Matching Questions Match the piece of legislation with the appropriate description.

A) Prohibition of the sale and consumption of alcohol B) Criminalization interstate commerce of prostitution C) The 1891 act of Congress that authorized the construction of the first three federal prisons D) The act of Congress that abolished parole, established determinate sentencing, and reduced the amount of good time available to federal offenders 1) Three Penitentiary Act Page Ref: 139-141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 2) Sentencing Reform Act of 1984 Page Ref: 139-141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 3) White Slave Act of 1910 Page Ref: 139-141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic 4) Volstead Act of 1918 Page Ref: 139-141 Objective: Summarize the organization of the federal and state prison systems.

Level: Basic Answers: 1) C 2) D 3) B 4) A

201

5.5 Essay Questions 1) How did Rhodes v. Chapman affect the application of the Eighth Amendment in regard to inmate treatment?

Answer: Rhodes ruled that overcrowding itself is not a violation of the Eighth Amendment. When considering a cruel and unusual punishment accusation against the government, the totality of the conditions must be considered.

Page Ref: 133 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Basic 2) Explain the effect of the War on Drugs on the corrections system.

Answer: The War on Drugs influenced the passage of legislation and sentencing policies that were punitive and required longer incarceration sentences. In addition, lower level drug crimes were now punished with prison sentences instead of probation.

Page Ref: 137 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Intermediate 5.6 Critical Thinking Questions 1) Although the educational level requirement of a warden position is usually low, they have a difficult job. How can their decisions affect inmates?

Answer: Answer should include: Potentially the most important job of a warden is people management. His/her treatment and decisions affecting inmates can help or harm communication, relationships between inmates, and the safety of all those employed or incarcerated. In addition, the warden must make decisions that are fair but reasonable so not to insight feelings of bias between staff and/or inmates.

Page Ref: 135 Objective: Summarize the characteristics and status of prisons in the United States, including the changing demographic trends in the inmate population.

Level: Intermediate

202

Corrections: An Introduction, 6e (Seiter) Chapter 6 Parole and Prisoner Reentry 6.1 Multiple Choice Questions 1) Which stage of Maconochie's marks system emphasized punishment and included solitary confinement and a diet of bread and water?

A) social stage B) associated stage C) ticket of leave D) penal stage Answer: D Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 2) Which of the following early forms of parole originated on Norfolk Island in the nineteenth century and allowed the release of prisoners who had proven themselves through work and good behavior?

A) open institution B) leave system C) prisoner reentry D) ticket of leave Answer: D Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 3) Which nineteenth-century director of the Irish prison system created a four-stage system of graduated release from prison?

A) Alexander Maconochie B) Andrew von Hirsch C) Zebulon R. Brockway D) Sir Walter Crofton Answer: D Page Ref: 168 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic

203

4) What was the first stage of the Irish system of release?

A) ticket of leave B) solitary confinement C) special prison D) open institution Answer: B Page Ref: 168 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 5) Which U.S. penologist advocated the Irish system in the United States and became the first superintendent of the Elmira Reformatory?

A) Sir Walter Crofton B) Sanford Bates C) Zebulon R. Brockway D) Alexander Maconochie Answer: C Page Ref: 168 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 6) Which law, enacted by the British Parliament in 1853, enabled prisoners to be released into the community and supervised by the police?

A) Penal Servitude Act B) Parole Commission and Reorganization Act C) Second Chance Act D) Prison Litigation Reform Act Answer: A Page Ref: 168 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 7) Which of the following calls for fixed sentences so that the punishment fits the crime?

A) just deserts model B) discretionary parole C) justice model D) salient factor score Answer: A Page Ref: 171 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic

204

8) Which of the following was created as a means to reduce disparity and make decision making more understandable to the public and inmates?

A) positive contact B) unconditional mandatory release C) parole guidelines D) salient factor score Answer: C Page Ref: 173 Objective: Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

Level: Basic 9) Which of the following is a point determination for each inmate for use with parole guidelines?

A) guideline range B) guidelines table C) salient factor score D) inmate score Answer: C Page Ref: 174 Objective: Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

Level: Basic 10) Which of the following is one of the three major steps in the sentencing and release processes for discretionary parole?

A) a determinate sentence with a set time to serve before parole eligibility B) consideration of release by the warden C) supervision in the community under specific conditions D) parole decision is communicated to the inmate in writing through the prison staff Answer: C Page Ref: 177 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 11) What is the release of inmates after they have served a determinate sentence, but with a period of supervision in the community, known as?

A) supervised mandatory release B) unconditional mandatory release C) discretionary parole D) post release control Answer: A Page Ref: 173 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

205

Level: Basic 12) Which of the following classifications pertaining to "supervision and conditions of parole" requires three contacts per month with at least one positive contact?

A) intensive B) basic low C) basic medium D) basic high Answer: D Page Ref: 185 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 13) How many contacts per month with at least one positive contact does a basic low classification pertaining to "supervision and conditions of parole" require?

A) none B) one C) two D) five Answer: A Page Ref: 185 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 14) Which of the following was the ruling in the Gagnon v. Scarpelli case in 1973?

A) Full due process rights need to be afforded for a parolee.

B) Parole is legally considered a privilege and not a right.

C) A parole officer must determine whether counsel shall be provided to the parolee.

D) Parolees have a limited right to counsel.

Answer: D Page Ref: 190 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 15) Which step occurs during the formal revocation of parole process?

A) preliminary revocation hearing B) trial by jury C) appointment of counsel D) determination of a violation by a judge Answer: A Page Ref: 188 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

206

Level: Basic 16) Which document does a parole officer write when a parole violation occurs and the offender does NOT cooperate or absconds from supervision?

A) salient factor score B) full revocation C) ticket of leave D) notice of violation Answer: D Page Ref: 188 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 17) Which 1972 Supreme Court decision set forth that once parole is granted, offenders must have certain due process to revoke that liberty?

A) Gagnon v. Scarpelli B) Morrissey v. Brewer C) Bell v. Wolfish D) Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex Answer: B Page Ref: 189 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 18) Which is one of Petersilia's six collateral consequences of imprisonment?

A) recidivism B) prison overcrowding C) drug abuse D) homelessness Answer: D Page Ref: 193 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 19) How is prisoner reentry different today compared to a few decades ago?

A) Prisoners are serving significantly shorter prison terms.

B) Fewer offenders are released from prisons than in the past.

C) Most inmates receive the benefit of extensive rehabilitation programs or prerelease programs.

D) Communities to which prisoners return are more disorganized and their families less supportive.

Answer: D Page Ref: 193 207

Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 20) What should a parole officer's first step be if he or she thinks a parolee has failed to adhere to a technical condition of parole supervision?

A) make a warrant for arrest and custody B) create a notice of violation C) create a stipulated agreement D) make a determination of a violation Answer: D Page Ref: 188 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 21) Which of the following is one of the ways the 2007 Second Chance Act proposed to ease the reentry process for individuals leaving prison?

A) by providing rehabilitative treatment B) by providing less harsh sentences C) by providing parole to those leaving prison D) by providing more personal liberty to the prisoners Answer: A Page Ref: 197 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 22) What is a purpose of reentry courts?

A) to oversee an offender's transition to the community B) to create mentor programs for adults and juveniles leaving prison C) to educate and give job training in prison D) to treat drug addicts during and after incarceration Answer: A Page Ref: 197 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 6.2 True/False Questions 1) During the 1900s, prisoners served set amounts of time in crowded prisons, with little emphasis on rehabilitation or preparation for release.

Answer: FALSE Page Ref: 166 Objective: Outline the history of parole, and specify the role played by Maconochie and 208

Crofton.

Level: Basic

209

2) By 1944, all states had adopted the use of parole and indeterminate sentences.

Answer: TRUE Page Ref: 169 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 3) The Great Depression helped to expand the use of parole, as more people were sent to prison because of unemployment and Prohibition.

Answer: TRUE Page Ref: 169 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 4) After World War II, the retributive model of corrections was adopted as the dominant theory influencing prison practices.

Answer: FALSE Page Ref: 170 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 5) In the 1979 case Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, the Supreme Court determined that parole was legally a privilege and not a right.

Answer: TRUE Page Ref: 177-179 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 6) An important feature in the organization of parole decision-making is that the parole board is independent from prison administrators.

Answer: TRUE Page Ref: 180 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 7) Hearing procedures are the same in every state.

Answer: FALSE Page Ref: 180 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 210

211

8) The length of parole supervision following release from prison is never more than a year.

Answer: FALSE Page Ref: 186 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 9) Parole offenders may waive the preliminary hearing and proceed to the full revocation hearing.

Answer: TRUE Page Ref: 189 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 10) Most offenders today serve a determinate sentence that is much longer than in the past.

Answer: TRUE Page Ref: 193 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 11) Employment is key to successful reentry.

Answer: TRUE Page Ref: 196-198 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 12) A large percentage of inmates receive extensive rehabilitation and prerelease programs.

Answer: FALSE Page Ref: 193 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 13) Maconochie's mark system allowed for inmates to be released once they earned the required level of marks through work and good behavior.

Answer: TRUE Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 212

213

14) The prison staff generally make a recommendation regarding parole in most states.

Answer: FALSE Page Ref: 180 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 15) Special conditions of parole are similar to special conditions of probation.

Answer: TRUE Page Ref: 182 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 16) Transitional employment programs provide subsidized work to current prisoners with close supervision, mentoring, and on-the-job training.

Answer: FALSE Page Ref: 198 Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic 17) In Maconochie's mark system, during the initial penal stage of incarceration inmates could begin to earn marks through work, program participation, and good behavior.

Answer: FALSE Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 6.3 Fill in the Blank Questions 1) ________ is the conditional release of inmates prior to the expiration of their sentence.

Answer: Parole Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 2) The superintendent of the British penal colony on Norfolk Island who created a system of marks for good behavior that could lead to a graduated release from prison was Alexander ________.

Answer: Maconochie Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

214

Level: Basic 3) The ________ system was a system of credits against a sentence that allowed inmates to be released once they earned the required number through work and good behavior.

Answer: mark Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Basic 4) Opened in 1876, the first reformatory in the United States was the ________ Reformatory.

Answer: Elmira Page Ref: 169 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 5) The ________ model for sentencing proposed by David Fogel would use flat, determinate sentences, eliminate parole boards, and make all treatment voluntary.

Answer: justice Page Ref: 171 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 6) ________ parole is granted when the decision to release the offender is made by a parole board.

Answer: Discretionary Page Ref: 172 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 7) ________ guidelines are similar to sentencing guidelines and use predictive factors to determine offenders' risk to the community and chance for success.

Answer: Parole Page Ref: 173 Objective: Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

Level: Basic 8) The ________ parole date is the date on which the inmate can expect to be released on parole.

Answer: presumptive Page Ref: 181 215

Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 9) In some states, ________ officers conduct parole hearings and recommend decisions to the parole board.

Answer: hearing Page Ref: 180 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 10) ________ factor score is the score based on factors predictive of success on parole.

Answer: Salient Page Ref: 174 Objective: Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

Level: Basic 11) ________ contact is face-to-face contact between a parole officer and an offender.

Answer: Positive Page Ref: 185 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 12) ________ officers are the line-level employees responsible for supervising parolees in the community from the time of their release until they either successfully leave supervision or have their parole revoked.

Answer: Parole Page Ref: 187 Objective: Explain the conditions of parole supervision, and how classification is used to determine offender risk.

Level: Basic 13) Failure to follow conditions of parole supervision is known as a(n) ________.

Answer: violation Page Ref: 187 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic 14) The process by which an inmate leaves prison and returns to the community is known as prisoner ________.

Answer: reentry Page Ref: 174 216

Objective: Describe the reentry process, the issues inmates face when reentering the community, and what can be done to address them.

Level: Basic

217

15) If the offender agrees that he or she has made a technical parole violation, the officer writes a report that is referred to as a(n) ________ agreement.

Answer: stipulated Page Ref: 188 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Basic

218

6.4 Matching Questions Match the term affiliated with parole with the correct definition.

A) Use of determinate sentencing with no option for parole B) Fixed sentencing model C) Inmates serve a determinate sentence but follow with period of supervision D) Release of inmate by parole board E) Inmates serve full portion of sentence then are released with no supervision 1) Justice model Page Ref: 171-173 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 2) Just deserts model Page Ref: 171-173 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 3) Discretionary parole Page Ref: 171-173 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 4) Supervised mandatory release Page Ref: 171-173 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic 5) Unconditional mandatory release Page Ref: 171-173 Objective: Explain the significance of the Elmira Reformatory and the medical model in the history of parole in the United States.

Level: Basic Answers: 1) A 2) B 3) D 4) C 5) E

219

6.5 Essay Questions 1) Explain Maconochie's mark system and its relationship to current day parole.

Answer: Answer (should include points such as): Instead of sentences for a specific amount of time, Maconochie required offenders to earn a specific number of marks based on the severity of the crime, and they would be released once they earned the required level of marks through work and good behavior.

His system consisted of four stages on the way to release, each providing more personal liberty to the prisoner.

• The penal stage emphasized punishment and included solitary confinement and a diet of bread and water.

• The associated stage allowed inmates to associate and begin to earn marks through work, program participation, and good behavior. Poor behavior resulted in an increase in the number of marks required for release.

• The third stage was the social stage, in which inmates were grouped and held jointly responsible for the conduct of each other, as a way to begin the process of living responsibly in society.

• The final stage was a ticket of leave, in which prisoners earning the required level of marks received a conditional pardon and were released to the community.

Page Ref: 167 Objective: Outline the history of parole, and specify the role played by Maconochie and Crofton.

Level: Intermediate 2) Explain the calculation a salient factor score.

Answer: The salient factor score predicts the success rate of an offender if released on parole. It includes the number of prior convictions and commitments, age of current commitment and probation/parole/escape violation status.

Page Ref: 174 Objective: Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

Level: Basic 6.6 Critical Thinking Questions 1) How does moving away from indeterminate sentencing affect the use of parole?

Answer: Answer should include: Determinate sentencing increases the length of time offenders serve and decreases the use of parole. Offenders do not have incentive to behave while in prison, and infractions can increase. In addition, parole can aid against overcrowding, so decreasing its use increases the prison population.

Page Ref: 176 Objective: Compare and contrast the ways inmates can be released from prison, and explain the use of parole guidelines to determine parole readiness.

Level: Intermediate

220

2) Describe how due process is applied to offenders during the parole process.

Answer: Answer should include: The Greenholtz decision determined that parole is not a constitutional right or a privilege, so all offenders are not guaranteed parole. However, once an individual has been granted parole, Morrissey recognized that offenders have the right to due process during revocation procedures.

Page Ref: 189-190 Objective: Describe the process of parole revocation and list the due process rights for offenders during this process.

Level: Intermediate

221

Corrections: An Introduction, 6e (Seiter) Chapter 7 The Clients of Adult Correctional Agencies 7.1 Multiple Choice Questions 1) Today's prison population being larger and more diverse than it was in the past is due to what?

A) the incarceration of many property and drug offenders who previously were not sentenced to prison B) the larger proportion of offenders being white C) the prison population becoming "middle crime age" (age twenty-five to thirty-five) and physically and emotionally unhealthy D) the decreasing percentage of elderly offenders Answer: A Page Ref: 206 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Intermediate 2) Which of the following is one of the four largest jurisdictions that combined hold more than one-third of all female prisoners?

A) Louisiana B) Georgia C) New York D) Texas Answer: D Page Ref: 208-210 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 3) Crime is closely linked to which of the following?

A) economic success B) lack of education C) race D) poverty and drug use Answer: D Page Ref: 211 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic

222

4) At the end of 2016, the largest percent of the state and federal prison population were ________.

A) Hispanic B) white C) black D) Asian Answer: C Page Ref: 210 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Intermediate 5) Which one of the following is a phenomena that contributes to the aging of the prison population?

A) Exposure to the highly stressful environment in prison causes inmates to age prematurely.

B) Sentencing guidelines provide more judicial discretion who choose to keep older offenders in prison longer.

C) The overall U.S. population is getting younger.

D) Inmates are serving longer sentences in prison and therefore stay in prison until they are older.

Answer: D Page Ref: 213 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 6) Which offenses contributed to the most significant increase in the number of prison inmates?

A) drug and public-order offenses B) child molestation and stalking C) white-collar crimes D) murder and rape Answer: A Page Ref: 214-215 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic

223

7) Which of the following is one of the three "believed to be" causes of disparity identified by the Sentencing Project?

A) implicit bias B) structural advantages C) overclassification D) racism Answer: A Page Ref: 212 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 8) What does Wilbanks state in The Myth of a Racist Criminal Justice System?

A) Perception of the criminal justice system as racist is a myth.

B) There are no incidents of individual racism.

C) Prejudice and racism are systematic.

D) Most studies show sufficient evidence of racism.

Answer: A Page Ref: 212 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 9) The highest number of people in the custody of state correctional authorities from 1980-2015 was due to which type of offense?

A) property B) drug C) violent D) public order Answer: C Page Ref: 214-215 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 10) In 2015, males represented about what percentage of the violent crime arrests in the United States?

A) 32 percent B) 80 percent C) 50 percent D) 15 percent Answer: B Page Ref: 216 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Basic

224

11) Inmates in prison who do NOT have any specific designation as a special type of offender are known as ________.

A) high security B) low security C) administrative segregation D) general population Answer: D Page Ref: 218 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Basic 12) Which of the following is a prison security level?

A) state B) community C) federal D) local Answer: B Page Ref: 218 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Basic 13) Which of the following decreases as prison security level increases?

A) physical barriers to deter escapes B) staff member-to-inmate ratio C) restrictions on inmate movement D) emphasis on inmate programs Answer: D Page Ref: 218 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Intermediate 14) As a result of sentencing guidelines and mandatory prison sentences, ________.

A) men are receiving shorter sentences than women for similar offenses B) women are receiving shorter sentences than men for similar offenses C) nearly two-thirds of women, compared to 5 percent of men, convicted of federal felonies are granted probation D) men and women charged with similar offenses are receiving similar sentences Answer: D Page Ref: 219 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate

225

15) What did Greenfeld and Snell's publication on women offenders between 1986 and 1997 indicate?

A) The number of males under correctional supervision increased at a greater rate than that of the number of women under supervision.

B) The number of males under correctional supervision increased at the same rate as did the number of females under supervision.

C) The number of women under correctional supervision decreased compared to the number of males under supervision.

D) The number of women under correctional supervision increased at a greater rate than that of the number of males under supervision.

Answer: D Page Ref: 219 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 16) According to a 2014 study, approximately what percentage of women released in 2005 were returned to prison within three years of release?

A) 10 percent B) 50 percent C) 75 percent D) 95 percent Answer: B Page Ref: 221 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 17) Which of the following is TRUE of female inmates?

A) Objective classification systems developed for male offenders often tend to "underclassify" female offenders.

B) Women offenders have an easier time finding and maintaining employment than male offenders.

C) Female inmates are more concerned about race than male inmates.

D) Female offenders suffer from mental illness at a higher rate than their male counterparts.

Answer: D Page Ref: 229 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic

226

18) Which of the following is a factor inherent in correctional settings that hampers the provision of health services?

A) lack of caring correctional staff B) abundant financial resources C) difficulties in staff recruitment D) limited rights of inmates to medical care Answer: C Page Ref: 227 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 19) In which case did the Eighth Circuit Court suggest five criteria to be used to examine whether differences in prison programs discriminate against female inmates?

A) Rhodes v. Chapman B) Morrissey v. Brewer C) Pargo v. Elliott D) Terry v. Ohio Answer: C Page Ref: 231 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 20) In which of the following cases did the federal court rule that disparity of programs for female inmates could not be justified?

A) Barefield v. Leach B) Butler v. Reno C) Pargo v. Elliott D) Barefield v. Butler Answer: A Page Ref: 231 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 7.2 True/False Questions 1) The makeup of the prison population is increasingly minority, as white offenders comprise a continually smaller proportion of the prison population.

Answer: TRUE Page Ref: 210 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic

227

2) The percentage of elderly and juvenile offenders sentenced to adult prisons is increasing.

Answer: FALSE Page Ref: 213-214 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 3) Corrections is more a manufacturing operation than about people managing correctional clients.

Answer: FALSE Page Ref: 206 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 4) The number of females under all types of correctional supervision has grown at a more rapid rate than the number of males under supervision.

Answer: TRUE Page Ref: 208 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Intermediate 5) The disproportionate numbers of minorities under correctional supervision have more to do with racism within the criminal justice system than with social factors influencing crime, race, and social class.

Answer: FALSE Page Ref: 211-212 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 6) A majority of the prison population is comprised of minorities.

Answer: TRUE Page Ref: 210 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 7) Sentence length has been increasing due to many "tough on crime" statutes that have been passed since 1980.

Answer: TRUE Page Ref: 215 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

228

Level: Basic 8) Prisons currently house few elderly offenders, most of whom are in relatively good health.

Answer: FALSE Page Ref: 213 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 9) Violence is equally likely in male prisons and female prisons.

Answer: FALSE Page Ref: 216 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Intermediate 10) Prison systems are predominantly planned and administered around the management of male inmates.

Answer: TRUE Page Ref: 218 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Basic 11) The average length of women's prison sentences is equal to those of men.

Answer: FALSE Page Ref: 221 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 12) Almost 80 percent of the women in state prisons have "severe, long-standing substance abuse problems."

Answer: TRUE Page Ref: 226 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 13) Objective classification systems developed for male offenders often "'overclassify" female offenders.

Answer: TRUE Page Ref: 228 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 14) Female offenders suffer from mental illness at a lower rate than their male counterparts.

Answer: FALSE 229

Page Ref: 229 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic

230

15) To improve the parental relationship between women inmates and their children, many prisons have established parenting programs that often include training classes to improve parenting skills.

Answer: TRUE Page Ref: 226 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 7.3 Fill in the Blank Questions 1) Racial ________ exists when minorities comprise a greater percentage of those under correctional supervision than their makeup in the U.S. population.

Answer: disparity Page Ref: 211 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 2) ________ offenders are people convicted of crimes regarding the possession or sale of drugs.

Answer: Drug Page Ref: 215 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 3) In terms of recidivism, rates for ________ offenders are high, yet are thought to be less than recidivism rates for comparable male offenders.

Answer: female Page Ref: 220 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 4) The inmates in a prison who do not have any specific designation as a special type of offender represent the ________ population.

Answer: general Page Ref: 218 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Basic 5) The most recent report on length of prison sentence shows that women serve considerably ________ time than men in prison.

Answer: less Page Ref: 221 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 231

232

6) Prison programs that help inmates improve their parenting skills, even while in prison, are called ________ programs.

Answer: parenting Page Ref: 226 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 7) Programs that help offenders reduce their likelihood of further abuse of alcohol or drugs are called substance ________ programs.

Answer: abuse Page Ref: 227 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 8) According to the 1974 federal court decision in ________ v. Leach, a disparity of programs for female inmates could not be justified just because the smaller number of female inmates made it more costly to provide program parity.

Answer: Barefield Page Ref: 231 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 9) The 1995 case of ________ v. Elliott determined that differences in programs between men's and women's prisons do not necessarily violate the Constitution's equal protection clause.

Answer: Pargo Page Ref: 231 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 10) In ________ v. Reno, female federal inmates claimed gender discrimination due to denial of access to facilities, programs, and services available to similarly situated male federal inmates.

Answer: Butler Page Ref: 231 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 11) ________ and counselors work directly with inmates, with the primary responsibility of classifying offenders and creating and monitoring plans for program and work participation.

Answer: Caseworkers Page Ref: 218 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Intermediate

233

12) Girl Scouts Beyond ________ have their chapter based in a prison so inmates with children can participate as Scout parents.

Answer: Bars Page Ref: 226 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 13) ________ is the placement of offenders in prisons more secure than needed for their level of risk.

Answer: Overclassification Page Ref: 228 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 14) The use of ________ as a criminal sanction has skyrocketed from 1980 to 2009.

Answer: incarceration Page Ref: 208 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 15) Over the past few years, the most significant reduction in the prison population has been for those sentenced for committing ________ offenses.

Answer: drug Page Ref: 215 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic

234

7.4 Matching Questions Match the female inmate programs with the appropriate category.

A) Psychological programs B) Parenting programs C) Work programs D) Other programs 1) Substance abuse and mental health counseling Page Ref: 223 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 2) Training and prison industry Page Ref: 223 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 3) Child visitation and parent education Page Ref: 223 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic 4) Health and life skills programs Page Ref: 223 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Basic Answers: 1) A 2) C 3) B 4) D

235

7.5 Essay Questions 1) What factors are associated with criminal behavior?

Answer: Answer (should include points such as): Drug use, poverty, and lack of positive opportunities are linked to criminal activity. In addition, males, younger adults and minorities are more likely to be convicted of crimes.

Page Ref: 211-212 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Basic 2) Explain the concept of "age-blind" in regard to sentencing.

Answer: Current sentencing approaches are "age blind," and offenders who may have been allowed to remain in the community because of their advanced age are now sent to prison if their crime severity warrants it. The large proportion of older offenders in prison have different treatment, medical, and reentry needs than younger inmates, causing new problems for correctional administrators.

Page Ref: 213 Objective: Explain the trends in the number, gender, race, ethnicity, and age of offenders in recent decades.

Level: Intermediate 7.6 Critical Thinking Questions 1) Explain the benefit of Girl Scouts Beyond Bars to the participants.

Answer: Answer should include: This allows for female inmates to spend quality time with their daughters during incarceration. They can participate in Girl Scout activities with their mothers, but also activities with troops formed outside the prison. The parentchild bond can be strengthened.

Page Ref: 226 Objective: Describe the characteristics, classification, and issues of female offenders.

Level: Intermediate 2) Why are violent offenders more likely to be male?

Answer: Answer should include: Biologically, males are more prone to be aggressive and use violence to settle disputes. Females are more emotional and verbal creatures, and less likely to be aggressive.

Page Ref: 216-217 Objective: Describe the characteristics, classification, and issues of male offenders.

Level: Intermediate

236

Corrections: An Introduction, 6e (Seiter) Chapter 8 The Juvenile Correctional System 8.1 Multiple Choice Questions 1) When did the Refuge Period develop?

A) between 1992 and 1999 B) between 1824 and 1899 C) between 1900 and 1944 D) between 1997 and 2006 Answer: B Page Ref: 238 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic 2) Which of the following refers to a term created by DiIulio to describe a generation of violent youths who practiced almost indiscriminant violence on the streets?

A) adult delinquents B) adultification C) superpredators D) neglected youth Answer: C Page Ref: 239 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic 3) When and where was the first juvenile court established?

A) Denver, 1925 B) Los Angeles, 1941 C) Chicago, 1899 D) New York, 1954 Answer: C Page Ref: 238 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic

237

4) What is the general removal of juveniles from correctional institutions and their introduction in community alternatives called?

A) institutionalization B) deinstitutionalization C) residential placement D) delinquency petition Answer: B Page Ref: 239 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic 5) Which of the following describes the process of finding a juvenile guilty of a delinquent act?

A) remand B) certification C) binding over D) adjudication Answer: D Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 6) Which best describes children who may be without a parent or guardian, possibly because the parent is physically or mentally unable to act in that capacity?

A) neglected B) dependent C) superpredators D) delinquent Answer: B Page Ref: 240 Objective: Summarize the categories of juvenile offenders.

Level: Basic 7) Which term best describes children who have a parent or guardian, but are NOT receiving proper care or have a home situation that is harmful to them?

A) dependent B) status offenders C) neglected D) delinquent Answer: C Page Ref: 240 Objective: Summarize the categories of juvenile offenders.

Level: Basic

238

8) Which of the following is a status offense?

A) burglary B) trespassing C) driving while intoxicated D) truancy Answer: D Page Ref: 236 Objective: Summarize the problem of and trends in juvenile crime.

Level: Basic 9) What is the name for the legal exception related to a youth's age, alleged offense, and court history that can place a youth under the jurisdiction of the adult criminal court?

A) status offense B) statutory exclusion C) waiver to adult court D) juvenile detention Answer: B Page Ref: 242 Objective: Summarize the categories of juvenile offenders.

Level: Basic 10) What do the juvenile justice system and the criminal justice system have in common?

A) Rehabilitation of offenders is a primary goal.

B) The public has access to information about offenders.

C) Plea bargaining is common.

D) Constitutional rights apply.

Answer: D Page Ref: 244-245 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Intermediate 11) Which of the following applies to the criminal justice system but not the juvenile justice system?

A) The standard of "proof beyond a reasonable doubt" is required.

B) Community policing strategies are used.

C) The accused has a right to a jury trial.

D) Community protection is a primary goal.

Answer: C Page Ref: 244-245 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic

239

12) Which of the following is the process during which officials determine whether a juvenile case should be dismissed, handled informally, or referred to the juvenile court?

A) consent decree B) order C) referral D) intake Answer: D Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 13) Which of the following is the formal processing of a juvenile offense through the juvenile court?

A) referral B) order C) statutory exclusion D) informal probation Answer: A Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 14) In which of the following cases did the Supreme Court set forth that juveniles must have "the essentials of due process"?

A) Fare v. Michael B) Kent v. United States C) Breed v. Jones D) McKeiver v. Pennsylvania Answer: B Page Ref: 254 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Basic

240

15) In which of the following cases did the Supreme Court rule that in hearings in which juveniles may be committed to an institution, they have the right to counsel, to notice of the charges against them, to question witnesses, and to protection against selfincrimination?

A) McKeiver v. Pennsylvania B) In re Winship C) Kent v. United States D) In re Gault Answer: D Page Ref: 254 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Basic 16) In which of the following cases did the Supreme Court determine that a finding of guilt for juveniles had to meet the standard of "beyond a reasonable doubt"?

A) In re Winship B) Schall v. Martin C) Kent v. United States D) In re Sanford Answer: A Page Ref: 254 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Intermediate 17) In which of the following cases did the Supreme Court uphold the use of preventive detention pending trial for juveniles?

A) Schall v. Martin B) Breed v. Jones C) In re Gault D) In re Winship Answer: A Page Ref: 255 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Intermediate 18) For which process do states use terms such as certification, remand, or bind over?

A) juvenile detention B) statutory exclusions C) waiver to adult courts D) age of original jurisdiction Answer: C Page Ref: 240 Objective: Describe the development of the juvenile justice system, the concept of 241

parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic 19) What is the average age of arrested juvenile gang members?

A) 10-12 B) 15-16 C) 21-22 D) 17-18 Answer: D Page Ref: 257 Objective: Summarize issues in juvenile corrections, including the challenges associated with juvenile gangs.

Level: Basic 20) Which of the following refers to an informal handling of a juvenile justice case, in which the delinquent juvenile admits to wrongdoing and agrees to specific conditions of behavior; sometimes called informal probation?

A) juvenile detention B) status offense C) superpredator D) consent decree Answer: D Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 8.2 True/False Questions 1) The FBI collects both juvenile and adult crime data in the annual Uniform Crime Reports.

Answer: TRUE Page Ref: 235 Objective: Summarize the problem of and trends in juvenile crime.

Level: Basic 2) In the Juvenile Justice and Delinquency Prevention Act of 1974, Congress required assessments of the juvenile justice system to identify youth who were helped, rather than victimized, by placement in juvenile facilities.

Answer: FALSE Page Ref: 239 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Intermediate

242

3) The goals and philosophies of the juvenile justice system are nearly identical to those of the criminal justice system.

Answer: FALSE Page Ref: 243 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 4) The juvenile justice process usually begins with a complaint to the police and a contact between a law enforcement officer and the juvenile.

Answer: TRUE Page Ref: 243 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 5) The juvenile justice system does not have intermediate sanctions between probation and incarceration.

Answer: FALSE Page Ref: 248 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Intermediate 6) Education is a predominant feature in juvenile residential facilities.

Answer: TRUE Page Ref: 250 Objective: Describe juvenile residential facilities and the treatment programs in them.

Level: Basic 7) The placement of juvenile delinquents in a residential facility is the first and most common outcome.

Answer: FALSE Page Ref: 250 Objective: Describe juvenile residential facilities and the treatment programs in them.

Level: Basic 8) The U.S. Supreme Court still allows the execution of juvenile offenders who have committed very serious crimes.

Answer: FALSE Page Ref: 255 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Intermediate

243

9) There is currently little difference between the procedural due process requirements of the juvenile and adult justice systems.

Answer: TRUE Page Ref: 256 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Basic 10) Criminologists have consistently found that, when compared to youth who do not belong to gangs, gang members are far more involved in delinquency, especially serious and violent delinquency.

Answer: TRUE Page Ref: 257 Objective: Summarize issues in juvenile corrections, including the challenges associated with juvenile gangs.

Level: Intermediate 11) Neither rehabilitation nor juvenile accountability alone has been effective in dealing with juvenile drug crime.

Answer: TRUE Page Ref: 259 Objective: Summarize issues in juvenile corrections, including the challenges associated with juvenile gangs.

Level: Intermediate 12) In the juvenile justice system, the term that connotes "committed the act" is responsible, whereas in the adult justice system it is guilty.

Answer: TRUE Page Ref: 249 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 13) Gangs have no defined organizational structure.

Answer: FALSE Page Ref: 257 Objective: Summarize issues in juvenile corrections, including the challenges associated with juvenile gangs.

Level: Basic 14) The juvenile justice system was widely in place elsewhere when Illinois passed the Juvenile Court Act. Answer: FALSE Page Ref: 238 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

244

Level: Basic 15) The balanced and restorative justice (BARJ) perspective emphasizes collaborative efforts by all parties within the juvenile justice system.

Answer: TRUE Page Ref: 259-260 Objective: Summarize issues in juvenile corrections, including the challenges associated with juvenile gangs.

Level: Intermediate 8.3 Fill in the Blank Questions 1) A(n) ________ offense is an activity that is considered a crime only because the offender is under age 18 and would not be considered a crime if committed by an adult.

Answer: status Page Ref: 236 Objective: Summarize the problem of and trends in juvenile crime.

Level: Basic 2) ________ exclusions are exceptions that can place a youth under the original jurisdiction of the adult criminal court.

Answer: Statutory Page Ref: 242 Objective: Summarize the categories of juvenile offenders.

Level: Basic 3) The system that handles juvenile delinquents is the juvenile ________ system.

Answer: justice Page Ref: 238 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic 4) The doctrine of ________ patriae is the basis for the juvenile court and correctional systems to take responsibility for educating and nurturing delinquents.

Answer: parens Page Ref: 238 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Intermediate 5) A move to make the juvenile justice system look and operate more like an adult correctional system is known as ________.

Answer: adultification Page Ref: 239 Objective: Describe the development of the juvenile justice system, the concept of 245

parens patriae, and how juveniles may be transferred to adult courts.

Level: Basic 6) The direct assignment of specific offenses committed by juveniles to be handled in the adult courts is also known as ________ waiver.

Answer: mandatory Page Ref: 240 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Intermediate 7) ________ waivers allow juvenile courts to decide on a case-by-case basis whether the court will waive the processing of the juvenile to adult court.

Answer: Discretionary Page Ref: 240 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Intermediate 8) The upper or oldest age at which a juvenile court has jurisdiction over categories of offenders is known as age of ________ jurisdiction.

Answer: original Page Ref: 242 Objective: Summarize the categories of juvenile offenders.

Level: Basic 9) A youth who is under the original jurisdiction of both the juvenile and criminal courts is under ________ jurisdiction.

Answer: concurrent Page Ref: 242 Objective: Summarize the categories of juvenile offenders.

Level: Basic 10) The temporary care of children in physically restricted facilities pending court disposition or transfer to another jurisdiction or agency is known as juvenile ________.

Answer: detention Page Ref: 246 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 11) A consent ________ is sometimes referred to as informal probation.

Answer: decree Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

246

Level: Basic

247

12) A(n) ________ is similar to the sentence for an adult.

Answer: order Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 13) A statement of the delinquent acts a juvenile is alleged to have committed is known as a delinquency ________.

Answer: petition Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 14) ________ is the supervision of a juvenile in the community after he or she has served time in a juvenile correctional institution.

Answer: Aftercare Page Ref: 248 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 15) Juvenile social ________ workers are staff who work in juvenile correctional institutions, filling a dual role of case managers and correctional officers in adult prisons.

Answer: service Page Ref: 248-249 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Intermediate

248

8.4 Matching Questions Match the event with the appropriate step in the juvenile justice process.

A) Sanction for the juvenile B) Juvenile admits to wrongdoing C) Find a juvenile guilty D) Determination if a case should be dismissed or referred to court 1) Intake Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 2) Consent decree Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 3) Adjudicate Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic 4) Order Page Ref: 247 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Basic Answers: 1) D 2) B 3) C 4) A

249

8.5 Essay Questions 1) Discuss the three categories of offenders recognized by the juvenile justice system.

Answer: • Dependent children have committed no legal offense but may be without a family (parent or guardian) or without support, possibly because the parent is physically or mentally unable to act in that capacity.

• Neglected children have a family or guardian but are not receiving proper care, or the situation in the home is harmful to them and their upbringing.

• Delinquent children have committed an act that would be considered criminal if committed by an adult. In many jurisdictions, a fourth category is status offenders, children who have committed acts that are law violations only if committed by a person of juvenile status.

Page Ref: 240 Objective: Summarize the categories of juvenile offenders.

Level: Basic 2) Explain how In Re Gault affected the treatment of juvenile offenders.

Answer: The Court rejected the doctrine of parens patriae as giving the juvenile court unbridled discretion and required that, in hearings in which juveniles may be committed to an institution, they must have the right to counsel, to notice of the charges against them, to question witnesses, and to protection against self-incrimination.

Page Ref: 254 Objective: Identify and specify the result of key federal court cases affecting the rights of juvenile offenders.

Level: Basic 8.6 Critical Thinking Questions 1) The original purpose of the juvenile justice system was to rehabilitate young people and avoid stigma of criminality. How are we currently deterring this goal?

Answer: Answer should include information on adultification of juvenile system, superpredator and waiver to adult court.

Page Ref: 239 Objective: Describe the development of the juvenile justice system, the concept of parens patriae, and how juveniles may be transferred to adult courts.

Level: Intermediate 2) Propose a potential program that could divert status offenders out of the juvenile justice system and back into the community.

Answer: Answer could include discussion of programs aimed at truants, runaways, and curfew violators, or mentors for at-risk children.

Page Ref: 248 Objective: Outline the steps in the juvenile justice process and compare them with similar steps in the adult justice process.

Level: Intermediate Corrections: An Introduction, 6e (Seiter) 250

Chapter 9 Special Offenders 9.1 Multiple Choice Questions 1) For which of the following types of offenders has the BOP developed supermax prisons?

A) violent offenders B) juvenile offenders C) sex offenders D) aging offenders Answer: A Page Ref: 282 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic 2) Which of the following is one of the three variations of the legal process of transferring juvenile offenders to adult court?

A) civil commitment B) containment C) statutory exclusion D) plea bargain Answer: C Page Ref: 266 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 3) Which of the following is a form of incarceration in which juveniles handled by adult courts are placed in adult prisons with no separate housing or differentiation in programming or job assignments?

A) straight adult incarceration B) graduated incarceration C) juvenile incarceration D) segregated incarceration Answer: A Page Ref: 267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic

251

4) What dual problem do mentally ill inmates represent in jails and prisons?

A) clothing and visitation B) control and treatment C) programs and parole D) housing and feeding Answer: B Page Ref: 273 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 5) What are mentally ill inmates more likely to have than other inmates?

A) infectious diseases B) disciplinary problems C) general health issues D) visitors Answer: B Page Ref: 274 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 6) Compared to other offenders, what are mentally ill inmates more likely to do?

A) use illicit drugs B) recidivate C) rehabilitate D) discontinue medication Answer: B Page Ref: 274 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 7) Which of the following provide for the management and secure control of inmates designated as violent or seriously disruptive in other prisons?

A) private prisons B) mental institutions C) punishment cells D) supermax prisons Answer: D Page Ref: 282 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic

252

8) The triangle of supervision used in the containment model to manage sex offenders includes ________.

A) treatment to teach sex offenders to develop internal control over deviant thoughts B) castration of those convicted of pedophilia C) increasing public awareness and providing the public with accurate information about sex offenders D) mandatory drug treatment to reduce the sex drive Answer: A Page Ref: 288 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 9) Which was the first supermax prison in the United States?

A) Pelican Bay B) Leavenworth C) Alcatraz D) USP Marion Answer: C Page Ref: 282 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic 10) What is the dominant feature of the supermax prison?

A) drug and alcohol abuse programs B) work programs C) security D) rehabilitative programs Answer: C Page Ref: 285 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic 11) Why do some states use supermax prisons for inmates who have not committed a violent act in prison?

A) to control overcrowding in regular prisons B) to better control mentally ill inmates C) to protect elderly and juvenile inmates D) to reduce gang activity Answer: D Page Ref: 286 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic

253

12) What is one of the functions that supermax prisons serve in regard to prison violence?

A) the control of very violent inmates B) the discouraging of violence in regular society C) the control of violence specifically among drug offenders D) the punishment of even marginally violent inmates Answer: A Page Ref: 286 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic 13) Which of the following is included in the "comprehensive approach" toward sex offenders?

A) victim centeredness B) castration C) incarceration D) polygraph examinations Answer: A Page Ref: 289 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 14) Who are the primary victims of sexual assaults?

A) the mentally ill B) females C) juveniles D) the elderly Answer: B Page Ref: 289 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 15) In order to protect the public, state legislatures have been passing laws defining a new type of mental disorder that allows diagnosis of sex offenders as ________.

A) serial predators B) sexually violent predators C) schizophrenic D) mentally ill Answer: B Page Ref: 290 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic

254

16) Which of the following is the first U.S. Supreme Court case to support the civil commitment of sexually violent predators as long as specific requirements were followed?

A) Selling v. Young B) Kansas v. Crane C) Selling v. Hendricks D) Kansas v. Hendricks Answer: D Page Ref: 291 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 17) For the purpose of treating a sex offender, how long can a state commit an offender to an institution?

A) six months B) two years C) indefinitely D) three months Answer: C Page Ref: 290 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 18) When treating a sex offender under civil commitment, which of the following is expected?

A) Other facility residents can be a mix of civil commitments and criminals.

B) Treatment need not be geared toward release of the resident.

C) Confinement is in a nonpunitive setting.

D) Comprehensive treatment programs are not essential.

Answer: C Page Ref: 291 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 19) Which condition has declined over the past few years, from 2.3 percent of the prison population in 1995 to 1.3 percent in 2015?

A) drug abuse B) HIV/AIDS C) Hepatitis C D) tuberculosis Answer: B Page Ref: 294 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic

255

20) The state and federal prison systems screen inmates for tuberculosis ________.

A) in the event of the inmate's showing symptoms of the disease B) after a year into incarceration C) at the time of the individual's admission to the prison D) every month at regular intervals Answer: C Page Ref: 296 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic 21) Which of the following diseases is most commonly spread through the bloodstream as a result of drug users sharing needles?

A) AIDS B) tuberculosis C) pneumonia D) Hepatitis C Answer: D Page Ref: 297 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic 22) What is the most commonly detected drug for individuals who are booked into jail and test positive for drugs?

A) heroin B) methamphetamine C) cocaine D) marijuana Answer: D Page Ref: 268 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 23) Approximately what percent of state prisoners who met the criteria for drug dependence or abuse received some type of drug treatment while in prison?

A) 6% B) 18% C) 29% D) 77% Answer: C Page Ref: 270 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 256

24) What is the most critical, expensive, and difficult issue related to the aging prisoner population?

A) increased health care needs of elderly inmates B) building housing units for elderly inmates C) the movement of elderly inmates around the prison D) violence against elderly inmates Answer: A Page Ref: 277 Objective: Summarize the issues and needs regarding aging offenders and transgender inmates.

Level: Basic 25) ________ inmates are one of the most vulnerable populations in a correctional facility, and are likely to be marginalized if the many issues around their management are not identified and dealt with proactively A) Drug abusing B) Elderly C) Transgender D) Violent Answer: C Page Ref: 279 Objective: Summarize the issues and needs regarding aging offenders and transgender inmates.

Level: Basic 9.2 True/False Questions 1) The legal process for transferring juveniles to the adult court system varies from state to state, primarily focusing on who has the discretion to make the transfer or waiver decision.

Answer: TRUE Page Ref: 266 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 2) Correctional officials encourage the housing of juvenile offenders in prisons with older adult felons.

Answer: FALSE Page Ref: 267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 3) Not all drug offenders are drug addicts, or even drug users.

Answer: TRUE Page Ref: 269 257

Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic

258

4) According to U.S. government statistics, illegal drug use has been in general decline between 1979 and 2015.

Answer: FALSE Page Ref: 269 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 5) Drug abuse programs are not particularly important in prisons.

Answer: FALSE Page Ref: 269 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 6) It is important to provide drug treatment to offenders on probation.

Answer: TRUE Page Ref: 271 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 7) All drug treatment programs are effective with all types of abusers.

Answer: FALSE Page Ref: 270-272 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 8) Antipsychotic drugs provided a humane alternative to the deleterious placement of patients in the old state mental hospitals, where patients often had little to do and received minimal treatment.

Answer: TRUE Page Ref: 272 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 9) Mentally ill offenders are more likely to recidivate than other offenders.

Answer: TRUE Page Ref: 274 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic

259

10) Mentally ill offenders are generally deterred by typical punishment.

Answer: FALSE Page Ref: 275 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 11) Prisons are designed and operational processes created specifically to hold young and physically active inmates.

Answer: TRUE Page Ref: 277 Objective: Summarize the issues and needs regarding aging offenders and transgender inmates.

Level: Basic 12) A small percentage of inmates are truly violent and predatory and continue violent acts while in prison.

Answer: TRUE Page Ref: 282 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic 13) Offenders convicted of rape and sexual assaults have lower recidivism rates than other violent offenders.

Answer: TRUE Page Ref: 289 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 14) States have practiced the civil commitment of sexually violent predators to mental institutions since the early 1900s.

Answer: FALSE Page Ref: 290 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 15) Civil commitment statutes are designed to keep sexual predators in the community after they have completed their maximum criminal sentence.

Answer: FALSE Page Ref: 290-291 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic

260

16) Since there is usually little likelihood of individuals contracting HIV/AIDS through casual or chance contact, the disease is not a serious concern for correctional agencies.

Answer: FALSE Page Ref: 293 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic 17) HIV/AIDS is not distributed evenly throughout the prison population.

Answer: TRUE Page Ref: 294 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic 18) All state and federal prison systems screen inmates for tuberculosis at intake.

Answer: TRUE Page Ref: 296 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic 9.3 Fill in the Blank Questions 1) ________ offenders are those whose circumstances, conditions, or behaviors require management or treatment outside the normal approach to supervision.

Answer: Special Page Ref: 265 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 2) ________ sentencing is a middle ground between juvenile and adult sentences that allows judges to choose from a broad array of both juvenile and adult sanctions.

Answer: Blended Page Ref: 266 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 3) A form of incarceration in which juveniles handled by adult courts are placed in adult prisons without separate housing or differentiation in programming or job assignments is called ________ adult incarceration.

Answer: straight Page Ref: 267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic

261

4) ________ incarceration is a system in which juveniles handled by adult courts are placed in juvenile facilities until they reach age eighteen, and then are transferred to an adult prison to complete the sentence.

Answer: Graduated Page Ref: 267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 5) In ________ incarceration, juveniles handled by adult courts are assigned to an adult prison, yet are housed separately and placed in special programs that match their age level and needs.

Answer: segregated Page Ref: 267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 6) The gathering of data within forty-eight hours of arrest from individuals regarding their substance abuse is called ________ drug abuse monitoring.

Answer: arrestee Page Ref: 268 Objective: Summarize the issues regarding drug offenders, and identify the types of substance abuse programs prisons provide for inmates.

Level: Basic 7) ________ drugs are given to mentally ill individuals to counteract the symptoms of their mental illness, allowing them to live successfully in the community.

Answer: Antipsychotic Page Ref: 272 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 8) ________ psychologists do all the things associated with clinical psychology, only they do them in a correctional setting.

Answer: Correctional Page Ref: 276 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Basic 9) ________ prisons are freestanding prisons or distinct units within other prisons that manage and securely control inmates who have been designated as violent or seriously disruptive in other prisons.

Answer: Supermax Page Ref: 282 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons 262

for and against the use of supermax prisons.

Level: Basic 10) The 1985 federal court decision in the case of Bruscino v. Carlson set forth that the ________ of inmates at the U.S. Penitentiary in Marion, Illinois, did not violate the Constitution.

Answer: lockdown Page Ref: 283 Objective: Explain the concerns about inmate violence in prisons, and suggest reasons for and against the use of supermax prisons.

Level: Basic 11) ________ offenders are those who have committed a legally prohibited sexual act or any crime that is statutorily defined as sexually motivated.

Answer: Sex Page Ref: 287 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 12) Someone who is sexually attracted to and molests children is a(n) ________.

Answer: pedophile Page Ref: 287 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 13) The ________ model is an approach to managing sex offenders that includes treatment to develop internal control over deviant thoughts, supervision and surveillance to control external behaviors, and polygraph exams to monitor conformance.

Answer: containment Page Ref: 288 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Basic 14) Human ________ virus attacks the body's immune system, increasing the chance of infection and other disease.

Answer: immunodeficiency Page Ref: 293 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic 15) ________ is carried in the dried residue of drops left from sneezes, coughs, laughing, or spitting.

Answer: Tuberculosis Page Ref: 295-296 Objective: Identify types of infectious diseases common with criminal offenders and the 263

issues facing them while under correctional supervision.

Level: Basic

264

16) ________ C is the most common blood-borne illness in the United States and is a serious problem among criminal offenders.

Answer: Hepatitis Page Ref: 297 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Basic

265

9.4 Matching Questions Match the description of the sentence with the appropriate term.

A) A middle ground between juvenile and adult sentences that allows judges to choose from a broad array of both juvenile and adult sanctions B) A form of incarceration in which juveniles handled by adult courts are assigned to an adult prison, yet they are housed separately and placed in specialized educational, vocational, life skills training, and substance abuse programs that meet their age and needs C) A system in which juveniles handled by adult courts are placed in juvenile facilities until they reach the age of eighteen; they are then transferred to an adult prison to complete the sentence D) A form of incarceration in which juveniles handled by adult courts are placed in adult prisons with no separate housing or differentiation in programming or job assignments 1) Blended sentence Page Ref: 266-267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 2) Straight adult incarceration Page Ref: 266-267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 3) Graduated incarceration Page Ref: 266-267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic 4) Segregated incarceration Page Ref: 266-267 Objective: Summarize the issues regarding juvenile offenders in adult criminal courts.

Level: Basic Answers: 1) A 2) D 3) C 4) B

266

9.5 Essay Questions 1) Explain why the American prison population is getting older.

Answer: The general American population is getting older. Secondly, sentencing policies, like mandatory minimums, are causing individuals to be incarcerated longer and for older individuals to be incarcerated.

Page Ref: 276-277 Objective: Summarize the issues and needs regarding aging offenders and transgender inmates.

Level: Basic 2) Discuss the type and prevalence of treatment for mentally ill prisoners.

Answer: Treatment for the mentally ill in prisons generally falls into three categories: (1) screening inmates at intake for mental health conditions, (2) therapy or counseling, and (3) psychotropic medications. Students should also include data from Table 9.3.

Page Ref: 272-273 Objective: Describe the impact of the deinstitutionalization of the mentally ill on the criminal justice system.

Level: Intermediate 9.6 Critical Thinking Questions 1) Why are punitive measures ineffective in preventing recidivism of sex offenders?

Answer: Answer should include information regarding how sex offending is related to psychological disturbances, and those mental issues must be addressed. The containment model is designed to use a "triangle" of supervision: "treatment to teach sex offenders to develop internal control over deviant thoughts; supervision and surveillance to control offenders' external behaviors; and polygraph examinations to help design, and to monitor conformance to, treatment plans and supervision conditions."

Page Ref: 288-290 Objective: Describe the types of sex offenders and summarize issues regarding them.

Level: Intermediate 2) Explain how infectious diseases are a prominent issue in the corrections system.

Answer: Could include discussion of the prevalence of HIV/AIDS, TB, and Hepatitis C in prisons. These are spread in multiple ways, including exchange of fluid, unprotected sex, and tattooing. However, not all are transmitted during incarceration.

Page Ref: 293-297 Objective: Identify types of infectious diseases common with criminal offenders and the issues facing them while under correctional supervision.

Level: Intermediate

267

Corrections: An Introduction, 6e (Seiter) Chapter 10 The Management of Prisons 10.1 Multiple Choice Questions 1) What is the central organization that oversees state and federal prisons often called?

A) the capitol B) the headquarters C) the home office D) the rehabilitation center Answer: B Page Ref: 302 Objective: Outline the organizational structure of prisons.

Level: Basic 2) Which of the following is TRUE of the Adult Internal Management System?

A) It is the most widely used internal classification system.

B) It was developed by Sanford Bates.

C) It classifies inmates solely on likelihood of victimization in prison.

D) It ensures that inmates are assigned housing based on clinical judgments.

Answer: A Page Ref: 319 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Intermediate 3) Which of the following is a type of issue dealt with by correctional agency legal offices?

A) prosecuting inmates who commit crimes while in prison B) firing of correctional staff who violate rules C) reviewing policy for potential effectiveness D) responding to inmate lawsuits Answer: D Page Ref: 304 Objective: Outline the organizational structure of prisons.

Level: Intermediate 4) Which administrative function is a typical responsibility of the central organization of a correctional agency?

A) operation of training academy B) labor contract negotiation C) budget development D) hiring staff Answer: C Page Ref: 305 Objective: Outline the organizational structure of prisons.

268

Level: Basic 5) Administrators of state correctional agencies are responsible for which of the following?

A) providing punitive punishments to inmates B) overseeing the operation of prisons C) creating a community-wide supported agenda D) publishing standards for correctional practices Answer: B Page Ref: 305 Objective: Outline the organizational structure of prisons.

Level: Basic 6) For states that still use indeterminate sentence and parole for release decisions, where are the parole board and post-release supervision usually located?

A) in the department of corrections B) in the governor's office C) in the local sheriff's departments D) in the division of business administration Answer: A Page Ref: 306 Objective: Outline the organizational structure of prisons.

Level: Basic 7) What is the chief executive officer of a prison usually called?

A) chief B) captain C) warden D) director Answer: C Page Ref: 310 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 8) What is the custody and security component within a prison often called?

A) correctional services B) treatment C) correctional administration D) unit management Answer: A Page Ref: 310 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic

269

9) What are correctional services departments sometimes called?

A) uniformed staff B) unit management C) treatment D) custody Answer: A Page Ref: 310 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 10) What is the title of the highest ranking uniformed officer?

A) sergeant B) lieutenant C) major D) captain Answer: C Page Ref: 311 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 11) Who is responsible for an area of the prison, such as recreation or the SHU? A) non-ranked staff B) majors C) captains D) lieutenants Answer: D Page Ref: 311 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 12) What are staff that provide rehabilitative activities sometimes called?

A) sergeants B) uniformed staff C) psychologists D) professional staff Answer: D Page Ref: 311 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic

270

13) Which of the following reports to the unit manager?

A) legal aides B) the warden C) education advisors D) parole officers Answer: C Page Ref: 315 Objective: Define unit management and describe the role it plays in the management of a prison.

Level: Basic 14) Which of the following is a condition necessary for prison policies and procedures to effectively contribute to the overall prison mission?

A) Policies must be consistent with standards of the American Bar Association.

B) Policies must control behavior (over the long term) through threats, intimidation, and physical dominance.

C) Policies and procedures must be clearly communicated to staff and inmates.

D) Policies implemented inconsistently across parts of the prison.

Answer: C Page Ref: 316 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Intermediate 15) What is the largest professional organization for corrections in the United States?

A) Correctional Peace Officers Foundation B) American Jail Association C) National Correctional Industries Association D) American Correctional Association Answer: D Page Ref: 316 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 16) What is the process to promote and recognize improvement in the management of correctional agencies through the administration of voluntary standards?

A) policy implementation audit B) prison accreditation C) policy audit D) ACA accreditation Answer: D Page Ref: 317 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 271

272

17) Which of the following is a part of the usual inmate disciplinary system?

A) a verbal policy documenting prohibited behavior B) provisions for long-term separation for inmates who continuously threaten institutional security C) a fair and equitable set of corresponding sanctions decreasing with the severity of the rule violation D) a way to rehabilitate inmates accused of rule violations Answer: B Page Ref: 323 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 18) Which of the following types of sanction used for inmate discipline by most correctional systems is the least severe?

A) warning B) restriction to quarters C) disciplinary transfer D) loss of privileges Answer: A Page Ref: 324-325 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 19) The Bureau of Prisons policy lists four categories of prohibited acts, which of the following is one of them?

A) supermax B) greatest C) minimal D) low Answer: B Page Ref: 323 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic

273

20) What kind of application process is used to determine whether correctional job candidates have issues that could put them in a compromising situation or make them more likely to accept a bribe?

A) policy audit B) integrity interview C) general interview D) internal classification system Answer: B Page Ref: 328 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Intermediate 10.2 True/False Questions 1) Most states do not have a unionized correctional work force.

Answer: FALSE Page Ref: 306 Objective: Outline the organizational structure of prisons.

Level: Basic 2) In all states, jail standards are left up to local jurisdictions.

Answer: FALSE Page Ref: 306 Objective: Outline the organizational structure of prisons.

Level: Basic 3) Neither the mission nor the organizational structure of prisons has changed much over the past 50 years.

Answer: FALSE Page Ref: 310 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Intermediate 4) All prisons provide mental health programs.

Answer: TRUE Page Ref: 312 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 5) Most states have decided against implementing unit management.

Answer: FALSE Page Ref: 313 Objective: Define unit management and describe the role it plays in the management of a 274

prison.

Level: Basic 6) Unit management enhances staff and inmate communication.

Answer: TRUE Page Ref: 313 Objective: Define unit management and describe the role it plays in the management of a prison.

Level: Basic 7) Inmates stay at the prison to which they were originally assigned throughout their entire term of incarceration.

Answer: FALSE Page Ref: 321 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 8) Both overclassifying and underclassifying inmates can cause problems, because housing high-security inmates in a low- or minimum-security facility increases the potential for escape or violence.

Answer: TRUE Page Ref: 321 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Intermediate 9) For disciplinary processes, the inmate appeal cannot dispute a finding of fact, but is limited to procedural and due process rights.

Answer: TRUE Page Ref: 325 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Intermediate 10) Most state correctional agencies have a history of collective bargaining that goes back to the late 1800s.

Answer: FALSE Page Ref: 330 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Basic

275

11) Integrity interviews are used to determine whether candidates for correctional employment have issues such as financial problems, past employment problems, current drug or alcohol abuse, or other conditions that could put them in a compromising situation or make them more likely to accept a bribe to show favored treatment to an inmate.

Answer: TRUE Page Ref: 328 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Intermediate 12) ACA accreditation is a review to identify whether the procedures prescribed by policy are consistently being carried out by staff members in their daily duties.

Answer: FALSE Page Ref: 317 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 13) Good oral and written interpersonal skills are necessary for a successful career as a correctional worker.

Answer: TRUE Page Ref: 328 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Basic 14) Internal classification systems are instruments used to assign inmates to housing or programs after they are placed in a particular prison.

Answer: TRUE Page Ref: 319 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 15) There have never been any illegal strikes by correctional officers.

Answer: FALSE Page Ref: 331 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Basic

276

10.3 Fill in the Blank Questions 1) The chief executive of a state or federal department of corrections is called a(n) ________.

Answer: director Page Ref: 303 Objective: Outline the organizational structure of prisons.

Level: Basic 2) A(n) ________ is a person in a department of corrections who investigates allegations by inmates against staff.

Answer: inspector Page Ref: 304 Objective: Outline the organizational structure of prisons.

Level: Basic 3) The functions within a prison that come under security, including all uniformed employees, are called ________.

Answer: custody Page Ref: 309 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 4) The rehabilitative functions in a prison, including counseling, religious services, substance abuse programs, and education are called ________.

Answer: treatment Page Ref: 309 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 5) ________ are the functions required to operate a prison, such as budget and finance, human resources, and work programs.

Answer: Services Page Ref: 309 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 6) ________ management is organizing a prison into smaller components by decentralizing the authority to manage the inmate population, while making staff more accessible to inmates.

Answer: Unit Page Ref: 313 Objective: Define unit management and describe the role it plays in the management of a 277

prison.

Level: Basic

278

7) A(n) ________ interview is used to determine if candidates for a correctional career have issues or conditions that could put them in a compromising situation.

Answer: integrity Page Ref: 328 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Basic 8) The ________ manager is responsible for developing the program of work and rehabilitation for inmates.

Answer: case Page Ref: 315 Objective: Define unit management and describe the role it plays in the management of a prison.

Level: Basic 9) Former correctional officers who work with inmates on prison issues, such as getting a prison job assignment, are ________ counselors.

Answer: correctional Page Ref: 315 Objective: Define unit management and describe the role it plays in the management of a prison.

Level: Basic 10) A(n) ________ audit is a review to determine whether broad agency policy is in place at a prison.

Answer: policy Page Ref: 317 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 11) The American ________ Association is the largest professional organization for corrections in the United States.

Answer: Correctional Page Ref: 316 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 12) Instruments used to assign inmates to housing or programs after they are placed in a particular prison are internal ________ systems.

Answer: classification Page Ref: 319 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

279

Level: Basic

280

13) The process required to find that an inmate committed a prohibited act is the inmate ________ system.

Answer: disciplinary Page Ref: 321 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 14) An informal process for inmates to appeal a disciplinary sanction or to seek remedy of any injustice they feel they have received from correctional officials is called the ________ appeals process.

Answer: administrative Page Ref: 325 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Basic 15) ________ bargaining is the formal recognition of employee organizations and their right to negotiate with management regarding workplace issues.

Answer: Collective Page Ref: 330 Objective: Suggest ways the staff of a correctional agency can help or hinder a prison accomplishing its mission.

Level: Basic

281

10.4 Matching Questions Match the job duty with the appropriate category of prison staff.

A) Treatment B) Services C) Custody 1) Counseling Page Ref: 309 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 2) Correctional supervisor Page Ref: 309 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic 3) Commissary Page Ref: 309 Objective: Describe the various jobs and functions of prison staff, and the functions of custody, treatment, and services in prison.

Level: Basic Answers: 1) A 2) C 3) B 10.5 Essay Questions 1) What are some benefits of unit management in prisons?

Answer: Unit management increases staff-inmate communication, which allows staff to better meet the individual needs of the inmates. In addition, security improves based on the decentralization of the supervision.

Page Ref: 313-314 Objective: Define unit management and describe the role it plays in the management of a prison.

Level: Basic 2) Discuss the various staff roles seen in unit management.

Answer: A unit manager is a person in charge of a unit. Case managers are social workers who are in charge of the treatment and rehab for inmates. Correctional counselors work with the inmates regarding daily issues they encounter.

Page Ref: 315 Objective: Define unit management and describe the role it plays in the management of a prison.

282

Level: Basic

283

10.6 Critical Thinking Questions 1) The classification process for inmates is not a one-time occurrence, but instead can occur multiple times during an inmate's stay. Why is this beneficial to the inmate?

Answer: Answer should include information regarding how inmates who improve their behavior and participate in programs can obtain more privileges and be moved to lower security facilities. In addition, the needs of an offender can change, which can affect their classification for more intensive treatments.

Page Ref: 321 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Intermediate 2) Explain how the inmate disciplinary process imitates due process used by our court system.

Answer: Answer should include discussion of how inmates are entitled to accusation of crime, investigation, a hearing to determine guilt, and then a sanctioning (much like our court process).

Page Ref: 321-325 Objective: Describe methods for controlling inmate behavior, including classification of inmates and use of a disciplinary system.

Level: Intermediate

284

Corrections: An Introduction, 6e (Seiter) Chapter 11 Prison Life for Inmates 11.1 Multiple Choice Questions 1) How do most male inmates adjust to incarceration?

A) by seeking support from their families outside the prison B) by isolating themselves and trying to do their time independently C) by forming close relationships with other inmates D) by joining the prison gangs and furthering their cause Answer: B Page Ref: 336 Objective: Describe the activities within correctional institutions that Goffman suggested make it more difficult for prisoners to successfully return to and adapt to community living.

Level: Intermediate 2) Which of the following is a characteristic of Goffman's total institution that results in isolation and inability to act for oneself?

A) Prison inmates learn the behaviors of being in prison, which leads to increased identification with criminal lifestyles.

B) Staff members supervise all spheres of daily life, including eating, working, and sleeping.

C) Staff and inmates can easily develop a hostile attitude toward each other.

D) Prison inmates construct a culture with unique values, roles, and customs.

Answer: B Page Ref: 337 Objective: Describe the activities within correctional institutions that Goffman suggested make it more difficult for prisoners to successfully return to and adapt to community living.

Level: Intermediate 3) What do prisons do through the use of rewards and punishments to bring inmates to a law-abiding lifestyle?

A) retrain B) punish C) rehabilitate D) resocialize Answer: D Page Ref: 337 Objective: Describe the activities within correctional institutions that Goffman suggested make it more difficult for prisoners to successfully return to and adapt to community living.

Level: Intermediate

285

4) Which of the following accurately describes square johns?

A) Square johns are long-term inmates who become used to the prison society.

B) Square johns are ex-inmates who have adopted a career of crime.

C) Square johns are repeat offenders who have been arrested for soliciting prostitutes.

D) Square johns are first-time offenders in prison who have more identification with noncriminals.

Answer: D Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 5) Which of the following is an element of the inmate code as identified by Sykes and Irwin and Cressey?

A) Trust the guards.

B) Settle conflict through mediation.

C) Do your own time.

D) Respect the square johns.

Answer: C Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 6) Which of the following is a theory of how inmate culture becomes a part of prison life?

A) Inmates import the culture into the prison from the outside world.

B) Inmates replicate the culture introduced by prison staff.

C) Inmates establish the culture described in each prison's bylaws.

D) Inmate culture is determined by the slang used in the prison.

Answer: A Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Intermediate 7) Which of the following is a reason for what many see as the recent demise of inmate code?

A) Many young, impulsive inmates only respect intimidation.

B) There is a greater reliance on probation than on prison.

C) Prisons are more geographically isolated than they were in the past.

D) There are more convicts in prison now than in the past.

Answer: A Page Ref: 339-340 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

286

Level: Intermediate

287

8) Which category of violent inmate is predatory, calculating, and usually acts violently for no good reason?

A) special-needs offenders B) young offenders C) antisocial offenders D) psychopathic offenders Answer: D Page Ref: 342-343 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 9) Which of the following is most TRUE of gang members in prisons?

A) They are more likely to have a substance abuse problem.

B) They participate extensively in many prison programs.

C) They have little history of crime compared to nongang members.

D) They are in no way associated with street gangs.

Answer: A Page Ref: 344 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 10) Which prison gang is also known as the Texas Mexican Mafia?

A) La Nuestra Familia B) Black Guerilla Family C) Mexikanemi D) Mexican Mafia Answer: C Page Ref: 346 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate

288

11) Which of the following is a measure to control prison gangs?

A) observing inmates' routine to identify association with gang members B) moving gang members from maximum-security prisons to medium-security prisons C) facilitating inmates' access to money to control the prison's underground economy D) placing the most violence-prone gang members amidst first-time offenders Answer: A Page Ref: 346 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate 12) Which of the following refers to gang members telling correctional officials everything they know about the gang operations and membership?

A) validation process B) inmate code C) conjugal visiting D) debrief Answer: D Page Ref: 348 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 13) Which of the following actions is recommended by the National Major Gang Task Force to monitor gang members?

A) report gang-related grouping activity once a year to the Task Force B) maintain a centralized photo and data file on significant gang members C) help gang members communicate with each other in the prison D) isolate gang members for long periods of solitary confinement Answer: B Page Ref: 347-348 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate

289

14) What is the relationship that exists when two inmates become jealous and fight over another inmate?

A) collective violence B) prisonization C) sexual triangle D) conjugal visiting Answer: C Page Ref: 349 Objective: Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. Level: Basic 15) Which of the following requires the collection of the incidence and prevalence of sexual assault within correctional facilities and development of national standards for the reduction of sexual violence in prison?

A) Prison Rape Elimination Act B) Prison Litigation Reform Act C) Institutional Abuse Reduction Act D) National Major Gang Task Force Act Answer: A Page Ref: 350 Objective: Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. Level: Intermediate 16) Which of the following is considered a good deterrent to and source of data about use of narcotics by prison inmates?

A) sexual triangles B) random drug testing C) debriefing D) pseudofamilies Answer: B Page Ref: 353 Objective: Identify the ways that illegal drugs come into prisons and evaluate the potential of various methods to limit their availability within prisons.

Level: Basic 17) Who tried to convince officials in the early 1800s that female prisoners should be separated from male prisoners and that female guards should be hired to supervise them?

A) Elizabeth Fry B) Elizabeth Cady Stanton C) Susan B. Anthony D) Jane Addams Answer: A Page Ref: 358 Objective: Outline the history of women's prisons.

290

Level: Basic 18) Which of the following steps was taken by Zebulon Brockway while introducing reforms for female prisoners?

A) getting electronic detection devices installed to reduce escape attempts B) preparing inmates for release and ensuring their successful return to society C) using male inmates as role models for the women D) placing the inmates into large groups and preparing them for release Answer: B Page Ref: 358 Objective: Outline the history of women's prisons.

Level: Intermediate 19) Which of the following refers to organizations formed by female inmates who have roles of parents and children?

A) pseudofamilies B) sexual triangles C) gang intelligence D) guerilla family Answer: A Page Ref: 360 Objective: Describe the culture in women's prisons, including the function of pseudofamilies, and compare it to the culture in men's prisons.

Level: Intermediate 20) Approximately what percentage of female inmates are mothers?

A) 22 percent B) 90 percent C) 48 percent D) 65 percent Answer: D Page Ref: 360 Objective: Describe the culture in women's prisons, including the function of pseudofamilies, and compare it to the culture in men's prisons.

Level: Basic 21) Which of the following is a measure used by prison staff to reduce the number of sexual assaults in prisons?

A) advising inmates at reception about sexual assault and the option of being separated from aggressors B) asking inmates to work out their issues by themselves C) ignoring signs of aggression and allowing potential targets to remain in the situation D) permitting conjugal visiting for male inmates who are not legally married Answer: A Page Ref: 351 Objective: Summarize issues associated with inmate sexual behavior and describe the 291

focus of the Prison Rape Elimination Act. Level: Basic 11.2 True/False Questions 1) Telling prison staff what other inmates are doing is an element of the inmate code.

Answer: FALSE Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Intermediate 2) A good explanation for the high level of violence within prisons is that prisons hold violent people who act out in violent ways.

Answer: TRUE Page Ref: 341 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 3) Prison gangs are declining in U.S. prisons.

Answer: FALSE Page Ref: 344 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 4) Many prison gangs started as an extension of street gangs.

Answer: TRUE Page Ref: 345 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate 5) The most important action that prison staff can take to control gangs is to ignore gang activity till it reaches a flashpoint.

Answer: FALSE Page Ref: 347 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate

292

6) Federal Bureau of Prisons policy requires that validated gang members (not associates or suspects) be assigned to a maximum-security prison.

Answer: TRUE Page Ref: 348 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate 7) All prisons have a rule against any type of sexual behavior between inmates.

Answer: TRUE Page Ref: 349 Objective: Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. Level: Basic 8) The Prison Rape Elimination Act requires the collection of information on the incidence and prevalence of sexual assault within correctional facilities.

Answer: TRUE Page Ref: 350 Objective: Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. Level: Basic 9) The federal prison system and forty-seven states do random drug testing of inmates for drug use.

Answer: TRUE Page Ref: 353 Objective: Identify the ways that illegal drugs come into prisons and evaluate the potential of various methods to limit their availability within prisons.

Level: Basic 10) The need for drug treatment in prisons far exceeds the provision of drug treatment programs.

Answer: TRUE Page Ref: 353 Objective: Identify the ways that illegal drugs come into prisons and evaluate the potential of various methods to limit their availability within prisons.

Level: Basic 11) There is no place for humor in prison.

Answer: FALSE Page Ref: 354 Objective: Identify the ways that illegal drugs come into prisons and evaluate the potential of various methods to limit their availability within prisons.

Level: Basic 293

294

12) Women's prisons have nothing in common with men's prisons.

Answer: FALSE Page Ref: 357 Objective: Outline the history of women's prisons.

Level: Basic 13) Women in prisons have always received vocational training in a wide variety of occupations, not just cooking, sewing, and cleaning.

Answer: FALSE Page Ref: 357 Objective: Outline the history of women's prisons.

Level: Intermediate 14) Male and female offenders have always been housed separately in the United States, even in the earliest jails.

Answer: FALSE Page Ref: 358 Objective: Outline the history of women's prisons.

Level: Intermediate 15) Using female guards to supervise female prisoners was one of the requests made by Elizabeth Fry. Answer: TRUE Page Ref: 358 Objective: Outline the history of women's prisons.

Level: Basic 16) Both male and female inmates are equally hesitant to talk to prison staff.

Answer: FALSE Page Ref: 359 Objective: Describe the culture in women's prisons, including the function of pseudofamilies, and compare it to the culture in men's prisons.

Level: Basic 11.3 Fill in the Blank Questions 1) The ________ institution is Goffman's concept of a setting isolating people from society and unnecessarily manipulating them through the actions of the administrative staff.

Answer: total Page Ref: 337 Objective: Describe the activities within correctional institutions that Goffman suggested make it more difficult for prisoners to successfully return to and adapt to community living.

Level: Intermediate

295

2) The expected rules and behaviors represented by the model prisoner that reflect the values and norms of prison society are known as the inmate ________.

Answer: code Page Ref: 338 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 3) ________ is the process whereby inmates take on the folkways, mores, customs, and general culture of the penitentiary.

Answer: Prisonization Page Ref: 338 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 4) The term ________ describes long-term inmates who become used to the prison society and find a way to live in that environment with a minimal amount of problems and disruptions.

Answer: convicts Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 5) ________ are inmates who have adopted a career of crime and are doing their prison time until they can get out and hit the "big score."

Answer: Thieves Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 6) Inmates who are usually first-time offenders and have more identification with straight society and the norms of noncriminals are ________ johns.

Answer: square Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic

296

7) ________ violence occurs between two or more individual inmates, with the reason being a personal issue between the individuals.

Answer: Interpersonal Page Ref: 342 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 8) ________ violence occurs between and is initiated by groups of inmates; it includes prison riots and disturbances.

Answer: Collective Page Ref: 342 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 9) Groups that form in prison and use the threat of violence to intimidate other inmates, control drug sales, and gain power are called prison ________.

Answer: gangs Page Ref: 344 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 10) The gang ________ process is used to confirm an individual's gang involvement level.

Answer: validation Page Ref: 347 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate 11) ________ is when a gang member informs correctional officials about gang operations and membership.

Answer: Debrief Page Ref: 348 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate

297

12) Gang ________ officers collect intelligence and advise administrators regarding strategies to manage and contain prison gang activity.

Answer: intelligence Page Ref: 349 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Basic 13) ________ visiting is sometimes referred to as "family visiting."

Answer: Conjugal Page Ref: 351 Objective: Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. Level: Basic 14) The ________-style architecture of prison design used for early women's prisons had several small housing units, including kitchens, living rooms, and sometimes nurseries.

Answer: cottage Page Ref: 358 Objective: Outline the history of women's prisons.

Level: Basic 15) Family organizations formed by female inmates who take the roles of parents and children and other relatives are called ________.

Answer: pseudofamilies Page Ref: 360 Objective: Describe the culture in women's prisons, including the function of pseudofamilies, and compare it to the culture in men's prisons.

Level: Basic

298

11.4 Matching Questions Match the definition with the appropriate prison slang term.

A) Head up B) Bad Mammy Jammy C) Juice D) On the rio E) Bricks 1) One on one fight Page Ref: 340-341 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 2) Life outside prison Page Ref: 340-341 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 3) Attractive female visitor Page Ref: 340-341 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 4) Power Page Ref: 340-341 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 5) Serious Page Ref: 340-341 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic Answers: 1) A 2) E 3) B 4) C 5) D

299

11.5 Essay Questions 1) Describe the concepts of the inmate code.

Answer: • Do your own time (don't get involved in the business of other inmates).

• Be a stand-up guy (be someone that other inmates can count on).

• Don't rat on other inmates (do not tell staff what other inmates have done or are doing— don't be a "snitch").

• Don't trust the guards (don't become overly friendly with staff, don't show them respect, and talk to them only when you have to).

• Don't exploit other inmates (don't take advantage of others or their problems or steal from them).

• Maintain dignity and respect (don't show staff a weakness and show respect to other inmates).

• Settle conflicts between inmates (don't go to staff with problems between inmates, settle it yourself).

• Respect the real "cons" (the inmates who have done a lot of time, know the system, and live the inmate code deserve respect).

Page Ref: 339 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Basic 2) Explain Clemmer's process of prisonization.

Answer: Prisonization occurs when inmates take on the values, beliefs, and culture of a prison. This can occur from bringing in values from the outside, or learning from inmates while incarcerated.

Page Ref: 338 Objective: Define the concept of prisonization and explain its impact on inmates both while serving a prison sentence and as they return to the community.

Level: Intermediate

300

11.6 Critical Thinking Questions 1) Prison gangs, or Security Threats Groups, are managed differently depending on the state. What do you feel is the best way to control gang members who are incarcerated?

Answer: Answer should include information on at least one of the following: • Transferring gang members to maximum-security prisons • Limiting inmates' access to money, which often plays a critical role in inmates' underground economy • Placing the most violence-prone gang members in special facilities • Developing gang intelligence • Recruiting informers • Observing inmates' daily routine activities to identify patterns of activities and associations of gang members Page Ref: 346-347 Objective: Describe the different types of violent acts that occur within prisons, the forces that increase the likelihood of violence, and methods prison staff use to identify and control gang behavior.

Level: Intermediate 2) Discuss the benefits of allowing conjugal visitation for an inmate.

Answer: Answer should include discussion of the possibility of reducing sexual assault between inmates, reduction of inmate violence, and increase of bonding opportunities with significant others.

Page Ref: 351-352 Objective: Summarize issues associated with inmate sexual behavior and describe the focus of the Prison Rape Elimination Act. Level: Intermediate

301

Corrections: An Introduction, 6e (Seiter) Chapter 12 The World of Prison Staff 12.1 Multiple Choice Questions 1) Which of the following is TRUE of transactional leaders in a prison?

A) They emphasize the set of values and principles to be used as guidelines in responding to issues.

B) They help staff and the organization to learn and to work through problems in an adaptive manner.

C) They provide high levels of staff empowerment to deal with everyday issues.

D) They provide answers and give direction for any issue the agency confronts.

Answer: D Page Ref: 372 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Intermediate 2) In a chain of command, to who might a correctional officer report directly?

A) chief of security B) warden C) associate warden for security D) security supervisor Answer: D Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Basic 3) In which case did the Supreme Court rule that a bona fide occupational qualification prohibiting female correctional officers was allowable because of deplorable prison conditions and the presence of predatory male sex offenders as inmates?

A) Dothard v. Rawlinson B) Mempa v. Rhay C) Morrissey v. Brewer D) Gunther v. Iowa Answer: A Page Ref: 388 Objective: Describe the unique challenges and issues faced by female correctional officers.

Level: Basic

302

4) Which is one of the activities of the bureaucratic warden?

A) management of daily activities B) coordination of the parole process C) punishing staff and inmates who break the rules D) formulation of accreditation standards Answer: A Page Ref: 371 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 5) Which of the following prison officers manages resources, acts as a role model for staff, and defines professional expectations?

A) warden B) chief of security C) prison manager D) sheriff Answer: A Page Ref: 371 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 6) Correctional officers and supervisors make up approximately what percentage of all staff in state and federal prisons?

A) 15% B) 33% C) 67% D) 85% Answer: C Page Ref: 373 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 7) Which of the following correctional officer assignments include the patrol and supervision of inmate movement in the compound of a prison?

A) relief officers B) living units officers C) industrial shop officers D) yard officers Answer: D Page Ref: 374 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Intermediate 303

8) Which activity is a housing-unit officer most likely to do first when starting day watch?

A) allow inmates to go to the dining room for lunch B) open the housing unit doors for inmates returning from work C) read the logbook of the prior shift's activities D) do a census count Answer: C Page Ref: 375 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 9) Which phenomenon have correctional agencies experienced over the past decade?

A) high officer morale B) low stress levels C) high officer turnover D) low inmate population Answer: C Page Ref: 381 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 10) According to the 2003 ACA survey, what was the most frequently cited reason for difficulty in recruiting correctional officers?

A) demanding work hours B) noncompetitive compensation C) stress and burnout D) unsuitability to the job Answer: B Page Ref: 381 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 11) Which of the following sets of experts suggested the "three-culture" model for prisons?

A) Stojkovic and Farkas B) Rawlinson and Farkas C) Stojkovic and Manning D) Farkas and Manning Answer: D Page Ref: 385 Objective: Summarize prison culture for staff.

Level: Basic 304

305

12) Which of the following is the highest-ranking uniformed staff person in a prison?

A) lieutenant B) warden C) major D) sergeant Answer: C Page Ref: 383 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic 13) Which of the following is an organizational source of stress experienced by correctional officers?

A) understaffing B) problems with coworkers C) threats of violence D) inmate manipulation Answer: A Page Ref: 376 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 14) What position is most critical to the day-to-day management of a prison?

A) psychologist B) classification specialist C) correctional officer D) substance abuse counselor Answer: C Page Ref: 379 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 15) Which officers are usually assigned to some of the most sensitive and explosive areas of the prison?

A) sergeants B) captains C) majors D) lieutenants Answer: D Page Ref: 383 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic

306

16) In which department do service staff work?

A) recreation B) health services C) religious services D) vocational training Answer: B Page Ref: 384 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic 17) Which best describes the culture of Stateville Penitentiary under Warden Joseph Ragen?

A) moderate B) autocratic C) reasoned D) empowered Answer: B Page Ref: 385 Objective: Summarize prison culture for staff.

Level: Basic 18) At what point in the staff-inmate culture continuum does staff demand compliance from inmates through threats and intimidation?

A) reasoned B) authoritarian C) empowered D) moderate Answer: B Page Ref: 386 Objective: Summarize prison culture for staff.

Level: Basic 19) Which of the following statements suggests prevalence of reasoned staff-inmate culture in a prison?

A) Staff follow policy or check with supervisors before making decisions.

B) Staff make decisions with full knowledge and consistent with prison principles and values.

C) Staff use agency incentives and disincentives for gaining compliance from inmates.

D) Staff demand compliance from inmates through threats and intimidation.

Answer: C Page Ref: 386 Objective: Summarize prison culture for staff.

Level: Basic

307

20) Which of the following is a work-related source of stress in prisons?

A) understaffing B) overtime C) shift work D) inmate demands Answer: D Page Ref: 376 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 21) In which Supreme Court case did the court determine that inmate privacy was not a valid reason to refuse hiring women as correctional officers?

A) Morrissey v. Brewer B) Mempa v. Rhay C) Dothard v. Rawlinson D) Gunther v. Iowa Answer: D Page Ref: 388 Objective: Describe the unique challenges and issues faced by female correctional officers.

Level: Basic 22) Which of the following is considered a benefit of having women as correctional officers?

A) Female officers have no personal interest in the inmates.

B) Female supervisory styles have a calming influence on the prison.

C) Female officers order inmates to do things, rather than ask.

D) Female officers' job performance is found to be better than male officers'.

Answer: B Page Ref: 389 Objective: Describe the unique challenges and issues faced by female correctional officers.

Level: Intermediate 12.2 True/False Questions 1) Most staff in prison interact extensively with other staff, to a much greater proportion than they do with other inmates.

Answer: FALSE Page Ref: 366 Objective: Describe the various jobs and functions of prison staff.

Level: Basic 2) Administrators, medical persons, and counselors make up 60 percent of prison staff.

Answer: FALSE 308

Page Ref: 382-383 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic 3) Most prisons have a military chain of command.

Answer: TRUE Page Ref: 368 Objective: Outline the organizational structure of prisons.

Level: Basic 4) In the past, wardens had many demands on them to be external managers because corrections was of great interest to elected officials, the courts, or the media.

Answer: FALSE Page Ref: 371 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 5) Wardens cannot be the substantive experts on everything that goes on in the prison.

Answer: TRUE Page Ref: 372 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 6) A warden may directly instruct a correctional officer to carry out a function without passing the instruction through correctional supervisors.

Answer: FALSE Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Basic 7) Open prison systems have frequent interactions between the organization and other groups to obtain resources, gain support, and accomplish goals.

Answer: TRUE Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Basic 8) The public interest in and expectations for corrections have risen in the recent years.

Answer: TRUE Page Ref: 371 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic

309

9) Federal courts have always been involved in correctional management issues.

Answer: FALSE Page Ref: 371 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 10) Four decades ago, female officers were not allowed to work in men's prisons.

Answer: TRUE Page Ref: 387 Objective: Describe the unique challenges and issues faced by female correctional officers.

Level: Basic 11) Prisons and jails have different missions, but there is little difference in the role that correctional officers play in the two types of facilities.

Answer: TRUE Page Ref: 373 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Intermediate 12) Wardens report directly to the security supervisors, the chief executive officers responsible for day-to-day prison activities.

Answer: FALSE Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Intermediate 13) Post orders and general policies both spell out how to do prison activities.

Answer: FALSE Page Ref: 375 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 14) Positive recognition and good pay have often been the incentives that motivated people to take jobs as correctional officers.

Answer: FALSE Page Ref: 381 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic

310

15) Studies have found either no or only minor differences in the attitudes and job performance of women compared to men working in prisons.

Answer: TRUE Page Ref: 388 Objective: Describe the unique challenges and issues faced by female correctional officers.

Level: Basic 16) Uniformed staff and professional staff in the prison have interchangeable roles and responsibilities.

Answer: FALSE Page Ref: 382-383 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic 12.3 Fill in the Blank Questions 1) ________ systems are prison systems that consist of only the internal environment, under the direct control of the warden, and without much interest or any interference from external groups.

Answer: Closed Page Ref: 368 Objective: Outline the organizational structure of prisons.

Level: Basic 2) Prison systems that have frequent interactions between the organization and other groups to obtain resources, gain support, and accomplish goals are ________ prison systems.

Answer: open Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Basic 3) ________ of command is the vertical hierarchy in an organization.

Answer: Chain Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Basic 4) A security supervisor reports directly to the ________ of security in the prison.

Answer: chief Page Ref: 369 Objective: Outline the organizational structure of prisons.

Level: Basic

311

5) ________ leaders were the traditional authorities within an organization who were involved in exchange relationships between leaders and followers, and provided answers and direction for all issues that confronted the agency.

Answer: Transactional Page Ref: 372 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 6) Leaders who exercise leadership based on principles, while motivating staff to jointly address challenges and find solutions to new problems are referred to as ________ leaders.

Answer: transformational Page Ref: 372 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 7) The values, beliefs, and behaviors that form the way of life within an organization is its ________ culture.

Answer: organizational Page Ref: 372 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Basic 8) A(n) ________ officer is the staff person in a prison or jail who accomplishes the institution's mission by maintaining control and order within the institution.

Answer: correctional Page Ref: 373 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 9) The detailed description of the activities that are required to be performed throughout the day, including the time they are to occur, are referred to as ________ orders.

Answer: post Page Ref: 375 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Basic 10) Prison or jail staff who work in the security or custody department and are responsible for the implementation of security policies and procedures are collectively known as ________ staff.

Answer: uniformed 312

Page Ref: 383 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic 11) Prison or jail staff in a specialty area who require distinctive training and education and may also require a professional certification are called ________ staff.

Answer: professional Page Ref: 383 Objective: Describe the role of treatment and services staff within a prison.

Level: Basic 12) A prison culture based on the way prison leadership deals and communicates with subordinate staff and that has a continuum between autocratic and empowered is called ________ culture.

Answer: management Page Ref: 385 Objective: Summarize prison culture for staff.

Level: Basic 13) A(n) ________ culture is based on how staff view and communicate with inmates and has a continuum between authoritarian and reasoned.

Answer: relationship Page Ref: 385 Objective: Summarize prison culture for staff.

Level: Basic 14) Throughout history, most prisons have operated toward the ________ end of the management culture continuum.

Answer: autocratic Page Ref: 386 Objective: Summarize prison culture for staff.

Level: Basic 15) In Dothard v. Rawlinson, the Supreme Court ruled that a BFOQ against _______ correctional officers was allowable because of the deplorable conditions of the particular prison and the presence of predatory male sex offenders as prisoners.

Answer: female Page Ref: 388 Objective: Describe the unique challenges and issues faced by female correctional officers.

Level: Basic

313

12.4 Matching Questions Match the prison employee category with the appropriate duty.

A) Direct supervision of inmates B) Administration of rehab programs C) Facility maintenance D) Coordination of the budget process 1) Warden Page Ref: 371-384 Objective: Describe the various jobs and functions of prison staff.

Level: Intermediate 2) Correctional officers Page Ref: 371-384 Objective: Describe the various jobs and functions of prison staff.

Level: Intermediate 3) Treatment staff Page Ref: 371-384 Objective: Describe the various jobs and functions of prison staff.

Level: Intermediate 4) Services Staff Page Ref: 371-384 Objective: Describe the various jobs and functions of prison staff.

Level: Intermediate Answers: 1) D 2) A 3) B 4) C 12.5 Essay Questions 1) Describe the difference between open and closed systems.

Answer: • Closed systems are prison systems that consist of only the internal environment, under the direct control of the warden, and without much interest or any interference from external groups.

• Open systems are prison systems that have frequent interactions between the organization and other groups, in order to obtain resources, gain support, and accomplish goals.

Page Ref: 368-369 Objective: Outline the organizational structure of prisons.

Level: Basic

314

2) Discuss how transformational leaders make good wardens.

Answer: Transformational leaders emphasize the set of values and principles to be used as guidelines in responding to issues. They help staff and the organization to learn and to work through problems in an adaptive manner. They involve staff in finding creative and innovative solutions to new problems.

Page Ref: 372 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Intermediate 12.6 Critical Thinking Questions 1) Explain how a warden's management style can affect inmate and staff relations.

Answer: Answer should include information on how a warden who is a stickler for details and following the rules maintains a safer environment, compared to a warden who does not keep tabs on the daily operation of the prison. This style can lead to corruption, abuse and other negative aspects.

Page Ref: 371-373 Objective: Explain the leadership role of a prison warden, including setting and reinforcing the prison's organizational culture.

Level: Intermediate 2) Discuss why prisons have such a high turnover rate for corrections officers.

Answer: Answer should include discussion of the following factors: low pay, stressful work environment, and little public recognition for efforts compared to police.

Page Ref: 376-382 Objective: Understand the correctional officer's role and daily activities, and consider the pros and cons of this job for you.

Level: Intermediate

315

Corrections: An Introduction, 6e (Seiter) Chapter 13 Custody within a Prison 13.1 Multiple Choice Questions 1) Which of the following is the time when inmates move to their assigned jobs or programs assignments?

A) controlled movement B) work call C) inmate movement D) inmate accountability Answer: B Page Ref: 403 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 2) Which of the following contributes to the security and custody functions within a prison?

A) free and unrestricted inmate movement B) allowing contraband within the prison C) an inmate disciplinary system D) inconsistent implementation of policies Answer: C Page Ref: 396-397 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 3) Which is a key component of inmate accountability policies and procedures?

A) There is exactly one count per day of inmates.

B) Staff provide only direct inmate supervision.

C) Most inmates are assigned to unsupervised work.

D) Inmates are assigned to work and programs on a daily basis.

Answer: D Page Ref: 401 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic

316

4) What is the style of supervision by staff who are NOT responsible for inmates, but can still see their movements or activities?

A) direct B) formal C) casual D) stand-up Answer: C Page Ref: 405 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 5) What is the scheduled counting of inmates in their housing units to ensure that they are in the prison and have not escaped?

A) stand-up count B) random count C) census count D) regular count Answer: D Page Ref: 405 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 6) Which of the following is a less formal count conducted at program and work assignments by the staff responsible for supervising inmates?

A) census count B) stand-up count C) random count D) regular count Answer: A Page Ref: 406 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 7) Which of the following is done at any time, freezing inmates at whatever location they are in?

A) census count B) stand-up count C) random count D) regular count Answer: C Page Ref: 406 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

317

Level: Basic 8) Which of the following is TRUE regarding inmate movements within a prison?

A) With the pass system, inmates are scheduled for their appointments at least a day in advance.

B) Controlled movement contributes to inmate accountability in that it limits the time in which inmates have freedom to move or walk around the prison.

C) The most common form of controlled movement is to issue passes to inmates to go to work, a program, or a scheduled appointment.

D) Inmates move individually in a prison, with at least one staff person walking with them from one point to another.

Answer: B Page Ref: 403-404 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 9) Which is a preventive action that prison administrators can take to reduce inmate unrest?

A) maintaining secrecy between inmates and staff, and among staff B) performing security audits to discover security deficiencies C) ignoring changes in inmate actions or the institution atmosphere D) inconsistently enforcing rules and regulations Answer: B Page Ref: 413-414 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 10) Which of the following teams has the principal role of opening lines of communication between staff and hostage-takers?

A) SWAT team B) hostage negotiation team C) disturbance control team D) special emergency response team Answer: B Page Ref: 416 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic

318

11) Which of the following emergency teams is trained in the use of lethal force when all else fails to resolve an emergency situation?

A) hostage negotiation team B) disturbance control team C) special emergency response team D) riot team Answer: C Page Ref: 417 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic 12) Which of the following is an emergency response team?

A) hostage negotiation team B) riot control team C) special weapons and tactics team D) special housing team Answer: A Page Ref: 385 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic 13) Which of the following is a light-colored background with the outline of the tool painted on it, allowing for a missing tool or knife to be quickly noticed?

A) call out B) dark wall C) contraband D) shadow board Answer: D Page Ref: 407 Objective: Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

Level: Basic 14) Which of the following counts is the most formal count of the day and occurs at 4:00 PM every day?

A) random B) regular C) stand-up D) census Answer: C Page Ref: 406 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 319

15) Which of the following is an item that inmates are NOT allowed to possess, including items that can assist in an escape, are dangerous, can undermine prison physical security, or are nuisance items?

A) call out B) trunk C) shadow board D) contraband Answer: D Page Ref: 406 Objective: Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

Level: Basic 16) Which of the following is a schedule of all the appointments and required moves for a day, including the name and expected times of the moves?

A) call out B) pass system C) controlled movement D) work call Answer: A Page Ref: 405 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 17) Which of the following refers to the activities within a prison that control inmate behavior and maintain order?

A) precipitating events B) custody C) treatment D) rehabilitation Answer: B Page Ref: 395 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 18) Which of the following refers to a nonpunitive confinement in a special housing unit used to house inmates whose continued presence in the general population may pose a serious threat to the security or orderly running of the prison?

A) disturbance control B) solitary confinement C) disciplinary segregation D) administrative detention Answer: D Page Ref: 411 320

Objective: Describe the two categories of inmate assignments in a special housing unit.

Level: Basic 19) Prisons use special housing units to perform which of the following activities?

A) to separate unruly inmates or inmates at risk B) to house spouses who come for conjugal visits C) to create special zones for members of specific prison gangs D) to separate women and juveniles from the general prison population Answer: A Page Ref: 410 Objective: Describe the two categories of inmate assignments in a special housing unit.

Level: Basic 20) Which of the following refers to the staff's ability to locate and identify inmates at any point in time within a prison?

A) inmate disciplinary system B) inmate classification system C) inmate movement D) inmate accountability Answer: D Page Ref: 401 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 13.2 True/False Questions 1) Inmates are in their cells most of the day and are rarely allowed to move across the prison compound.

Answer: FALSE Page Ref: 395 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 2) Prison staff are trained to monitor inmates only intermittently so as not to interfere with their privacy.

Answer: FALSE Page Ref: 405 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 3) American Correctional Association standards require a minimum of five scheduled counts per twenty-four-hour period.

Answer: FALSE Page Ref: 405 321

Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 4) Prison staff do not waste a lot of time searching areas of the prison or shaking down inmates to find contraband and deter its possession.

Answer: FALSE Page Ref: 410 Objective: Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

Level: Basic 5) Inmates who need a separation of longer than 12 months from a prison's inmate population are either transferred to another prison or placed in a supermax facility.

Answer: TRUE Page Ref: 410 Objective: Describe the two categories of inmate assignments in a special housing unit.

Level: Basic 6) The most feared event at a prison is an inmate riot or disturbance.

Answer: TRUE Page Ref: 412 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 7) Investigations of inmate riots and disturbances have discovered that most are not planned or precisely initiated by inmate leaders.

Answer: TRUE Page Ref: 384 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 8) The task of controlling behavior and maintaining order envisions a picture of total and absolute control by correctional officers and an environment in which inmate rights and individual characteristics must be secondary to security.

Answer: TRUE Page Ref: 413 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 9) Prison work and program assignments are an important part of the normal routine of the prison day.

Answer: TRUE Page Ref: 402 322

Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 10) A pass system schedules all the appointments and required moves for a day, including the name and expected times of the moves.

Answer: FALSE Page Ref: 404 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 11) A special emergency response team is trained in the use of lethal force when all else fails to resolve an emergency situation.

Answer: TRUE Page Ref: 417 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic 12) A safe prison is one in which staff and inmates are relatively safe from assaults or other violent acts.

Answer: TRUE Page Ref: 395 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic 13) Disciplinary segregation is a nonpunitive confinement in SHU used to house inmates whose continued presence in the general population may pose a serious threat to the security or orderly running of the prison.

Answer: FALSE Page Ref: 411 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 14) Correctional officers assigned to housing units have post order requirements to search a certain number of cells every day, and teams of staff may be assigned to an area for a complete search.

Answer: TRUE Page Ref: 410 Objective: Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

Level: Basic

323

15) A precipitating event is often thought of as the "spark in the haystack" that sets off an inmate riot.

Answer: TRUE Page Ref: 413 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 16) Contraband is defined as the list of items that prison inmates are legally allowed to possess.

Answer: FALSE Page Ref: 406 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 13.3 Fill in the Blank Questions 1) The staff's ability to locate and identify inmates at any time within a prison is inmate ________.

Answer: accountability Page Ref: 401 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 2) ________ movement is the procedure that prisons use to maintain accountability for inmates as they move throughout the prison.

Answer: Controlled Page Ref: 403 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 3) The ________ out is a schedule of all the appointments and required moves for a day, including the inmate name and expected times of the moves.

Answer: call Page Ref: 404 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic

324

4) The ________ system is a form of inmate movement in which an inmate is issued a pass by the work or program supervisor to go to a scheduled appointment.

Answer: pass Page Ref: 404 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 5) The time when inmates are required to move to their jobs or program assignments is the work ________.

Answer: call Page Ref: 403 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 6) ________ is any item than inmates are not allowed to possess.

Answer: Contraband Page Ref: 406 Objective: Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

Level: Basic 7) A(n) ________ board allows staff to quickly notice a missing tool or item.

Answer: shadow Page Ref: 407 Objective: Explain how contraband comes into the possession of inmates and specify procedures to prevent this from occurring.

Level: Basic 8) The ________ housing unit is a temporary housing assignment for inmates who present a danger to prison security or need protection from other inmates.

Answer: special Page Ref: 410 Objective: Describe the two categories of inmate assignments in a special housing unit.

Level: Basic 9) ________ detention is used to house inmates whose continued presence in the general population may pose a serious threat to the security or orderly running of the prison.

Answer: Administrative Page Ref: 411 Objective: Describe the two categories of inmate assignments in a special housing unit.

Level: Basic

325

10) ________ segregation is a punitive housing assignment after a finding of guilt for a serious prison rule violation.

Answer: Disciplinary Page Ref: 411 Objective: Describe the two categories of inmate assignments in a special housing unit.

Level: Basic 11) Underlying factors that create tension and unrest among inmates are ________ factors.

Answer: environmental Page Ref: 413 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 12) The "spark in the haystack" that sets off an inmate riot is a(n) ________ event.

Answer: precipitating Page Ref: 413 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Basic 13) The ________ negotiation team is a team of eight to ten prison employees, with excellent communication skills and ability to perform under stress.

Answer: hostage Page Ref: 416 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic 14) An emergency team with the primary mission of controlling inmates during riot situations is the ________ control team.

Answer: disturbance Page Ref: 417 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic 15) The ________ emergency response team is an emergency team trained in the use of lethal force when all else fails to resolve an emergency situation.

Answer: special Page Ref: 417 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Basic

326

13.4 Matching Questions Match the description with the appropriate inmate count type.

A) Performed at any place, at any time B) Performed during work assignments C) Performed at the cell door 1) Stand up count Page Ref: 406 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 2) Census count Page Ref: 406 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic 3) Random count Page Ref: 406 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Basic Answers: 1) C 2) B 3) A 13.5 Essay Questions 1) Name and explain at least two measures of security and custody used in a prison system.

Answer: Answer should include two of the following: • Inmate classification system • Physical custody • Consistently implemented security procedures • Control of inmate movement • Control of contraband • Inmate disciplinary system • Use of SHU • Reduction of riot likelihood Page Ref: 396-397 Objective: Summarize the security and custody functions within a correctional facility.

Level: Basic

327

2) Discuss the types of emergency response teams used in a prison.

Answer: Hostage negotiations teams possess excellent communication skills for diffusing hostage situations. Disturbance control teams manage riot situations. Special emergency response teams are trained in weapons, explosives and lethal force.

Page Ref: 416-417 Objective: Outline the functions and operations of the three types of emergency teams in a prison.

Level: Intermediate 13.6 Critical Thinking Questions 1) Explain how inmate work assignments are beneficial for prison security.

Answer: Answer should include information on how work assignments keep inmates active, limit time to plan escape, and place inmates under supervision of staff.

Page Ref: 402 Objective: Describe how prison officials ensure that inmates are accounted for, including the three types of counts.

Level: Intermediate 2) Discuss how prison officials can decrease the likelihood of riots occurring.

Answer: Answer should include discussion of the importance of enforcing security measures and performing them often, but also keeping communication open between inmates and staff. Inmates often riot as they do not feel as if they are being heard.

Page Ref: 413-414 Objective: Describe the factors that can combine to cause an inmate riot, the stages of a riot, and methods to prevent and control riots.

Level: Difficult

328

Corrections: An Introduction, 6e (Seiter) Chapter 14 Treatment and Programs within a Prison 14.1 Multiple Choice Questions 1) Which of the following refers to the process of creating an environment and providing rehabilitative programs that encourage inmates to accept responsibility and to address personal disorders?

A) diagnosis B) assessment C) treatment D) corrections Answer: C Page Ref: 421 Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic 2) Which of the following by definition means "to return to a previous form?"

A) Darwinism B) classical model C) treatment D) rehabilitation Answer: D Page Ref: 422 Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic 3) Which of the following is a specific training in a trade area to prepare students to work in that trade?

A) academic training B) Pell grants C) prison training D) vocational training Answer: D Page Ref: 425 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic

329

4) Why did Congress in 1994 specifically eliminate inmates from being eligible to receive Pell grants?

A) Only a small number of inmates were taking advantage of the funding.

B) Studies showed that postsecondary education had a tendency to increase recidivism rates.

C) Members of the public complained that inmates should not get a "free" college education.

D) Many inmates using the grants committed crimes on college campuses.

Answer: C Page Ref: 426 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 5) In 2017, a report indicated that what percent of prison inmates had a mental health disorder in the past?

A) 25% B) 37% C) 52% D) 67% Answer: B Page Ref: 431 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 6) What was the approximate prevalence of any drug dependence or abuse among state and federal prisoners in 2004?

A) 15-25 percent B) 30-40 percent C) 45-55 percent D) 60-70 percent Answer: C Page Ref: 434 Objective: Identify the level of substance abuse among the inmate population and the level of program opportunities provided in prisons.

Level: Basic 7) Residential treatment is a part of which of the following prison programs?

A) substance abuse programs B) educational programs C) holistic health care D) recreation and leisure Answer: A Page Ref: 435 Objective: Identify the level of substance abuse among the inmate population and the 330

level of program opportunities provided in prisons.

Level: Basic

331

8) What prison industry system ended in the early twentieth century, after which states began to operate their own prison industries to keep inmates busy and make a profit from the sale of produced goods?

A) state-use system B) profit system C) lease system D) bargain system Answer: C Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 9) Which of the following resulted in prison industries producing inmate clothing, office furniture, and other products that can be sold only to government agencies?

A) lease system B) selling system C) government-use system D) state-use system Answer: D Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 10) Which of the following is a necessary condition for Prison Industry Enhancement Certification Program to allow for the sale of prison goods on the open market?

A) Inmates get no wages for the work done.

B) Funds for victim assistance programs should be collected.

C) Inmate participation need not be voluntary.

D) Inmates should not be given any benefits in the event of injury.

Answer: B Page Ref: 439 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 11) Which of the following are assets to prison operations, provide funds to operate, and reduce recidivism?

A) religious programs B) recreation programs C) prison industry programs D) educational programs Answer: C Page Ref: 439 Objective: Describe programs for prison work, counseling/therapy, religion, and 332

recreation.

Level: Basic

333

12) Which of the following is TRUE regarding religious programs in prison?

A) Religious programming is not considered as an important rehabilitative opportunity within prisons.

B) Due to most criminals' amoral approach to life, inmate participation in religious programs is usually very sparse.

C) Prisons restrict religious observation to the Catholic, Protestant, and Jewish faiths.

D) Religious services are often coordinated by one or two full-time chaplains who provide religious guidance for prisoners.

Answer: D Page Ref: 440 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 13) Which of the following is considered as the most controversial area of prison programming?

A) recreation programs B) educational programs C) PIE programs D) health care programs Answer: A Page Ref: 441 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 14) Most inmates are required to work for approximately how many hours per day and days per week?

A) 8 hours per day, 5 days per week B) 6 hours per day, 6 days per week C) 6 hours per day, 7 days per week D) 6 hours per day, 5 days per week Answer: D Page Ref: 441 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 15) Which of the following is the most controversial recreational activity?

A) weight lifting B) arts and crafts C) athletics D) outside sports Answer: A Page Ref: 442 Objective: Describe programs for prison work, counseling/therapy, religion, and 334

recreation.

Level: Basic

335

16) What is the primary alternative provided by prison administrations that want to restrict weight lifting?

A) boxing B) indoor tracks C) rope jumping D) "dip" bars Answer: D Page Ref: 442 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 17) Which of the following is TRUE regarding mental health programs?

A) Correctional agencies do not provide mental health programs to the same extent as mental health agencies.

B) Providing programs for inmates with mental illness is an easy task for correctional institutions.

C) A relatively low percentage of inmates have mental health problems.

D) The security demands to control these inmates do not affect the program in anyway.

Answer: A Page Ref: 430-431 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 18) About what percentage of state and federal prisoners who were drug dependent or abusing in the year before their admission to prison took part in a drug abuse program?

A) 15-20 percent B) 40-45 percent C) 25-30 percent D) 60-65 percent Answer: B Page Ref: 434-435 Objective: Identify the level of substance abuse among the inmate population and the level of program opportunities provided in prisons.

Level: Basic 19) Which of the following is considered as the most effective treatment for substance abuse?

A) continuum of care B) group therapy C) residential treatment D) short-term crisis units Answer: C Page Ref: 435 Objective: Identify the level of substance abuse among the inmate population and the 336

level of program opportunities provided in prisons.

Level: Basic 20) Approximately ________ of the states are involved in the PIE Program, which employed about ________ inmates in 2005.

A) one-third; 2,000 B) two-thirds; 6,500 C) one-quarter; 25,000 D) half; 10,000 Answer: B Page Ref: 439 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 21) Which of the following is TRUE regarding inmate participation in prison industries?

A) Because so little is withheld from their wages, inmates can retire on their saved earnings upon release from prison.

B) A large portion of prison inmates participate in prison industries.

C) Inmates who participate in prison industries have higher recidivism rates than those who do not.

D) Industrial work assignments are a positive way to reduce idleness and serve as an incentive for good behavior.

Answer: D Page Ref: 438-439 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 22) In which of the following programs do private companies hire inmates to produce goods inside the prison?

A) recreation programs B) PIE programs C) religious programs D) academic programs Answer: B Page Ref: 439 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 14.2 True/False Questions 1) Rehabilitation, by definition, means "to take up a new form."

Answer: FALSE Page Ref: 422 337

Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic

338

2) Treatment is the creation of an environment and provision of rehabilitative programs that encourage inmates to accept responsibility.

Answer: TRUE Page Ref: 421 Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic 3) The challenge of balancing custody and security with treatment and rehabilitation is easily accomplished by the prison management.

Answer: FALSE Page Ref: 421 Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic 4) Once an offender is sentenced to prison, a reception and classification process begins.

Answer: TRUE Page Ref: 423 Objective: Explain how inmate needs are identified.

Level: Basic 5) Since inmates have a significant need for educational programs, most prisons provide these programs.

Answer: TRUE Page Ref: 424 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 6) In many state and federal prisons, inmates without a high school diploma or GED need not attend school.

Answer: FALSE Page Ref: 425 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 7) The Hawes-Cooper Act in 1929 required that prison products be subject to the laws of any state to which they were shipped.

Answer: TRUE Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic

339

8) Few prisons have extensive postsecondary education programs, even though several thousand inmates took college classes and earned college degrees in the past.

Answer: TRUE Page Ref: 426 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 9) Vocational training is specific training in a trade area such as carpentry, electronics, welding, office equipment, and word processing.

Answer: TRUE Page Ref: 425 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 10) A relatively low percentage of inmates have mental health problems.

Answer: FALSE Page Ref: 430 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 11) Correctional agencies are designed to provide mental health programs to the same extent as mental health agencies.

Answer: FALSE Page Ref: 430-431 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 12) Holistic health care is defined as the provision of mental health programs based on the intensity of needs for each inmate.

Answer: FALSE Page Ref: 432 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 13) Mental health programs do not play a critical role in accomplishing the mission of a correctional facility.

Answer: FALSE Page Ref: 434 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 340

341

14) Substance abuse treatment programs are critical activities within prisons because such a high proportion of inmates have a history of drug or alcohol abuse.

Answer: TRUE Page Ref: 434 Objective: Identify the level of substance abuse among the inmate population and the level of program opportunities provided in prisons.

Level: Basic 15) A lease system allows prison-made goods to be sold to and used by only state and federal government agencies.

Answer: FALSE Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 16) Religious programs are prohibited in state and federal prisons due to the separation of church and state.

Answer: FALSE Page Ref: 440 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 17) Many prison inmates work in trades areas such as heating and air conditioning, learning skills that can help them find jobs after release.

Answer: TRUE Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 18) Many state legislatures, county governments, and Congress have recently passed legislation limiting weight lifting in prisons and jails.

Answer: TRUE Page Ref: 442 Objective: Identify the level of substance abuse among the inmate population and the level of program opportunities provided in prisons.

Level: Basic 19) Due to significant public opposition to recreation programs for inmates, recreation is not considered as an important part of prison programming.

Answer: FALSE Page Ref: 442 Objective: Describe the various types of education and vocational programs provided in prisons.

342

Level: Basic

343

14.3 Fill in the Blank Questions 1) The challenge for prison management is to prudently balance custody and security with treatment and ________.

Answer: rehabilitation Page Ref: 421 Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic 2) ________ is to provide programming to address the needs of offenders that can reduce their risk of criminal behavior and improve their chance of success in the community.

Answer: Rehabilitation Page Ref: 422 Objective: Define rehabilitation and describe its evolution throughout the history of prisons in the United States.

Level: Basic 3) Educational ________ exams give an indication of an inmate's level of literacy, regardless of the grade completed in school, and indicate whether additional educational programming is needed.

Answer: proficiency Page Ref: 423 Objective: Explain how inmate needs are identified.

Level: Basic 4) In ________ prison education programs, many states and the Federal Bureau of Prisons require inmates without a high school diploma or GED to attend school.

Answer: mandatory Page Ref: 425 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 5) Grants for disadvantaged individuals used to cover tuition costs for college courses are known as ________ grants.

Answer: Pell Page Ref: 426 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 6) ________ educators are the people who teach, oversee, or coordinate education, and sometimes vocational training programs within prisons.

Answer: Correctional Page Ref: 428 344

Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 7) The ________ of care seeks to provide mental health programs based on the intensity of needs for each inmate as inmates prepare for movement from prison to release to the community.

Answer: continuum Page Ref: 432 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 8) A conceptual model of ________ health care provides integrated medical, psychiatric, psychological, and chemical dependency service delivery.

Answer: holistic Page Ref: 432 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Basic 9) ________ treatment is the most intensive substance abuse treatment program, in which inmates live in a unit entirely focused on a substance abuse milieu, and is often considered the most effective treatment for substance abuse.

Answer: Residential Page Ref: 435 Objective: Identify the level of substance abuse among the inmate population and the level of program opportunities provided in prisons.

Level: Basic 10) In a(n) ________ system, state prisons accepted bids and leased out prisoners to the private sector, which would work the inmates in their industrial operations.

Answer: lease Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 11) A state-use system allows prison-made goods to be sold to and used by state and federal ________ agencies.

Answer: government Page Ref: 437 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic

345

12) ________ work assignments that are similar to private-sector operations provide inmates realistic work experience and instill positive work habits.

Answer: Industrial Page Ref: 438 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic

346

13) The ________ Program is a prison industry program operated by private companies, with prison goods authorized to be sold on the open market if the program is certified as meeting certain conditions.

Answer: PIE Page Ref: 439 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 14) Prisons strive to provide ________ programs for any group or individual who wants to worship and follow the tenets of a recognized faith.

Answer: religious Page Ref: 440 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic 15) Prison officials attempt to have ________ programs that reduce idleness, promote health and fitness, and allow inmates to "burn off steam" through exercise.

Answer: recreational Page Ref: 441 Objective: Describe programs for prison work, counseling/therapy, religion, and recreation.

Level: Basic

347

14.4 Matching Questions Match the description with the appropriate treatment program.

A) Provide detoxification and AA/NA B) Address educational deficiencies C) Provide spiritual guidance and counseling D) Provide medication and therapy 1) Academic programs Page Ref: 424-441 Objective: Multiple objectives Level: Basic 2) Mental health programs Page Ref: 424-441 Objective: Multiple objectives Level: Basic 3) Substance abuse programs Page Ref: 424-441 Objective: Multiple objectives Level: Basic 4) Religious programs Page Ref: 424-441 Objective: Multiple objectives Level: Basic Answers: 1) B 2) D 3) A 4) C 14.5 Essay Questions 1) Explain how inmate needs and program placement occurs in a prison.

Answer: Inmates are tested on their educational proficiency, as well as interviewed regarding other mental, physical and substance abuse needs. They are then placed in programs that benefit them the most, and reassessed every 6 months to determine the need for placement changes.

Page Ref: 423 Objective: Explain how inmate needs are identified.

Level: Intermediate

348

2) Compare and contrast the educational achievement of the general population compared to inmate populations.

Answer: The Bureau of Justice Statistics reported that only 18.4 percent of the general population had not completed high school or received a general equivalency diploma (GED), whereas 39.7 percent of state prison inmates, 26.5 percent of federal prison inmates, 46.5 percent of jail inmates, and 30.6 percent of probationers had only some high school or less. And another report indicated that only 43 percent of offenders entering prison had obtained a GED or high school diploma, while a comparison of all households versus all prison inmates showed 82 percent of households and 63 percent of prison inmates had a GED, high school diploma, or postsecondary studies.

Page Ref: 424 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Basic 14.6 Critical Thinking Questions 1) Discuss how the removal of the Pell grant has affected prison education programs.

Answer: Answer should include information on the use of the Pell grant in paying for inmate higher education, and how its removal put the responsibility of paying for college classes all on the inmate (who is often unable to afford it). In addition, most of these classes are correspondence courses.

Page Ref: 426 Objective: Describe the various types of education and vocational programs provided in prisons.

Level: Intermediate 2) Explain how the continuum of care affects mental health patients in a prison.

Answer: Answer should include discussion of the levels of continuum of care, stabilization, medication and integration with inmates (if possible) to prepare for release.

Page Ref: 432-433 Objective: Explain the scope of mental health needs of inmates and how prisons provide programs that meet these needs.

Level: Intermediate

349

Corrections: An Introduction, 6e (Seiter) Chapter 15 Legal Issues and the Death Penalty 15.1 Multiple Choice Questions 1) Which 1948 Supreme Court decision supported the hands-off doctrine?

A) Ruffin v. the Commonwealth of Virginia B) Holt v. Sarver C) Cooper v. Pate D) Price v. Johnston Answer: D Page Ref: 450 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic 2) Which of the following is a reason that the Supreme Court cited in Ruffin v.

Commonwealth of Virginia for what became known as the hands-off doctrine?

A) the Court's expertise in corrections and showing deference to the judgment of prison administrators B) the status of American prisons as the most fair and efficiently run such institutions in the world C) the need for separation of powers between the judicial and the legislative branches of government D) a concern that accepting prisoner rights cases would flood the courts with prisoner lawsuits Answer: D Page Ref: 450 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic 3) Which Supreme Court decision effectively ended the hands-off doctrine?

A) Ruffin v. the Commonwealth of Virginia B) Bell v. Wolfish C) Cooper v. Pate D) Pell v. Procunier Answer: C Page Ref: 450 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic

350

4) What was the decision in the 1970 Supreme Court case of Gittlemacker v. Prasse?

A) Muslim inmates are allowed to have a special meal to end Ramadan.

B) It is impractical to provide every inmate a member of the clergy.

C) Prison officials do not have to rearrange inmate work schedules to allow a Muslim inmate to attend Friday worship.

D) Jewish inmates must be provided kosher food as a part of the prison menu.

Answer: B Page Ref: 456 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 5) In which 1979 case did the Supreme Court hold that there is no one-person, one-cell guarantee within a prison?

A) Johnson v. Phelan B) Bell v. Wolfish C) Holt v. Sarver D) Gregg v. Georgia Answer: B Page Ref: 454 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 6) What did the Supreme Court develop in the 1983 Solem v. Helm decision?

A) punitive intent standard B) hands-off doctrine C) test of proportionality D) balancing test Answer: C Page Ref: 452 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic

351

7) What did the Supreme Court decide in Rhodes v. Chapman?

A) that uncomfortable prison conditions are a part of the penalty for criminal behavior B) that double-celling does not constitute cruel and unusual punishment C) that double-celling does constitute cruel and unusual punishment D) that inmates cannot sue for "unnecessary or wanton pain" Answer: B Page Ref: 454 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 8) In which 1972 case did the Supreme Court hold that inmates be given a "reasonable opportunity" to practice their religion?

A) Kahane v. Carlson B) Hamilton v. Schriro C) Theriault v. Silber D) Cruz v. Beto Answer: D Page Ref: 456 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 9) In which 1977 case did the Supreme Court disagree to adding steak and wine on the prison menu for inmates who practiced the new religion of the Church of the New Song (CONS)?

A) O'Lone v. Estate of Shabazz B) Hamilton v. Schriro C) Cruz v. Beto D) Theriault v. Silber Answer: D Page Ref: 456 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic

352

10) In which 1976 case did the Supreme Court determine that prison officials have a duty to provide medical treatment to inmates since inmates are dependent on them to provide for their medical needs?

A) Estelle v. Gamble B) Ramos v. Lamm C) Holt v. Sarver D) Fernandez v. United States Answer: A Page Ref: 457 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 11) Which constitutional amendment is most related to the necessity of prison officials' control over the importation of dangerous contraband?

A) Fourteenth B) First C) Eighth D) Fourth Answer: D Page Ref: 460 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 12) In which 1974 case did the Supreme Court set forth that inmates had some due process rights when facing a prison disciplinary hearing?

A) Grummet v. Rushen B) Bell v. Wolfish C) Wolff v. McDonnell D) Morrissey v. Brewer Answer: C Page Ref: 461 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic

353

13) Which of the following is an inmate due process right in the area of prison disciplinary hearings?

A) the right to have at least one week to prepare a defense B) the right to have a lawyer present when the circumstances of the case are complex or if the prisoner is illiterate C) the right to receive advance written notice of the alleged infraction D) the right to a jury trial Answer: C Page Ref: 461 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 14) Which of the following is one of the factors that have led to the recent reduction in the number of inmate lawsuits?

A) The courts have moved back toward the earlier hands-off doctrine.

B) Congress has made it easier for inmates to file successful suits against correctional agencies.

C) Less Supreme Court decisions appear to support prison administrators.

D) Declining law school enrollments have led to fewer attorneys being available to take on inmates' cases.

Answer: A Page Ref: 462-463 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 15) When was the last public execution in the United States held?

A) 1936 B) 1880 C) 1968 D) 1902 Answer: A Page Ref: 464 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic

354

16) Which of the following is an element of a state's death penalty that must exist in order to be constitutional, according to the Supreme Court's decision in Gregg v. Georgia?

A) During sentencing, the jury will hear only evidence regarding the crime's aggravating circumstances.

B) The death penalty can be considered for all cases in which violence occurred.

C) The trial must have a stage to determine guilt and a stage to consider the sentence.

D) Appeal and review of a death sentence is dependent upon the crime committed.

Answer: C Page Ref: 466 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic 17) Which state has the death penalty?

A) Georgia B) New Jersey C) Michigan D) West Virginia Answer: A Page Ref: 468 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic 18) In which 2002 case did the Supreme Court determine that executions of mentally retarded criminals were "cruel and unusual" punishment?

A) Penry v. Lynaugh B) Atkins v. Virginia C) Sanford v. Kentucky D) Ford v. Wainwright Answer: B Page Ref: 467 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic 19) What did the Supreme Court decide in Roper v. Simmons?

A) The mentally ill can be executed if they are on antipsychotic medication.

B) Offenders who are under 18 when their crimes are committed cannot be executed until they turn 21.

C) Offenders cannot be executed for the crime of rape.

D) Offenders who are under 18 when their crimes are committed cannot be executed.

Answer: D Page Ref: 468 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

355

Level: Basic 20) What is a common serious concern regarding continuing the death penalty?

A) cost of the lethal injection drug B) risk of a condemned inmate surviving the execution C) the potential for error D) increased risk of juror suicide Answer: C Page Ref: 477 Objective: Summarize the arguments for and against the use of the death penalty.

Level: Basic 15.2 True/False Questions 1) The number of inmates filing suits against correctional agencies or prison staff has dropped in the last decade.

Answer: TRUE Page Ref: 449 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic 2) Inmates lose all of their citizenship rights once they enter prison.

Answer: FALSE Page Ref: 449 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic 3) Inmates are not allowed to solicit other inmates to join an inmate union and have union meetings.

Answer: TRUE Page Ref: 459 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 4) Inmates can only receive books and magazines directly from the publisher.

Answer: TRUE Page Ref: 459 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic

356

5) The rights of inmates confined in correctional institutions have always been considered by the courts.

Answer: FALSE Page Ref: 459 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 6) Inmates do not have an expectation of privacy while in prison.

Answer: TRUE Page Ref: 460 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 7) Correctional agencies generally use same-sex staff to conduct searches, unless in an emergency.

Answer: TRUE Page Ref: 460 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 8) Prisons are legally required to provide sufficient legal materials to enable inmates to conduct legal research in order to have reasonable access to the courts.

Answer: TRUE Page Ref: 459 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 9) The Violent Crime Control Act of 1994 halted inmate lawsuits.

Answer: FALSE Page Ref: 462 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic

357

10) The early North American colonies and England used capital punishment as a penalty only for murder.

Answer: FALSE Page Ref: 464 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic 11) Furman v. Georgia effectively constituted a ban on capital punishment in the United States.

Answer: FALSE Page Ref: 466 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic 12) Most prisons provide full due process rights for handling inmate discipline.

Answer: TRUE Page Ref: 462 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 13) Most death row inmates remain in their cells most of the time, as well as recreate and do almost everything by themselves.

Answer: TRUE Page Ref: 472 Objective: Detail the number of executions each year, how executions are carried out, and the problems associated with them.

Level: Basic 14) Conflict exists between some medical groups that oppose the use of licensed medical personnel to administer life-ending drugs and state requirements that such medical personnel oversee executions.

Answer: TRUE Page Ref: 471 Objective: Detail the number of executions each year, how executions are carried out, and the problems associated with them.

Level: Basic 15) Minorities are on death row at a rate well below their representation in the U.S. population.

Answer: FALSE Page Ref: 469 Objective: Detail the number of executions each year, how executions are carried out, 358

and the problems associated with them.

Level: Basic 16) Courts use the totality-of-conditions test to determine whether the overall conditions within a prison constitute cruel and unusual punishment.

Answer: TRUE Page Ref: 454 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 17) In Baze et al. v. Rees, the Supreme Court stated that the lethal injection drug protocol for executions was unconstitutional.

Answer: FALSE Page Ref: 471 Objective: Detail the number of executions each year, how executions are carried out, and the problems associated with them.

Level: Basic 18) In recent years, public support for the death penalty appears to be getting stronger.

Answer: FALSE Page Ref: 478 Objective: Describe the current and any changes in public attitude regarding the death penalty.

Level: Basic 15.3 Fill in the Blank Questions 1) According to the ________-of-the-state doctrine, inmates had no rights that were not granted them by the state.

Answer: slave Page Ref: 450 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic 2) ________ are the decisions of courts that come before and are therefore binding on later decisions of courts within the same jurisdiction.

Answer: Precedents Page Ref: 450 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Basic 3) The source of all inmate rights is the ________ of the United States.

359

Answer: Constitution Page Ref: 451 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 4) The ________ and the Fourteenth Amendments are the primary amendments that are used as a basis of lawsuits by prison inmates.

Answer: Eighth Page Ref: 451 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 5) According to the ________ Amendment, no state shall deprive any person of life, liberty, or property without the due process of law.

Answer: Fourteenth Page Ref: 452 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 6) The finding that prison inmates retain those First Amendment rights that are not inconsistent with their status as prisoner or with legitimate penological objectives is the ________ test.

Answer: balancing Page Ref: 452 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 7) The ________ Rights Act of 1871 guaranteed the rights of freed slaves and provided access to federal courts for violations of the act.

Answer: Civil Page Ref: 452 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 8) Section ________ of the Civil Rights Act prohibits any person acting under the color of any statute, ordinance, or regulation from depriving another of his or her constitutional rights.

Answer: 1983 Page Ref: 452 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

360

Level: Basic

361

9) The Americans with ________ Act prohibits any entity from discriminating against an individual with a disability in regard to employment, public services and transportation, public accommodations, and telecommunications services.

Answer: Disabilities Page Ref: 453 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 10) The ________ of conditions test examines the aggregate of circumstances in a prison to determine whether cruel and unusual conditions exist.

Answer: totality Page Ref: 454 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 11) Prison conditions are not unconstitutional unless prison administrators show ________ indifference toward inmates' basic needs.

Answer: deliberate Page Ref: 454 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 12) According to the ________ standards test, medical care for inmates must be reasonably commensurate with medical care they would receive if not imprisoned.

Answer: community Page Ref: 457-458 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Basic 13) ________ trials are used in capital cases, with guilt first established at a traditional trial and, if found guilty, a second stage of sentencing considers between death or life imprisonment.

Answer: Bifurcated Page Ref: 466 Objective: Outline the history of capital punishment in the United States and the legal provisions for it.

Level: Basic

362

14) The ________ Amendment states that no cruel or unusual punishment may be inflicted.

Answer: Eighth Page Ref: 451 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 15) The most frequently used method of execution is lethal ________.

Answer: injection Page Ref: 470 Objective: Detail the number of executions each year, how executions are carried out, and the problems associated with them.

Level: Basic

363

15.4 Matching Questions Match the Supreme Court case with the ruling.

A) Punitive intent standard B) Reasonable sensitivity standard C) Test of proportionality D) Inmates can sue prison officials for violation of rights E) Part of imprisonment involves loss of freedom 1) Price v. Johnston Page Ref: 450-452 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Intermediate 2) Cooper v. Pate Page Ref: 450-452 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Intermediate 3) Bell v. Wolfish Page Ref: 450-452 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Intermediate 4) Solem v. Helm Page Ref: 450-452 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Intermediate 5) Holt v. Sarver Page Ref: 450-452 Objective: Outline the development and sources of prisoner's rights as well as the rights they have today.

Level: Intermediate Answers: 1) E 2) D 3) A 4) C 5) B

364

15.5 Essay Questions 1) Explain the importance of Section 1983 for inmates.

Answer: Section 1983 is a section of the Civil Rights Act that prohibits any person acting under the color of any statute, ordinance, or regulation (color of law) from depriving another person of his or her constitutional rights. This specifically protects inmates from violation of constitutional rights by prison officials simply because they are under government supervision.

Page Ref: 452-453 Objective: Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.

Level: Basic 2) Discuss what, if any, expectation of privacy inmates can have regarding their bodies.

Answer: In Bell v. Wolfish (1979), routine strip-searches of inmates were deemed not to be a violation of the Fourth Amendment because they are reasonable to maintain security within a prison. Searches of body cavities are more sensitive than a visual search of an inmate's naked body. However, it is not unusual for inmates to hide drugs, handcuff keys, weapons (bullets for guns), or even hacksaw blades in the rectum to smuggle them into a prison. Therefore, while these searches must be done, the courts require that there must be information that an inmate is hiding contraband in a body cavity, medical staff must conduct the search, and the search must be done in a manner that respects the inmate's dignity and privacy (Tribble v. Gardner, 1988).

Page Ref: 460-461 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Intermediate 15.6 Critical Thinking Questions 1) In your opinion, is Rhodes v. Chapman an appropriate ruling in regard to inmate constitutional rights?

Answer: Answer should include discussion of the overcrowding issue and how it affects quality of life for inmates.

Page Ref: 454-455 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Intermediate

365

2) Discuss the importance of Cooper v. Pate on inmate religious rights.

Answer: Answer should include discussion of how inmates are guaranteed the right to reasonably practice their faith, use religious artifacts, and access to clergy based on various rulings.

Page Ref: 455-456 Objective: Specify the legal cases and constitutional standards regarding cruel and unusual punishment, inmate religious practice, delivery of medical care, inmate discipline, and limits on inmates' litigation.

Level: Intermediate

366

Corrections: An Introduction, 6e (Seiter) Chapter 16 Current and Future Issues in Corrections 16.1 Multiple Choice Questions 1) Which of the following is a reason for the slowdown in the growth of incarcerated offenders?

A) There has been a decrease in the use of alternatives to incarceration.

B) There has been considerable publicity about the merit of tough sentencing laws.

C) Few states have implemented sanctions between probation and incarceration.

D) There are not enough prisons to house all convicted inmates.

Answer: B Page Ref: 487-488 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Basic 2) Which of the following represents the percentage increase in the number of inmates between 2000 and 208 held in private prisons?

A) 30 percent B) 22 percent C) 48 percent D) 105 percent Answer: C Page Ref: 486-487 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Intermediate 3) Which of the following statements is TRUE regarding the U.S. state prison population from 1978 to 2009?

A) It increased rapidly.

B) It decreased significantly.

C) It remained the same.

D) It increased slightly Answer: A Page Ref: 485 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Intermediate

367

4) An approach to use evidence-based policies and programs to create community alternatives to prison to both slow the increase or reduce the prison population and save money is known as ________.

A) the Justice Reinvestment Initiative B) restrictive housing status C) privatization D) mass incarceration Answer: A Page Ref: 493 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Intermediate 5) Which of the following is a consequence of mass incarceration?

A) decreased political support B) increased mental and physical health issues for prisoners C) increased employment and earnings for former inmates D) decreased fiscal pressure on the government Answer: B Page Ref: 496-497 Objective: Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

Level: Basic 6) Which of the following defines mass incarceration?

A) It is reducing offenders' ability or capacity to commit further crimes.

B) It is the overuse of prisons and jails for sentencing and detaining offenders beyond what is effective and necessary to protect society and at too great a cost.

C) It is a requirement that for certain crimes or for certain types of offenders, there must be a sentence to prison for at least a minimum term.

D) It is an emphasis on the rational and efficient deployment of control strategies for managing and confining high-risk criminal populations.

Answer: B Page Ref: 495 Objective: Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

Level: Intermediate

368

7) Which of the following is a growing method used by correctional agencies to reduce their costs?

A) to contract some services or the entire operation of prisons to the private sector B) to divert low-level offenders from prison to the community C) to reduce physical and mental health care for prisoners D) to increase the use of special housing units Answer: A Page Ref: 497 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Basic 8) Which of the following is an issue that is key to any deliberation regarding the use of private prisons?

A) their disregard for U.S. Supreme Court rulings B) the location of private prisons C) their tie to the ACLU D) the cost and efficiency of private prisons Answer: D Page Ref: 499-500 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Intermediate 9) Which of the following is the practice of isolating inmates in cells for 22-24 hours a day, with limited human contact, usually for several months at a time?

A) privatization B) supermax prisons C) solitary confinement D) mass incarceration Answer: C Page Ref: 505 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Intermediate 10) Correctional jobs are ________.

A) jobs that anyone can perform with minimal training B) like jobs in any public agency or private-sector company C) jobs that can be handled by only certain ethnic groups D) difficult to perform, and not every person who expresses an interest is suited for it Answer: D Page Ref: 508 Objective: Consider whether or not a career in corrections may be right for you.

Level: Basic

369

11) Which of the following statements is TRUE regarding corrections as a career opportunity?

A) There are few available jobs in the field of corrections.

B) Correctional agencies have frequent layoffs and therefore the jobs are not very stable.

C) Correctional jobs are easy to perform.

D) Correctional jobs pay better than most people believe, and the benefits are often good.

Answer: C Page Ref: 508-509 Objective: Consider whether or not a career in corrections may be right for you.

Level: Intermediate 12) The Association of State Correctional Administrators suggests which practice be used for managing inmates on restrictive status housing?

A) a subjective decision-making process for assigning inmates to restrictive status housing B) progressive levels with increased privileges as incentives for positive behavior C) mental health assessments within two weeks of placement in restrictive housing D) no visiting or exercise while on restrictive status housing Answer: B Page Ref: 506 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Basic 13) Kansas elected officials implemented a plan to reduce prison admissions by providing counties with financial incentives to create ________.

A) electronic monitoring systems B) community correctional systems C) identification systems D) global positioning systems Answer: B Page Ref: 491 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Basic 14) Which of the following is a step adopted by one or more states for the purpose of reducing recidivism and helping prisoners reenter society?

A) allowing violent offenders to serve up to 180 days of their prison sentence at home B) investing money in building more prisons so that more offenders can be incarcerated C) adopting legislation creating or expanding community corrections options for nonviolent offenders, including the use of drug courts D) implementing a plan to increase prison admissions and providing more correctional programs Answer: C Page Ref: 492-493 370

Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Intermediate 15) Which of the following is a reason for the high turnover rates experienced in corrections?

A) low stress levels B) compliant clients C) normal working hours D) threats of violence Answer: D Page Ref: 509 Objective: Consider whether or not a career in corrections may be right for you.

Level: Intermediate 16) Which of the following is TRUE of correctional jobs?

A) The jobs are unstable.

B) The pay is worse than most people believe.

C) There are many available jobs.

D) The jobs are devoid of risk and much responsibility.

Answer: C Page Ref: 509 Objective: Consider whether or not a career in corrections may be right for you.

Level: Basic 17) What is the approximate rate of increase in the number of correctional employees working at the federal, state, and local levels in the United States between 1992 to 2010?

A) 80 percent B) 44 percent C) 3 percent D) 15 percent Answer: B Page Ref: 509 Objective: Consider whether or not a career in corrections may be right for you.

Level: Intermediate 18) Many jurisdictions still strongly believe that the best way to manage potentially dangerous prisoners is through ________ or by removing them from the general population and keeping them in a very secure setting.

A) retribution B) deterrence C) incapacitation D) rehabilitation Answer: C Page Ref: 507 Objective: Compare the arguments and the evidence of physical and psychological 371

impact of solitary confinement.

Level: Basic

372

16.2 True/False Questions 1) One of the reasons for the slowdown in the growth of incarcerated offenders is that many states have increased their use of alternatives to incarceration.

Answer: TRUE Page Ref: 487 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Basic 2) The state prison population slightly decreased in 2013.

Answer: FALSE Page Ref: 485 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Intermediate 3) Corrections policy is at a critical crossroad where tight budgets and politics intersect.

Answer: TRUE Page Ref: 488 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Basic 4) Key drivers of increased costs are inmate health care and salaries for staff.

Answer: TRUE Page Ref: 489 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Intermediate 5) Offenders can be diverted from prison either on the front end of sentencing or on the back end.

Answer: TRUE Page Ref: 491 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Basic 6) Many state correctional reforms have come from states' participation in the Justice Reinvestment Initiative.

Answer: TRUE Page Ref: 493 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Intermediate 373

7) In 2016, the United States had one of the lowest incarceration rates worldwide.

Answer: FALSE Page Ref: 495 Objective: Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

Level: Basic 8) Mass incarceration leads to better physical and mental health care for prisoners.

Answer: FALSE Page Ref: 496-497 Objective: Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

Level: Basic 9) The first private contract to house adult offenders was in 1950.

Answer: FALSE Page Ref: 498 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Intermediate 10) Correctional jobs are difficult to perform, and not every person who expresses an interest in corrections is suited for this type of work.

Answer: TRUE Page Ref: 508 Objective: Consider whether or not a career in corrections may be right for you.

Level: Basic 11) There is minimal controversy surrounding the privatization of prisons.

Answer: FALSE Page Ref: 499 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Basic 12) One of the challenges of having private prisons is the ethical concerns of an offender's freedom being taken away by a for-profit company.

Answer: TRUE Page Ref: 500 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Intermediate

374

13) A 2015 report by the Bureau of Justice Statistics found that on any given day, 15% of prison inmates were held in solitary confinement.

Answer: FALSE Page Ref: 505 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Intermediate 14) Over the past few years, the attention to solitary confinement has decreased.

Answer: FALSE Page Ref: 506 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Basic 16.3 Fill in the Blank Questions 1) Proponents of incarceration argue that ________ offenders in prison reduces crime.

Answer: incapacitating Page Ref: 487 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Intermediate 2) Many states have ________ their use of alternatives to incarceration.

Answer: increased Page Ref: 487 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Basic 3) The ________ and budget challenges at the federal, state, and local levels have had an impact on incarceration rates as governments try to reduce the cost of corrections.

Answer: recession Page Ref: 489 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Basic 4) ________-based practices are programs and policies that research finds effective.

Answer: Evidence Page Ref: 493 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Basic

375

5) ________ incarceration is generally a term used to refer to the fact that the U.S. prison population has grown dramatically over the past forty years, and the United States incarcerates a much higher ratio of people than any other country.

Answer: Mass Page Ref: 495 Objective: Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

Level: Intermediate 6) The 1980s growth in incarceration rate was largely drive by the increase in prison commitments by ________.

Answer: arrest Page Ref: 496 Objective: Identify the negative consequences resulting from mass incarceration, and compare the U.S. incarceration rate with those of other countries.

Level: Basic 7) A growing method used by correctional agencies to reduce their costs is to contract some services or the entire operation of prisons to the ________ sector.

Answer: private Page Ref: 497 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Basic 8) A(n) ________ prison is any secure correctional facility operated by an organization other than a governmental agency, and usually in a for-profit manner, that contracts with the government to provide security, housing, and programs for adult offenders.

Answer: private Page Ref: 498 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Basic 9) Solitary ________ is the practice of isolating inmates in cells for 22-24 hours a day, with limited human contact, usually for several months at a time.

Answer: confinement Page Ref: 505 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Basic

376

10) ________ status housing designates the housing for inmates whose continued presence in the general prison population would pose a serious threat to life, property, self, staff or other inmates, or to the security or orderly operation of a correctional facility.

Answer: Restrictive Page Ref: 506 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Basic 11) Corrections is a(n) ________ business, meaning that it is not the bars, fences, policies, or equipment that successfully carry out the goals of a correctional sanction.

Answer: people Page Ref: 508 Objective: Consider whether or not a career in corrections may be right for you.

Level: Basic 12) A(n) ________ in corrections is beginning work for a correctional agency with the intent of working in corrections until retirement.

Answer: career Page Ref: 508 Objective: Consider whether or not a career in corrections may be right for you.

Level: Basic

377

16.4 Matching Questions Match the term with the appropriate definition.

A) Overuse of prisons and jails beyond what is effective and necessary B) Programs and policies that research finds effective C) Practice of isolating inmates in cells for 22-24 hours a day D) Any secure correctional facility operated by an organization other than the government 1) Evidence-based practices Page Ref: 454 Objective: Multiple objectives Level: Intermediate 2) Mass incarceration Page Ref: 454 Objective: Multiple objectives Level: Intermediate 3) Private prison Page Ref: 454 Objective: Multiple objectives Level: Intermediate 4) Solitary confinement Page Ref: 454 Objective: Multiple objectives Level: Intermediate Answers: 1) B 2) A 3) D 4) C

378

16.5 Essay Questions 1) Explain why there has finally been a slowdown in the incarceration rate in the United States.

Answer: A large portion of the career criminals are incarcerated. Many states are using other alternatives to incarceration. Finally, government budgets for corrections are decreasing.

Page Ref: 487-488 Objective: Identify the forces that have caused an increase in the prison population and compare the population growth of the state prisons to that of the federal prisons.

Level: Intermediate 2) Discuss the key drivers of the increase in correctional costs.

Answer: Inmate health care and staff salaries are the two key drivers of an increase in costs.

Page Ref: 489-490 Objective: Explain the status of state budgets, the impact of funding for corrections, and the approaches states are taking to compensate for budget shortfalls.

Level: Basic 16.6 Critical Thinking Questions 1) Should inmates be subjected to solitary confinement? Explain your beliefs.

Answer: Answer should include discussion of the whether solitary confinement benefits are real, and whether the negative consequences on inmates are serious.

Page Ref: 504-507 Objective: Compare the arguments and the evidence of physical and psychological impact of solitary confinement.

Level: Intermediate 2) Provide support on your opinion regarding the comparable treatment of private versus government-funded prisons.

Answer: Answer should include discussion of the cost, liability, and possible quality versus quantity argument regarding private prisons.

Page Ref: 499-504 Objective: Identify issues debated regarding private operation of prisons, and compare the effectiveness of public versus private prisons.

Level: Intermediate

379