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Sociology of Corrections­ Week 1&2 01/15/2014 Reading Chapter 1,2,3. History of Punishment & Corrections Recap of Major Themes: - Correctional Change - The Early Days - Perspectives on Crime, offenders and punishment st - Punishment and Corrections in the Early 21 Century - Restorative Justice Correctional Change: - When does correctional change occur? When: - The severity of punishment is modified, how harshly we punish people - Explanations of criminal behavior change, how laws around certain behavior change - New structural arrangements are established, if we have the space to criminalize something, do we have the resources for these things (Ie. Prisons) - The number or proportion of offenders involved in the correctional process changes The Early Days: - Punishment by imprisonment was rare, prisons used as a means or place to store people while waiting trial or execution - Ecclesiastical prisons run by the Catholic Church, this is when we started to see prisons as a form of punishment - Fed them a strict diet and allowed them time for self reflection. - These Ecclesial run prisons were seen as early as the 6 century and were quite common by the th 9 century. - These prisons were unique because they kept the prisoner alive… at the time it was common place to torture until death or execute a criminal. First house of correction: - Built at Bridewell, in London, in 1557 England’s Bloody Code: - How at the time England believed there was a dangerous working class rising, hundred and hundreds of offences could be punishable by death (350) - Had belief that hard labor would fix or deter criminals - they would despose of a large number of criminals through transportation or banishment - Hulks were decommissioned prison vessels used to hold prisoners, we wont use our space on land, well push them onto boats to confine them PERSPECTIVES ON CRIME, OFFENDERS,AND PUNISHMENT Classical Conservative school: th - The Classical (Conservative) School, during the 18 century and age of enlightenment where we saw the shift of punishing the body to punishing the mind. Crime in terms of a rational choice, we can correct crime through social control. For a person to go ahead with committing a crime they must see the crimes benefits as outweighing the potential punishment… Looked at deterrence. Positivist Liberal School - The Positivist (Liberal) School, Started to see the scientific revolution start to influence criminology. Lombrosso and Garofolo were part of this school and looked for trends in criminals that could tell them apart from the rest, looked for fundamental differences (Science). Critical Radial School: - Focuses on power and control - Explanation of crime focuses on the exploitative nature of a capitalist society - Perspective first set out by Karl Marx The Objective of Punishment: PUNISHMENTAND CORRECTIONS IN THE EARLY 21 CENTURY: KEY ST FEATURES Risk Focused Society and Corrections: - The Risk-focused Society and Corrections, for example putting up cameras at a street corner, risk associated with that area so they try to catch it in this certain area instead of trying to find out why so many offender gravitate towards this area. Punitive Penology and the rise of Penal Populism - Punitive Penology and the Rise of Penal Populism, desire to assert more control over offending populations. - Laws that increase the severity of criminal sanctions. - Good example of this is a tough on crime perspective from the government Punitive Corrections in the United States: - Punitive Corrections in the United States, this has influenced Canada’s corrections, three strikes your out laws… theAmericanization of Canadian corrections.Also see this through mandatory minimums and the privatization of prisons. Often times ways we chose to deal with crimes is financially overbearing but don’t reduce the crime rate. - Shift from rehabilitation to retribution was a decision made on the political front, what would be done with criminals was made a political issue - Introduced get tough on crime policies like mandatory minimums, something we see mirrored in todays society. Crime Punishment and the Canadian Public: - Canadian public is not aware of the truths of crime, crime prevention and crime punishment. - Canadian public has little faith in the correctional systems ability to protect the public - For many media = number one source of information but the media gravitates towards sensationalized crime and doesn’t portray an accurate depiction of what real crime looks like. NIMBY - Not in my backyard syndrome - Idea that citizens of a community resist the idea of creating correctional rehabilitation facilities in their communities Restorative Justice: - Believes that criminal behavior injures not only the victim but also communities and therefore to restore the criminal act all of these parties must be involved. - Key factors are healing, reparation reintegration and prevention. COMPARISON: RETRIBUTIVE JUSTICEAND RJ PRINCIPLES COMPARISON: CRIMINALCOURT PROCESSAND RJ RJ: The Effectiveness: - Crime victims praise RJ programs that involve face-to-face victim-offender interaction Offenders involved in RJ programs are more: - Likely to assume responsibility, - Satisfied with RJ processes; and, - Likely to comply with RJ agreements than court orders - RJ is effective in reducing repeat offending among property and violent criminals - RJ is more effective than incarceration in reducing reoffending - RJ can improve community health and quality of life - RJ can reduce criminal justice costs and the amount of time required to conclude a case RJ Challenges: - Public perception that RJ is soft on crime - Lack of public awareness about RJ - Many RJ principles are unfamiliar to criminal justice practitioners, politicians, and policy makers - Preventing revictimization during RJ processes - Community dynamics may make it difficult to implement RJ programs Conclusion: - There are different explanations for correctional change - Imprisonment has not always been used as a form of punishment - There are competing perspectives on crime, criminal offenders, and what the objectives of corrections should be - RJ is an alternative framework for responding to criminal offenders Historical Change in Corrections Correctional change occurs when: 1) The severity of punishment of convicted offenders is modified, 2) Explanations of criminal behavior change 3) New structural arrangements are created 4) Rate of persons in corrections changes Evolution of Punishment: Before Middle Ages - Punishment, when it came to dealing with crime and criminality this was the first step, things like the death penalty - Crucifixion and drowning - Imprisonment was rare at this time, more of a focus on corporal punishment. Imprisonment as punishment - 1500s England - 1600s Continental Europe - Goal of punishment was always Retribution - 1700s à breakdown feudalism - People moving into urban areas - Death penalty à way to deal with the new dangerous classes which emerged from the industrial revolution, led to the bloody code Bloody Code: - “Bloody Code”, when more then 350 crimes could be punished by death as well as transportation (transported to other places around the world) and banishment - Banishment, Transportation Enlighten: - 18 Century, shift in western societies conception of the criminal act. Shift from the punishment of the body to the punishment of the mind come about due to the arbitrary reasons people were being physically harmed by the criminal justice system, humanitarian rise. - Corporal punishment à imprisonment Beccaria (“Essay on Crime and Punishment”) - Punishment should fit the crime, if the sanctions for criminal behavior were too harsh people would become bitter and not respect the laws and in turn would generate more crime. Bentham - Hedonistic calculus and the panopticon prison. - Hedonistic calculus was that people aim to derive most pleasure and least amount of pain… if pleasure outweigh the pain the crime looks more attractive to us. - believed that punishment must be certain and swift to punish the crime effectively. Punishment in Early Canada: - 1600s to 1800s - Punishment influenced by England and France - During this time sanctions were a lot harsher than today - Serious crimes – death penalty - Less serious crimes – branding, transportation, banishment, workhouses, fines, whipping, local jails - Punishments were made to deter individuals as well as the rest as society - Specific deterrence, deterring one person… general deterrence, deterring population - Public punishments (shaming, humiliation) example, pillaries where people got to throw rotten food at you while you were restrained American Penitentiary: - Canada followed suit whenAmerica Started building prisons, primarily influenced us to see imprisonment in the light we do today - 1700s à imprisonment as punishment - 1790-1830 shift in perception of crime, a result of community disorder or family instability - wanted to reform person to be a “useful citizen” - Walnut Street Jail (1790), optimistic in reformatory beliefs Pennsylvania System - Separate and silent system, kept out of sight of everyone else and expected to be silent and not move and if you did you were punished - Europe, SouthAmerica, Asia Auburn System - Interactive but still strict silence, no talking but you could spend time with one another … together during day light hours and at night you had your own cell. - United States and Canada Competing Models: Pennsylvania system - “Separate system” - solitary confinement - eat, sleep, work in cell - religious instruction - reflection upon crimes Reform through: - salvation - religious enlightenment - model for Europe - e.g. Walnut St. Jail New York system - evolved into “Congregate system” - hard labor in shops-day - solitary confinement-night - strict discipline - rule of silence Reform through: - good work habits - discipline - model for US-economical - e.g.,Auburn Prison, 1816 Canadian Penitentiary: Kingston Penitentiary 1835 - Developed because of the increased crime rates within the 30’s - penitenatries are where you hold most serious federal offenders. - Hierarchy of institutions - Auburn system (*silent system) - Expected to do hard work and preform labour and if you violated conditions you were whipped and women were sent to solitary confinement Goals of Penitentiary - Deterrence, to serve as a deterrent to the rest of the population as well as to correct criminals - Reform - Moral architecture - Separated by gender, offence, some prisoners got their own bedding and food while some did not. th - Kingston penitentiary closed September 30 at 177 years old and was older then Canada as a country. Brown Commission 1848-49 - George Brown led 1848 Royal Commission - Systematic inquiry into Kingston Penitentiary - Charges of mismanagement, theft, mistreatment of convicts - Recommended removal of warden - Primary purpose of prison should be the rehabilitation and deterrence using least force possible 1850- Early 1900’s - 1867 prisons in Kingston, Saint John, Halifax Hierarchy - Lockups, jails, prisons, penitentiaries - 1867 = Parliament of Canada - Two-year rule 1886 Penitentiary Act - Federal prison inspectors - Addressed Separate confinement females, mentally disordered, young offenders -1906 new PenitentiaryAct included provisions for inmates, could earn remission for good behavior and would allow people to leave prison early on good behavior Modern Reform 1920-1970: - 1930s harsh regimen of penitentiaries slowly changing - offenders given more Rewards for good behavior - In some institutions we saw some prisoners being able to communicate before and after work instead of the “Strict silence” Goals - Protect society BUTALSO reform, rehabilitation - started training correction guard better and sending them to programs Training, programming - Classification of offenders (Classifying to how much risk they pose) - Led to community correction programs - Corporal punishment until 1960s (strap/paddle) was used at both federal and provincial level to punish offenders. Post WWII - Move toward treatment model - Training to help people get back into society, education programs introduced as well as therapy and group therapy - 1948 Kingston psychiatric hospital opened - Became known as medical model, increased use of psychologists and psychiatrists - Criminal behavior symptom of illness - Diagnosis + Treatment = Rehabilitation - 1960s = height treatment model - More facilities, less inmates - Treatment teams - Visitation, education, training opportunities Medical/Treatment Model (1930s - 1960s) - Offender was physically or socially ill and some sort of medical procedure can be used to fix the person, looking at a treatment model as opposed to a punishment model. - Criminal behavior is caused by social, psychological, biological deficiencies that require medical treatment - first serious efforts to implement truly medical strategies aimed at scientifically classifying, treating, rehabilitating criminal offenders - e.g. “medical” programs & institutions - In the 1950’s we saw crimes being seen as a sickness with psychopath laws and sociopath laws Shift to Community Corrections - 1969 Canadian Committee on Corrections suggested treatment more effective in community setting, provided the expansion for a lot of the community based corrections facilities - 1970s: Canadian Penitentiary Service à Correctional Service of Canada - Medical model discarded, shift towards looking at statistically how can we incapacitate people so they don’t pose a risk - Regional health centers 1990 To Present: - 1990s: Federal vs. Provincial gov’t split - Federal: European model of corrections - Kingston Prison for Women closed - Increase Federal offenders under community supervision Provincial: Conservative ideology - “Americanization” see provinces deal with criminals based on the political views present, we see a more punitive shift for many petty crimes… except Quebec, keeps social justice or rehabilitative model in punishment - Exception: Quebec Community Corrections: Probation - 1889:Act to Permit the Conditional Release of First Offenders in Certain Cases - 1892: Probation in CCC, in itself could be used as a form of punishment - 1921: Report to officer, the role of the probation officer changes and we see it becoming more specifically outlines Parole (conditional release) - 1899:Act to Provide for the Conditional Liberation of Penitentiary Convicts, allowed them to leave prison and get sentence shortened based on good behavior - 1959 ParoleAct, this is where we see the development of the national parole board Historical Development in Response to Crime Cohen (1985) defined four historical developments: 1) Increasing centralization of the response to crime and criminals + development of bureaucratic institutions to carry out task, more organization within the federal and provincial level to deal with crime. 2) Classification of criminals through experts, rise in the new penology and being able to classify offenders 3) Construction of prisons and asylums as places of reform 4) Decrease in severity of physical punishment, increase focus on mind, more concerned with the decrease in recidivism Shift to crime Control Model: - 1970s onward - Using things like the war on drugs to be more punitive - With the “Americanization” of corrections - War on Drugs The Crime Control Model: - Less optimistic & forgiving view of man & ability of CJS to change them - We see an increase as a result of the public clamor for more punishment and punitive treatment. - Crime better controlled by more incarceration & strict supervision Number of precipitating factors - public concern over rising crime in ‘60s - disillusionment with treatment - public clamor for longer sentences - distrust of discretion given to authorities Criminological Theories: Classical School Of Criminology: - 1700s - Cesare Beccaria; Jeremy Bentham - Notion of free will - Hedonistic calculus - Not external or internal factors - Primary goal CJS: deterrence - General vs. Specific - Punishment “swift and certain” Positivist school of Criminology: - 1800s - Lombroso, Ferri, Garafalo - Lombrosso was the father of criminology and looked at atavistic traits of men and women, looked at the physical traits which he believed were tried to their criminality - Deterministic (social, psychological, biological, physiological) - Scientific method, looked at physical make up - Inherent differences between criminals and non criminals physically - Focus on individual, looked at their looks and physical makeup Competing Perspectives: (Same as Before just more Concise…) Issue Conservative Liberal Radical Prime Values “Law and Order” “Doing justice”; Equality “Doing good” Historical  Classical criminology Positivist criminology Karl Marx  Influences Deterrence (conflict/critical  criminology) Reason for  Social disorder Social injustices; Lack basic human Capitalism Crime Leniency needs How to stop  Reestablish social  Social order through reform; social Eliminate capitalism à  crime? order; increase cost of  programming; humane/just CJS;  new social order crime; traditional  rehabilitation values Focus of  Victim; Society; Free  Focus on individual offenders CJS repress lower  Corrections will classes; Focus on  system Strengths Role free will; Maintain Situational/environmental factors; Influence of power in  social order Rehabilitation CJS; Race and class Weaknesses Fails to acknowledge  Fails to consider free will; Ignores  Socialist agenda ignores  external causes of  potential role psych/bio factors public support for  crime criminal law; What about  victims? Issue Conservative Liberal Radical Prime Values “Law and Order” “Doing justice”; Equality “Doing good” Historical  Classical criminology Positivist criminology Karl Marx  Influences Deterrence (conflict/critical  criminology) Reason for  Social disorder Social injustices; Lack basic human  Capitalism Crime Leniency needs How to stop  Reestablish social  Social order through reform; social  Eliminate capitalism à  crime? order; increase cost of  programming; humane/just CJS;  new social order crime; traditional  rehabilitation values Focus of  Victim; Society; Free  Focus on individual offenders CJS repress lower  Corrections will classes; Focus on  system Strengths Role free will; Maintain Situational/environmental factors; Influence of power in  social order Rehabilitation CJS; Race and class Weaknesses Fails to acknowledge  Fails to consider free will; Ignores  Socialist agenda ignores  external causes of  potential role psych/bio factors public support for  crime criminal law; What about  victims? Brief History of Capital Punishment in Canada Capital Punishment in Canada 1865 Murder, treason and rape carried the death penalty in Upper and Lower Canada. 1961 - Murder was classified into capital and non-capital offenses - Capital murder offenses = mandatory hanging 1962 The last executions took place in Canada. 1966 Capital punishment in Canada was limited to the killing of on-duty police officers and prison guards. 1976 - Capital punishment is abolished - Replaced with a mandatory life sentence without possibility of parole for 25 years for all first- degree murders. 1987 - Amotion to reintroduce capital punishment was debated in the Canadian House of Commons and defeated on a free vote. 1998 - Canadian National DefenseAct = removal of death penalty - Replaced with life imprisonment with no eligibility for parole before 25 years. 2001 - The Supreme Court of Canada ruled, in United States v. Burns, that in extradition cases it is constitutionally required that "in all but exceptional cases" the Canadian government seek assurances that the death penalty will not be imposed, or if imposed not carried out. The Death Penalty: - Hanging executions are now widely recognized as cruel. Of the 84 nations that still employ the death penalty, lethal injection is the most commonly used method. - Since the 1970s, methods employed in the United States have been electrocution, hanging, lethal injection and firing squads. Sociology of Corrections: Week 3 01/15/2014 Reading Chapter 4 Sociology of Corrections - Studies show that 75% of citizens view sentencing as too lenient - As a response sentencing has continually become more and more tough, example more people on remand and the abolishment of the 2 for 1 deal Correctional Institutions - The prison is one of the most visible and controversial components of corrections - Federal and provincial/territorial systems of corrections spend the largest proportion of their budgets on institutions. - Only five percent of those who come to the attention of the criminal justice system are ultimately incarcerated for their offences - Only five percent of those who become visible to the CJS are incarcerated, this related back to the crime funnel where not all the crimes are happening are coming to the attention of the police and being charged etc. - Many crimes being committed are petty and don’t warrant incarceration periods. Federal Correctional Institutions Federal correctional facilities are categorized into the following security levels: minimum-security institutions - move freely, outside not gated. Only security was taking away shoes to deter them from leaving the facility… not regimented. medium-security institutions - gated but have more freedom than max - maximum-security institutions- general movement is restricted, gates and video surveillance. Limit movement of prisoners so that they don’t overcome the guard ratio Special Handling Unit (SHU) - Canada only has one of these in Quebec. - Canada’s highest security or the super max prisons where inmates might be considered for transfer if they have caused or likely to commit acts of violence or threats within the prison system. These people are likely to cause serious bodily harm to those who they are surrounded with Sociology of Corrections: Week 3 01/15/2014 - People convicted or suspected of terrorism are also put here - People can asked to be transferred to this themselves, most of the time the applications are made on their behalf. - presents very specific issues with offering services so they limit the eamount of social interaction even with education programs, though these inmates might show the most need for the service. - Example of how they are able to take part is the teacher and students all being in their own bullet proof wickets, where there is 5 students and one teacher.Also have other things such as instructional videos to supplement the educational programs. - Education through TV has been around since 1894, where they follow along through monitors in their own cell. Sociology of Corrections: Week 3 01/15/2014 - multi-level institutions Provincial/Territorial Institutions - Provinces/territories make more extensive use of maximum-security institutions, primarily because of the responsibility for housing persons who are on remand or sentencing - Provinces operate 160 facilities, we use maximum securities at the provincial level because people on remand haven’t been analyzed so its better to keep them over supervised then under supervised. - According to Gartner, Webster and Doob (2009) there is a growth of women in custody on remand and that although the amount of women incarcerated has increased they found that a big chunk of the women being “incarcerated” are just being held on remand.. - held on remand because they pose a threat to society while waiting for their court date but women are committing crimes that are less serious? Gaps in the information? Youth and Custody Youth Correctional Supervision Programs include: - Sentenced custody, both open and secure custody, most sever sentence… can only be sentenced if they have committed a serious violent offence or if they are a repeat offender. - Remand, pretrial detention - Community supervision, administered under the jurisdiction of the province - Provincial/territorial agencies as responsible - Probation = the sentence, what the judge gives you - Parole= getting let out of your sentence early and serving the rest in the community Correctional Institutions Aboriginal Healing Centres and Lodges - The federal government has entered into agreements with First Nations groups across the country to develop and operate healing lodges - They act under the CSC but not strictly controlled by the CSC or first nations operations, its joint management - CSC stands for correctional services of Canada - Introduced new concept of healing lodges to have corrections which reflect the first nations belief. Supposed to incorporate traditional belief system. Sociology of Corrections: Week 3 01/15/2014 - able to take part in traditional ceremonies while in the correctional facility and element of community interaction and placed on the belief that they can learn from the role models or traditions - Pê Sâkâstêw - a minimum security facility located near Hobbema,Alberta on the Samson Cree Nation - Accountable to a governing council composed of Elders and other First Nations representatives. - two important considerations on creating these is that the traditional system couldn’t offer what the aboriginals needed as well as the overrepresentation of aboriginals in jails. - suggested that they are incarcerated 35 times higher than the general Canadian population. - These lodges have shown higher success rates for aboriginal rehabilitation Security and Escapes - Prison escapes are quite rare, not as sensationalistic as we would think - Majority of people escaping are people walking out the door of minimum security institutions or not coming back on time from appointments. - Those who are near to the end of their sentence or have some freedom are the ones with the greater risk of “escaping” - Federally, most involve inmates walking away from minimum security facilities. - Provincially, the majority of “escapees” are offenders who fail to show up to serve weekend, intermittent sentences - Not much research on escape behaviour. PrisonArchitecture What is meant by the MORAL ARCHITECTURE of correctional facilities? - Intent of this design which was the first design in Canada was to reflect themes or order and morality What is the objective of the new ‘moral architecture’in federal corrections? - To be able to promote positive group interaction amongst small groups of inmates, develop interpersonal skills. - Also to encourage offenders to become more responsible - To prepare inmates for eventual release. Moral Architecture & Youth Crime What problems do you think can arise from teaching values and morals?Are they static and unchanging? Sociology of Corrections: Week 3 01/15/2014 - Values and morals change through history based on a number of factors, though we perceive them to be universal mean different things to everyone. - Juvenile DelinquentAct of 1908 criticized for being chalked full of discrimination and systemic abuse. - Eg. Morality standards - Eg. Status offenses - Young OffendersAct of 1984 and the abolition of status offenses unfortunately didn’t help matters, we saw them become charged with more administrative offences, using different ways of controlling young peoples morals, attitudes and beliefs. Correctional Institutions The Future of Prison Architecture in Canada? - The CSC Review Panel (2007) recommended that they should move away from constructing these small stand alone structure and moving into more of a regional complex approach, contains accommodations for all security level offenders. - All different pods or facilities joined but kept separately - These new recommendations represent theAmericanisation of out criminal justice system at the federal level which we have also seen at the provincial level. Bill C-10’s Influence on Prisons - Safe Streets & CommunitiesAct (SSCA) - American-esque type policy, more strict punishments for youth and adults with the intro of more mandatory minimum sentences - Has also been called the omnibus crime bill or Bill C-10 - Conservative politicians rally behind tougher legislation to protect society, idea of boot camps and treating people in more of a retributive fashion as opposed to rehabilitative - Passed in March 2012 What are the potential implications for Canadian corrections? Correctional Institutions The Attributes of the Modern Prison: - PrisonsAreAsked to Pursue Conflicting Goals, goals of the criminal justice system versus those who are operating and have conflicting goals of having to protect public versus rehabilitation Sociology of Corrections: Week 3 01/15/2014 - PrisonsAre Political and Public Institutions, - PrisonsAre Total Institutions Total Institution is “a place of residence and work where a large number of like-situated individuals, cut off from the wider society for an appreciable period of time, together lead an enclosed, formally administered round of life” (Goffman, 1961 qtd in our text). - suggested life in the total institutions means your entire life is regimented and supervised by one authority so everyone in there is living the same life. - Something like a hospital can also be looked at as a total institution. - Canada represents a ‘continuum of correctional institutions’ Prison Organization: Institutional Management Models - Federal versus Provincial Management Models - Federal is structured around n institutional management model - provincial is structured around the unit. The Legislative and Policy Framework - All correctional institutions operate within a legislative and policy framework. - Federal institutions are subject to the Corrections and Conditional Release Act (CCRA) and other legislation, guidelines, regional instructions, standing orders, post orders, and policy manuals. Correctional Institutions Challenges of Running Correctional Institutions: - Meeting the Requirements of Legislation and Policy, this can change and pose problems in keeping up to date - Managing Staff - Overcrowding, we are 180-200% over capacity which leads toe extra violence in prisons - Facilitating Rehabilitation - Inmate Gangs - Ensuring Inmate Safety - Spread of communicable diseases Inmate Gangs Sociology of Corrections: Week 3 01/15/2014 - Represent a threat to correctional facilities, inmates and guards. CSC did a survey of USA correctional systems and management strategies: - Segregation & isolation of gang members including the use of gang-only housing as a way to prevent other being recruited into gangs - Likewise there would be gang free prisons. - They found them to be effective but many prisons didn’t hold any protocols to deal with gangs in prisons. - Although they have positive short term effects they haven’t been evaluated fully HIV/AIDS and Infectious Diseases - John Howard Society of Metro. Toronto conducted Canada’s first assessment ofAIDS needs among the prison population. - Undertook Education system in prisons (Condom kits; bleaching kits; prison exit kits; needle exchange) - Study showed that prisoner knowledge about HIV/AIDS was low - harm reduction is the idea that if we cant stop the actions we should at least make them safe, ie. Providing clean needles. - No research showing that giving people these resources makes them use more. Possible recommendations from an American study: - Education; Screening (Upon entry, what their status was when it came to drugs); Housing (facilities that only include prisoners with these diseases, but this would be controversial) decisions; Professionalism. - Education should be compulsory, and the prison population should be involved in the facilitation of this program, sort of like mentorship from older inmates to newer. The Prisoners HIV/AIDS SupportAction Network (PASAN) - Established in 1991 - Consider dealing with aids a human rights issue - HIV/AIDS education, support, and advocacy to prisons ex-prisoners, young offenders and their families. - 40% of prison pop is Hep c Positive and 10% is HIV positive. Correctional Institutions Prison riots: Sociology of Corrections: Week 3 01/15/2014 - Prison riots result from a culmination of a unique set of circumstances and events and are symptomatic of a breakdown of policy and practice - Minor disturbances are often the result of cutbacks in programs or changes in institutional policy Correctional Institutions Private Prisons? - Governments are looking for more cost-effective ways to operate institutions and to lower rates of re-offending - The private sector is most extensively involved in the design, construction, and management of prisons in the United States, Puerto Rico, Britain, andAustralia. What do you think? Should there be private prisons in Canada? Pros: Cost-effective; more flexible than gov’t run institutions; more accountable to gov’t review; etc. Cons: Prison industrial complex; reinforces public fear for private-sector involvement; punishment for profit; low-paid staff 21 Century and the High Tech Prison - The exponential growth in high technology, combined with the needs of governments to operate prisons cost-effectively, has led to the emergence of the high-tech prison in Canada. - Although institutions utilizing high technology may be less expensive to operate, high costs may occur in other ways: - Technology may improve security, but it also reduces contact between correctional staff and inmates Classification & Treatment 3 major trends in offender classification and treatment: 1) The increasing use of sophisticated risk/needs assessment instruments; 2) The increasing domination of treatment research, policy, and programs from a psychological perspective; and Sociology of Corrections: Week 3 01/15/2014 3) Adifferentiated treatment approach for women,Aboriginals, and specific categories of offenders such as sex offenders. Classification and RiskAssessment - Classification is the process by which inmates are subdivided into groups based on a variety of considerations. - Offenders have a variety of criminogenic needs that must be addressed within the institution and in the community. Classification Tools and Techniques - Avariety of instruments are used to conduct psychological, substance abuse, vocational and educational and family violence assessments. - Various factors are considered in determining the inmate’s security level. What do you think? It was noted in Chapter 1 that a key attribute of institutional populations is their marginality. Many treatment interventions are designed to improve the education and skill levels of inmates and to address problems of addictions. White-collar offenders, however, generally have few marginal attributes. This raises the issue as to whether offenders convicted of white-collar crime such as stock fraud, need to be rehabilitated. Risk analysis used to determine: - Which facility the offender should be confined or moved to; - to identify the offender’s treatment needs - to identify offenders who require higher levels of support, intervention, and supervision upon release; and - to assist in release decisions. Risk Assessment - Corrections personnel generally consider: - static risk factors & dynamic risk factors - The determination of risk, then, is the result of combining static criminal history information with dynamic (or criminogenic need) factors. Criticisms of Risk Assessments? - Inequality embedded into the statistical tools Sociology of Corrections: Week 3 01/15/2014 - gendered, racist, ageist, and classical assumptions - The Canadian Elizabeth Fry Societies have called attention to the unequal ways women and men are classified. - ie. Risk to self versus risk to others Case Management The primary goals of case management are to: 1) provide for systematic monitoring of the offender during all phases of confinement; 2) facilitate the graduated release of offenders into the community; and 3) prevent reoffending by the inmate upon release into the outside community The Correctional Plan - Determines the offender’s initial institution placement, specific training or work opportunities, and release planning. - Identifies program needs - Sets out benchmarks, including parole eligibility dates and likely program entrance dates - Provincial (release planning) vs. Federal (takes place over much longer period) The Role of Federal Institutional Parole Officers - In federal corrections, institutional parole officers (IPOs) have primary responsibility for case management. Duties include: - assessing offender needs, as well as behaviours or attitudes that have contributed to their criminal behaviour; - developing intervention plans to address these attitudes and behaviours Institutional Treatment Programs - The most common types of treatment programs in federal and provincial/territorial institutions focus on: - living skills, anger management, substance abuse, family violence, basic education, and vocational training/industries - Federal vs. Provincial/territorial programming Institutional treatment Programs: Living Skills Programming; Sociology of Corrections: Week 3 01/15/2014 - things like parenting skills, learning to control anger and emotions Violence Prevention Programming (VPP); -directed towards inmates who have been associated with having a high risk in engaging in violent behaviour, based on cog. Behavioural programs - All have to make a violence prevention plan which they would go through steps to avoid triggers of violence SubstanceAbuse Intervention; - one called Offender substance abuse pre-release programs (Federal Program), attempts to alter patters of substance abuse and decreases likelihood of drug abuse. - Ahigh percentage of inmates have a history of substance abuse and, for many, alcohol and drugs are directly related to their criminal history Family Violence Programs Literacy and Education Programs - As many as 2/3 of inmates admitted to correctional institutions test at or below grade 8 levels in math and language - Most institutions offer secondary education and basic education to enable inmates to have jobs - Can also offer some universities courses through correspondence, at the expense of the inmate Vocational and Work Programs - Work programs within the institutions - CORCAN; primary mandate is the marketing and production of products made within the prison and sold to general public - idea is to provide population with work experience, they can add this to their resume. Religious Programs Community Service Projects andActivities - Giving Back to the Community CORCAN –federal gov’t agency Sociology of Corrections: Week 3 01/15/2014 - The legal mandate of CORCAN as defined in the Corrections and Conditional Release Regulations (Sections 105-108) is to ensure that inmates who participate in CORCAN activities are fully, regularly and suitably employed in a work environment that strives to achieve private sector standards of productivity and quality. - CORCAN only employees approximately 15% of inmates across the prisons it is in, there Is a waiting list for involvement Types of work: -agricultural farms, wood and metal shops, construction services, textile shops, printing shops, laundry, forestry and other services. CORCAN and CSC Values 1. Dignity of individuals 2. Offender as potentially law-abiding 3. Human interaction as integral 4. Sharing of ideas and knowledge 5. Must operate in an open fashion and be accountable Responses to Prison Work Programs Recent moves to have prisoners pay for their room and board. - Pay is below poverty level. - Should they be asked to give a portion of their earnings to be housed and rehabilitated? - Are we just further punishing people with some aspects of prison work? Institutional Treatment Programs - Sex Offender Treatment Programs - As a group, sex offenders are difficult to treat, particularly those classified as high risk. This is due to various factors. Effective Correctional Treatment 5 core principles that provide the basis for effective correctional treatment: 1) The Risk Principle, risk should be matched at program level 2) The Need Principle; taking into consideration the needs of offenders. 3) The Responsivity Principle, intervention much be matched with learning style or learning abilities 4) Professional Discretion; should be able to apply the tope three principles Sociology of Corrections: Week 3 01/15/2014 5) Program Integrity; adherence to treatment models by qualified professionals. There are a number of additional related factors that may enhance treatment effectiveness: 1) Correctional Officers and Correctional Staff; in order to continue effective treatment staff must be onboard with the training 2) Matching Inmate Needs with Programs; - “Differential treatment effectiveness” 3) InmateAmenability to Treatment; not all inmates are receptive to treatment… different inmates will display different levels of motivation - “Differential amenability to treatment” 4) Continuity of Treatment Interventions from Institution to Community; due to a lack of resources, can lose your eligibility to take part in these programs once your no longer associated with the system “Nothing Works” vs. “Some Things Work”: The Legacy of Robert Martinson (1974) Some treatment programs work to reduce the re-offending of some offenders: - direct treatment services are more likely than criminal sanctions to reduce recidivism; - effective treatment programs follow the principles of risk and need; and, - treatment programs using a cognitive-behavioural approach have considerable promise There are a number of potential obstacles to the delivery of effective treatment programs in correctional institutions. These include the following: - Punishment versus Treatment - Doing Time and Doing Treatment - InmateAccess to Programs and InmateAttrition (Attrition= people start then trickle off) - Program Fidelity and Program Drift - Lack of Continuity Between Prison Treatment Programs and Community Treatment Programs - All programs use cognitive behavioral programing 01/15/2014 Sentencing Introduction: - The Canadian Court System - The Purpose and Principles of Sentencing - The Goals of Sentencing - Sentencing Options - How Judges Decide - Circle Sentencing:ARestorative JusticeApproach - Restorative/Community Justice - The Effectiveness of Sentencing The Canadian Court System; Federal Court: - ConstitutionAct of 1867 authorized Parliament to establish a general court of appear for Canada - The Supreme Court of Canada serves as the final court of appeal in Canada. - Hears appeals from decisions of the appear courts as well as from the Federal Court ofAppeal. Supreme Court judgments are final. 01/15/2014 - Decides important questions regarding the Constitution and controversial and complicated areas of private and public law. - Federal Court, the Federal Court of Appeal and the Tax Court. Provincial and Territorial Courts: - There are two levels: provincial and superior courts - Provincial Courts try most criminal offences - Specialized courts, courts that deal with specific offences, example drung offender court of mental health court - Superior court is the highest level in a province and has the power to review the decisions of the provincial or lower courts. - Trial level, is where the judge and jury hear your story and the judge makes a decision regarding sentencing. - Appeal level, where the already convicted and sentenced person goes to fight the decision made based on their sentencing - Do these courts try both civil and criminal cases? 01/15/2014 Administrative Boards and Tribunals: - Many administrative rules and regulations are often dealt with outside the formal trials. - Procedure before these admin. Bodies is usually simpler and less formal than in the courts. - Can the courts review their decisions? Civil and Criminal Cases - Civil case –private case or a ‘suit’ - Acivil action or suit can be started when individuals or corporations disagree on a legal matter. - Can also result from damage to property or physical injury. - Pleadings à discovery à trial - Decisions, Remedies (called ‘damages’), and ‘injunctions’ Criminal Cases: - Criminal case –public-law statute - Acrime is considered to be an offence against society as a whole. Criminal offences are set out in the Criminal Code or in other federal laws. -Divided into ‘summary conviction’ and ‘indictable’ offences (also, some are known as ‘hybrid’ or ‘dual-procedure elective’ offences). - Summons vs. an arrest - Asummons is when you are ordered by the court to appear… an arrest is when police officers physically bring you to the court. - Bail hearings or ‘show-cause’ hearings when the accused appears before the judge after they have been convicted and gives the judge reason why he should be released until his trial date as opposed to staying in on remand Criminal Trial: - Both common law and the Charter provide protection (ie. ‘beyond a reasonable doubt’ is an example of a protection). - Decisions in criminal cases can go two ways - If the accused is found not guilty, she or he will be acquitted - If the accused is found guilty of a crime, the judge must decide on the appropriate sentence. - Judges may impose many different kinds of sentences or a combination of penalties that may include: a fine, restitution, probation, community service, imprisonment. 01/15/2014 - Sentence of 2+ years = Federal Prison - Sentence of >2 years = Provincial Prison - All decisions can be appealed Restorative Justice and Youth Justice: - Restorative justice places emphasis on the wrong done to a person as well as the wrong done to the community. - The goal is to restore the relationship or fix the damage that has been done while preventing future crimes from occurring. - Youth Justice - YCJA in 2003 applies to 12 to 17 year olds. - Young people lack the maturity of adults. - Declaration of Principle - Special youth courts to conduct proceedings. Do youth courts have the power to impose adult sentences? - Decisions/Remedies/Sentencing: ‘extrajudicial measures’ or more formal measures The Purpose and Principles of Sentencing: - Section 718 of the Criminal Code: - Denounce - Deter - Separate - Rehabilitate - Provide reparations - Promote offender responsibility, acknowledge harms Goals of Sentencing: Utilitarian; focuses on future conduct of the offender. Focus on protecting public from future crime. - general vs. specific deterrence, deterring others form committing the crime and then deterring the offender from re-committing the crime. - Rehabilitation, addressing the reasons why the person committed the crime - Incapacitation, keeping the offender in jail to protect society Retributive - focuses on the past rather than the future 01/15/2014 - Denunciation, expressing societies disapproval for the behaviour - Retribution, make the offender pay for his bad behaviour Restorative - Victim offender reconciliation programs, circle sentencing and family group conferencing - Assumption that criminal acts injure not only the victim but the community and offender Sentencing Options: Absolute discharge - Offender found guilty but not convicted and it set free with no criminal record Conditional discharge - offender found guilty and released under conditions that he or she obeys the probation order. - If they do not obey the probation order they return to court and are sentenced for the original crime are sentenced a incarceration term. - These discharges will not be considered a criminal record. 01/15/2014 Suspended Sentences - Offender is convicted of the offence but the sentence is suspended based on the successful completion of a probation period - Placed on probation for up to three years. - Not considered a final sentence. Fines - Can be ordered on its own or in addition to probation or imprisonment. - Offender required to pay a certain amount of money in a certain amount of time or face imprisonment Probation - Ordered on its own or in combination with other sentences. - Maximum length is 3 years. Conditional Sentence of Imprisonment - Sentence of imprisonment that is served in the community under supervision of a probation officer (Up to 2 years) - Introduced in 1997 and only available for certain types of offences. - In 2008, additional restrictions were added, must meet certain conditions example, attend school orAA meetigns Imprisonment - Summary conviction offences (or hybrid if…) max imprisonment sentence is 6 months. - Indictable offence (or hybrid if…) max imprisonment sentence is 5 years. - Concurrent - Consecutive, all at one time - Intermittent, example weekends - Imprisonment under two years = provincial - Imprisonment for more than two years = federal - Sentence of > 2 years is eligible for remission - 1 day for every 2 days served - Determinate sentence (other than life) is eligible for statutory release. - Sentences of < 6 months eligible for parole and may apply. 01/15/2014 Judicial Determination –Section 743.6 of the CCC gives sentencing judges the authority to impose (on some offenders) receiving sentences where parole is only possible after half of their sentence is served. Sentencing Aboriginal Offenders: - Section 718.2(e) of the Criminal Code - Goal: reduce the overrepresentation ofAboriginal people in correctional institutions R. v. Gladue (1999) (1) Consider unique systemic or background factors (2) Specific sentencing procedures and sanctions that may be more appropriate Life Imprisonment: - Death penalty was abolished in 1976 - Replaced with mandatory life sentence without possibility of parole for 25 years - “Eligibility” to apply for parole meaning…? Factors Considered in Sentencing: - Aggravating circumstances; facts about offender or offence that are negative and add more time to sentence - Mitigating circumstances; factors that are positive and decrease severity of offence. - Case law precedent; judges consider previous sentencing decisions from similar cases - Pre-sentence reports; prepared by probation officer to present information on offenders background to the judge such as special needs, it also has sentencing suggestions the judge could consider. - Victim impact statements; Contain information on the harm done to the victim - Psychological assessments; address the mental health and state of an offender - Aboriginal offenders ; section 718.2(e) requires judges to consider alternatives to incarceration for aboriginals. Circle Sentencing: - Former Yukon judge Barry Stuart was the first in Canada to implement the practice in a 1992 case, R. v. Moses. - About community building and healing. -One’s philosophy on sentencing will determine their comfort or discomfort with sentencing circles. 01/15/2014 - The authority to order a sentencing circle comes from the judge’s power of the sentencing hearing. The power remains with the judge and they may choose not to follow the recommendations of the circle. - Certain criteria must be met for ordering a circle. Such as? - Dependence on a community characteristics on if appropriate Circle Sentencing Versus CJS The Collaborative Justice System: - Began on September 1, 1998 as a demonstration project at the Ottawa Provincial Courthouse. - Purpose was to demonstrate that the application of a restorative justice approach in cases of serious adult or youth crime would provide for a more satisfying experience of justice for all parties involved. - Referrals by a number of sources including: judges, Crown attorneys, defence counsel, police, probation officers. - Result: more satisfying justice for the victims, the accused, and the community The Effectiveness of Sentencing: - The certainty of punishment has the most significant deterrent effect on offenders and others - Sentencing is not always consistent 01/15/2014 - Matching sentences to individual offenders is an inexact science - Continuity from criminal courts to corrections does not always exist - Circle sentencing and peacemaking are potentially effective Conclusion: - Sentencing is the beginning of the correctional process - There are three primary groups of sentencing goals: utilitarian, retributive, and restorative - Canadian judges have a variety of sentencing options to choose from - Circle sentencing is an alternative, RJ approach to the traditional criminal courts Critical Response Question: 1. Discuss Criminal Code Section 743.6, which pertains to judicial determination for offenders receiving a sentence of imprisonment of two years or more. Identify and discuss the objectives of this section. Explore three possible consequences of offenders having to serve one-half of their sentences — rather than one-third — before being eligible to apply for parole. Consider the possible consequences for correctional employees, as well as offenders themselves. 2. Discuss Criminal Code Section 718.2(e), which pertains to the sentencing ofAboriginal offenders. Identify the objective of this section of the Criminal Code and what it requires judges consider when sentencingAboriginal offenders. Explore the case of R. v. Ipeelee (p. 70) and discuss whether you agree or disagree with the Supreme Court of Canada’s decision in this case. Explain why you agree more strongly with the majority of justices or with the dissenting judges. 01/15/2014 01/15/2014 Crime Control and an Industry Afew Things: - Rule of law and due process - “Rehabilitation” as the purpose of punishment - Principle of less eligibility: People living in prison shouldn’t be living any worse than those at poverty level Outcomes of imprisonment - Intended; material deprivation, keeping people off the streets, taking away someone’s freedom - Unintended; strengthening of criminal codes, increasing use of violence and gangs within prisons, people learning new criminal skills, impacts on inmates health Ideological Framework - Prisons prevent us from recognizing the social structures that lead to crime. For Christie, he suggests that it prevents us from recognizing the role racism and capitalism play within crime control. - Prison releaves us of dealing with the problems of society and therefore we are not effectively dealing with social issues, says the rise in the USA prison rate is directly related to the industrialization… example, as the incarceration rate goes up the number of citizens employed is decreasing - Most reforms: how to produce a better prison system as opposed to how to eliminate social issues that lead to crime. - We create these prison systems to ddeal with people who are unable to find jobs Crime control as Industry: Nils Christie - Prison industry as good for capitalist society. - Prison as industry serves two specific types of services according to Christie. Both profited work on the one hand and on the other it controls the dangerous classes. - Suggests limits of growth are man made, we create how many people we end up putting in jail, they are not based on statistics. - He would suggest the governments end up controlling the definitions and punishment’s of crime saying who will be punished and for how long. - Paul Wright’s Three Strikes Racks ‘em Up discusses the three strikes laws in the USA. - If you commit three indictable offences you get life imprisonment (3 strikes your out law) 01/15/2014 - Paul Wright says that these lws scoop up lower class and coloured people more than middle class white men and therefore these laws and their effectiveness is questioned. Themes: - Nils Christie, Crime Control as Industry - Level of imprisonment not largely dictated by levels of crime. We know crime is going down but much of our imprisonment is going up? The severity is also going down tehrefor epoeple are being incarcerated for less serious crime - Imprisonment impacted more by cultural and market characteristics, including history and geography. - Eg. Finland, this is where political and cultural factors influence the imprisonment and rates decline 01/15/2014 - USA is the worlds leading jailer USA Correctional Supervision Population 2002-2012 USA Correctional Population 01/15/2014 USA Prison Population by Race Human Rights Watch 2013: - Critiques the U.S. prison system (largest in the world at 1.6 million) and says that it “partly reflects harsh sentencing practices contrary to international law”. - Cites that practices like the death penalty, juvenile life-without-parole sentences, and solitary confinement are against human rights principles and that racial disparities are far too common. - Research from 2012 suggests massive over-incarceration. - The document tracked more than 90 countires to see if they were following human rights laws What’s the Situation in Canada - Correctional Investigator Howard Sapers reports in 2013: - Number of visible minorities in Canadian prisons has increased by 75% in the past decade while the number of Caucasians has declined. 01/15/2014 - Canada’s prison populating is at its highest level ever even though the crime rate has been decreasing. - Nearly a quarter of inmates are indigenous even though they only make up 4% of the population. How much has it increased for indigenous women? - “The growth of the custody population appears to be policy, not crime driven.After all, crime rates are down while incarceration rates grow”. - So, if crime rates are decreasing… why is the incarcerated population growing? Mass Imprisonment and Profits: - Generates profit - Reproduces the conditions that lead to prison - Deindustrialization of the economy, reached its peak in the 80’s and 90’s … if we looked at the stats around the recession, incarceration went up - Why is there a decline in crime rates, but an increase in prison populations? - USA Example: Corrections Corporation ofAmerica Big bucks: - Canadian Corrections account for at least $4 billion in annual expenditures (’09) - Convicts and various critics often refer to this as the Punishment Industry. - Nils Christie, Crime Control as Industry. - What does it cost to imprison a federal inmate? - Aprovincial inmate? - To supervise a federal parolee? - To supervise an offender on probation? - (Based on 2010 Statistics Canada data) Cost of Crime Versus Cost of incarceration - Washington votes passed Initiative 593 – the 3 Strikes law (in 1993) – by a three to one margin – by 2004 similar laws present in 26 states. - Eliminated ‘good time’ and other reductions in sentencing. 01/15/2014 - Example: Larry Fisher in 1994 was convicted in of his third strike. Sentenced to prison for rest of natural life, convicted for putting his finger in his pocket and pretending he had a gun and robbing a sandwich shop for 151.00, previous three strikes were both robbery all including up to 611.00 Three Strikes Laws of the USA - Lower classes will be affected the most by these laws. - Has ties to the ‘War on Drugs’ which will be discussed later. - Eg. Michigan has life without parole for those caught with 650 grams of heroine or cocaine. - Fear propels the ‘get tough’ rhetoric - Georgia ahs proposed 2 strike laws and California has proposed 1 strike laws for certain crimes. New Penology “The war on drugs is… a war on attributes correlated with drug use: being young, being from inner cities, exhibiting lifestyles unacceptable to the middle class. By fighting drugs – certain drugs, not alcohol or sleeping pills – a large proportion of the dangerous classes will be in the catch” (p. 69) The Colour of imprisonment - Close to half of the prison population in the USA isAfricanAmerican - Over-representation is steadily increasingas opposed to decrease… a direct result from the war on drugs - In Canada the dangerous class is theAboriginals - Impact of “War on Drugs” - Canada =Aboriginal populations USA Incarceration Rates Based on Race 01/15/2014 - Amongst all age brackets the non whites are far more represented in the prison system. USA Population vs. Carceral Population, by Race 01/15/2014 Income Inequality & Incarceration by Country (Wilkinson & Pickett, 2009) - Christie talks about how income inequality and incarceration rates go hand in hand - You can see that in the chart above Social Eugenics - Ties mass imprisonment with Eugenics or the view to eliminate non-desirables from society. Says prisons are moving in the same direction because they are removing unwanted populations from society - Some of have suggested that we can make theoretical (if not overt) theoretical ties to the notion of eugenics. 01/15/2014 - Hilter’s “purity of stock” - Control dangerous classes Privatization - Says this is one of the markers of the prison industrial complex - Privatization of prisons - Changes in federal drug laws and increased convictions with mandatory sentences à overcrowding - Lagging economy à decreased revenues for building new prisons Specialized corporations (Main corporations inAmerica) - CCA (Corrections Corporation of America) - GEO Group (formerly Wackenhut) GEO and CCA Revenue Privatization Justification - Sold on the basis of costs to the State. Operate on turn key approach which means corporation will do everything when building the institution and then they staff it… you turn the key open it and then suddenly there is a prison … state will start filling it and they corporation will get paid by prisoner - Advocates guarantee for investments - Sustain political interest in products Canadian Example of Privatization - Truth in SentencingAct, 2010 Expanding the Industry: 01/15/2014 - Initially responsible for building and running private prisons - Contract programs and services include things like health care which can be contracted out for profit so private companies can also generate a revenue The Punishment Industry (What Criminologist call it ) - In many ways, the institutions of corrections have the ability to influence and greatly alter the marketplace. - This is why they go for communities with a lot of unemployment to generate an economy Vendors: - Many large corporations have contracts supplying prisons with food, cookies, meat substitutes, health care, and contract work. - Data entry, reservations, make circuit boards, lingerie - No unions, no health benefits, no workman’s compensation, no language barriers, all these things that would come with government prison jobs don’t come with private corporation jobs. CorrectionsAdvertising: - In the USA you’ll see a lot of advertisements for building prisons. Three main categories of advertisements: - Building of prisons - Equipment for prisons - Running of prisons Advertising Example: 01/15/2014 The Prison Industrial Complex “For private business, prison labour is like a pot of gold. No strikes. No union organizing. No health benefits, unemployment insurance, or workers compensation to pay. No language barriers, as in foreign countries. New Leviathan prisons are being built on thousands of eerie acres of factories inside the walls. Prisoners do data entry for Chevron, make telephone calls for TWA, raise hogs, shovel manure, and make circuit boards, limousines, waterbeds, and lingerie for Victoria’s Secret, all at a fraction of the cost of“free labour”.” - Linda Evans and Eve Goldberg (1997) - This ties directly to CORCAN, people being paid less than minimum wage to work while in prison. American Prison Labour - Slaves of the state (Wright, 1995) - he talks about prisons as factories with fences … literally a work industry that cant leave - Multi-million dollar industry - Chritsie would argue it’s the industrial drive that creates the ideas of prisoners as commodities to make commodities within prisons. Opposition groups: - Minimum wage MINUS prison fees - Exportation of products to avoid regulations affecting profitability and competition - “Rehabilitation”? Prison as a hotel: - Privatization of prisons led to need for prisoners to fill beds, once they build prisons they don’t have people to put in them so they contract beds out… prisons with not enough beds rent the beds from other states. - Often rent beds at a higher fee then normal - “Pay to stay” The Prison Industrial Complex - The term prison industrial complex was introduced by activists and scholars to contest the prevailing beliefs that increased levels of crime were the root cause of mounting prison populations, they would argue the levels of crime do not equal the levels of incarceration - To understand the social meanings of prisons today we look at the idea of imprisonment being sever from the level of crime. 01/15/2014 - Change definitions of crime to widen the net of people committing crime to keep the industry going. - Corporations rely on prisons for profit. - When prisons are seen as a means to produce profits, humans become raw material and certain populations become human surplus. This would highlight the facts that there Is an endless supply of people to be scoop by crime net but marginalized less powerful members are more likely to get caught in this net - Policies and legislation ensure that the cycle is kept intact. - Although crime rates have been falling, the media continues to perpetuate the notion that it still poses a significant danger.Allows for bigger budgets in best interest for public to believe crime is going up Private Prison Problems: - Since implementation of privatization: - Short cuts on services - Inmate abuse - Hired armed (un-trained) guards, people become less trained then they were before Critical Response Questions: 1. Can it be said that Canada has a Prison Industrial Complex (PIC)? Define the PIC and provide proof and examples that support your argument. Be sure to discuss ideology, legislation, the goals of criminal justice, etc. 2. Can the prison be viewed as a corporate business? In what ways can it be linked with capitalism and Marx’s theories (refer to the text for more information on Critical Criminology) presented a few weeks ago? For both questions, use the material presented in lecture (ie. lectures or videos shown in class) in addition to the material presented in today’s lecture. Be sure to cite your sources! Ie. If I said it in class then cite it as (Silcox, Week 5, 2014). If it’s from today’s movie (“War on Drugs,” 1999). Of course, if it’s from the text (Authors, year, p. #) or the article assigned today (Schlosser, 1998, P.#) 01/15/2014 01/15/2014 Week 6: Guards, Inmates and Prison Subculture Reading Chapter 8 & 9 Roles and Responsibility: - Correctional officers have the most contact with the inmates - The authority of correctional officers in prisons is both legal and moral. Even though technology is used they are the primary mechanism of enforcing policies and regulations to control inmate - Must set consistent boundaries, communicate well, exercise power and authority fairly etc. - Must understand challenges faced by inmates - Dont have the power to discipline inmates but can enforce punishment Legal authority; reinforcing policies and regulations of the institution Moral authority; Establishing a functioning relationship in the institution between inmates and guards Correctional Guards have 4 major tasks 1. Maintaining Security 2. Service, in addition to security 3.Assisting Inmates in adjusting to life inside the prison (What’s expected of them) 4. Help inmates prepare for eventual release - Roles of CO’s have become more complex over time, ie. Dealing with mental health Recruiting and Training (Federal vs. Provincial) Federal Recruitment and Training: - Successful applicants are required to complete the Correctional Training Program - Each of the 5 regions within the CSC are responsible for selecting these recruits themselves and they use national standards - If you make it through the initial steps you get to do an interview with a board of people, tailored to the sensitive nature of the job - CSC has a special process for selecting and training staff to work in institutions for federally sentenced women. - Has a lot to do with the background of the female offenders and how a lot of them have experienced family and sexual violence. - Types of training are a little more extensive to be more sensitive to these women’s issues Provincial Recruitment and Training: - Each province/territory has established its own procedures, standards, and training courses because nationwide standards do not exist 01/15/2014 - No national standards - How might their expectations of work within the prison differ from the ‘real’ prison experience? How might they be able to prepare? --All the questions pretty much boil down to the fact that people don’t entirely know what life inside the prison is like, most haven’t visited before being hired. - They need to learn to read the subtle non- violent cues to watch out for - Inmates test new CO’s to see how they will exercise their authority - What are some of the challenges that confront new correctional officers? What conflicts might exist both externally and internally? - They experience the same struggles as the inmates themselves, they need to learn how to adapt, how the prison works and develop strategies to cope within the prison - They also need to gain acceptance from their coworkers, get through the probationary period where others see if the new CO can be trusted - Your trying to gain the respect of both the inmates and other CO’s - What are some of the important skills correctional officers should have and will likely need? - Some desired skills or attributes are things like being able to keep consistent boundaries, someone who communicates well, to show moral integrity, someone who is able to exercise authority in a fair way, someone who’s able to understand the challenges of inmates, being understanding of their experience and being optimistic and positive within the environment. Going Inside: - Challenges that confront new correctional officers: - The absence of accurate prison knowledge - Learning to use discretion; learning how to actually spot illegal activity and how to deal with these situations, looking for non-verbal cues - Being tested regularly - Fitting in with other Cos - Upon entering the prison inmates take place in a status degradation ceremony where they are issued prison clothes and assigned a number this is where they lose all the personal aspects of their identities and become another inmate Prison subcultures- Guards vs. Inmates - What is a subculture? 01/15/2014 -How do we identify those in a subculture? Can be identified as being part of a different subculture from physical markings - Subcultures can exist at all levels of organization even within the same institution. Criminal Justice Authorities and inmates are both part of their own separate subcultures. - What do you think would be prevalent in a subculture among criminal justice authorities? - More of an emphasis being places on being prim and proper, differentiates you from the more chaotic prison population The normative Code of CO behavior - These are not continuously updated, change based on institution… you don’t need to memorize these in order 1.Always assist another officer 2. Do not become overly friendly; this can change from institution to institution 01/15/2014 3. Do not abuse your authority 4. Don’t backstab; always back your colleagues decisions. 5. Do your job, don’t leave your work for other. 6. Listen to veteran officers Orientations andAttitudes: - Correctional officers have the most extensive contact with inmates - Correctional officers can be located on a continuum. - The exercise of discretionary authority, you might have someone who reports everything considered to be wrong - Some things more veteran officers will let slide while someone new will pick out everything Job Satisfaction- why might this be? More Satisfied: - Female Officers - Experienced Officers - Empathetic and non-punitive Cos - Older Cos Less Satisfied: - Male Officers - Younger Cos - Less educated; coming from somewhere with a background you can look at the experiences differently and understand them differently. Mellowing Affect: -Amore relaxed outlook as you age The CO- Inmate Relationship 01/15/2014 Inmate Relationships: - The unique features of daily life inside institutions create pressures for correctional officers and inmates to develop accommodative relationships - The public, or custodial agenda, of correctional officers is constructed around the image of the officer as a “mindless and brutal custodian” (Johnson, 1996:197). - Having a positive relationship helps to maintain order and acquire information in the prison, having a relationship built on mutual respect CorrectionalAgenda: - The private correctional agenda involves the correctional officer functioning as a change agent and using their authority to assist inmates to cope with the problems of living in confinement. - “keeper and the kept” = more effective in maintaining order in the units. - Those who can move beyond this keep kept position end up being more effective in maintaining the order and showing inmates you’re here to help them Exercising Authority: - How much authority should correctional officers have? - We know they have flexible amount of authority and application of discretion - In some institutions you might have more than others - In other words, how accountable should they be? - Their actions are held accountable, you can ignore minor transgressions - Can review video footage and files if need be 01/15/2014 - CO’s obviously recognize that filling out an incedent report eventually is not efficient in punishing an inmate so they may forget to provide a service or two Abuse ofAuthority: - It is difficult to examine the extent to which correctional officers abuse authority and discretion because of: - Invisibility, how a lot of people have never seen the inside of a prison - Correctional subculture - Short durations of time, something has occurred that they know is against the rules but they let it slide because they will be out of the prison so soon -Abusive situations may arise due to the stress many COs experience. 4 Types of Power: Coercive Power: Things like rule enforcement, disciplinary charges and searches Reward Power: awarding certain inmates certain privileges and providing favors Legitimate power: officers formal authority Exchange Power: informal system of reward Expert or Professional Power: use of expertise to resolve conflict Use of Force Management Model: - Outlines proper use of force and response for certain circumstances - Use of force can easily be controversial because of the lack of visibility behind the prison walls. Source of Stress: Relationships between administration and COs - Lack of coherent policies; fiscal concerns - Example, some half way houses not having written protocol and everyone having a different way of dealing with situations - Some institutions might not have enough money to manage all inmates Relationships between case management and COs - Co’s Perception that inmates don’t change and case management has faith in offenders - Personal Security, Lack of support, Inmate rights, Too many tasks, Inadequate training, Shift work, etc. Inmate Overcrowding and Prison Violence: - Sources of stress can sometimes lead to greater instances of inmate abuse and increased use of force by guards. 01/15/2014 - Use of force is going up even though the profile of offenders is becoming less violent. - We previously watched this clip: %26+Politics+with+Evan+Solomon/ID/2253360597/?page=10 Female Correctional Officers: - US research suggests that women officers: - have a positive impact on the management of inmates in maximum security institutions; interesting because its said that women have a tough time controlling. - are less likely than their male counterparts to be assaulted by inmates; and - are less confrontational and often more able to defuse potentially explosive situations (Rowan, 1996). Should female institutions include cross-gendered staffing? - What might the benefits and drawbacks of each position be? - Recommendations from a 1998 report said that… General Profile of Inmates: - Offenders confined in correctional institutions tend to be: - Male - young - single parents - marginally skilled - disproportionately Aboriginal - disproportionately black - convicted of a property offence - addicted - poor problem-solvers - serving a short sentence (<2 years) Treatment and Interventions - The treatment needs of inmates are significant - The majority of inmates fall under the jurisdiction of provincial/territorial systems of correction - Why is this problematic? - There are also groups of inmates who require specialized facilities and interventions. - Examples? 01/15/2014 Going Inside: - Upon entering the prison, offenders undergo a process of mortification (status degradation ceremonies), during which they are transformed from free citizens into inmates - Inmates experience the pains of imprisonment, the deprivations experienced by inmates confined in correctional institutions including the loss of privacy, security and freedom of movement and association - What is the most devastating for new inmates? The loss of liberty - How do the pains of imprisonment differ depending on the population? Ie.Aboriginals feel it harder because they are often imprisoned thousands of miles away from the reserve Prison Subcultures- Guards vs. Inmates - What is a subculture? - How do we identify those in a subculture? - Subcultures can exist at all levels of organization even within the same institution. Criminal Justice Authorities and inmates are both part of their own separate subcultures. - two explanations for why the inmate subcultures exist, the first is deprivation theory… this suggests that it is used to provide inmates with illicit goods and services and the importation theory… which suggests that the attitudes and behaviors exhibited within the prison are brought in from the outside world. Inmate Social System: - Inmate subculture, why does violence happen - Deprivation theory of inmate social systems, subculture rises as a result of deprivation of freedom - John Irwin and Donald Cressey (1962): importation theory, this prison subculture is imported and brought into the prison (Opposite to deprivation theory) - Prisonization and Institutionalization, that sort of how to un-prisonize someone or restoration of identity - What problem does the prisonization and Institutionalization of inmates have? How does an inmate gain power or status within prison? - We see high status accorded to those serving longer sentences. Power and Control as Features of Male Inmate Subculture: - The presence and belonging to gangs (this was talked about a few weeks ago) - Prison Rape - More than 300,000 male are victimized each year in NorthAmerica (most in the USA) - Male-Male prison rape as a global crisis and a fact of everyday prison life in the USA. - In Canada, the problem is not widely documented because… 01/15/2014 - More conjugal visits do not halt male-male rapes because… Inmate code: - defined set of rules that dictate how to interact with other inmates and with institutional staff Inmate Social Roles: - Though the specific names may vary, several of the more common roles include the following: - square-john; boring, follows the rules; pro social behaviour, work well with administration - right guy; person thinks their always right, would be opposed to admin and they don’t work well with others - rat (also known as squealers or snitches) - tough (also known as outlaws) use your forceful aggressive behaviour to get what you want, feared by everyone - wolf, fag, and punk (wolf is the person actively seeking out a sexual partner, the fag is someone who voluntarily has sex with people and the punk is someone who is bribed or coerced into the passive role. ) - merchant (also known as a peddler) someone who sells things, imports and distributes items within the prison. Coping With Confinement - Inmates spend considerable energy attempting to reduce the pains of imprisonment. - Involvement in obtaining, distributing, and/or using illicit goods and services - In most insitutions drugs are freely available like they are on the streets - Inmates use drugs and alcohol to cope with environment and forget about the pains of being in prison, many offenders actually become addicted to drugs while in confinement - Smuggling networks are extensive and sophisticated, so many ways such as dead birds and tennis balls to get the drugs in - Eg. Drugs and contraband - Sexual Relations; deprived so they seek sexual gratification, homosexual behaviour within the prisons of often isolated to the circumstance and when leaving prison they often return to being heterosexual - Humour - Mature Coping; positive way of dealing with being in prison system, these people often find themselves victimized by other inmates Do Subcultures Differ Based on One’s Sex? - Inmates in male prison populations are guilty of much more severe offenses. - Women develop pseudo families. Psudo family is basically like building a unit that can offer support and culture that can offer this emotional connection. 01/15/2014 - Women and men deal with the deprivation of heterosexual love in different ways. How so? - Both develop ‘black markets’, but in different ways. Males black-markets are more elaborate than in women’s. - Both exhibit opposition to the prison staff. Violence Amongst Inmates: - Male federal inmates > murdered inside (Much higher likelihood of being murdered in prison) - Fellow inmates as dangerous - Female aggression is often relational -Are the gender differences surprising? - Violence is characterized in two ways within prison: expressive violence or instrumental violence. - Expressive is expressing feelings and has no purpose, unplanned, instrumental is for a prison - Overcrowding, competition between gangs etc. cause violence. Avoiding Victimization Inmates use a variety of strategies or avoidance behaviours to reduce the risk of violence and victimization. Passive precautions - Keeping to yourself. Aggressive precautions - adopted by more younger inmates, feel like they have something to prove. Inmates as Partners and Parents: - The loss of regular family contact is one of the greatest pains of imprisonment. - Children whose parents are incarcerated can suffer from emotional, behavioural, and academic problems - Why is maintaining these relationships so important? Failure to cope with confinement - The prison suicide rate is more than twice that of the general Canadian population - Female offenders tend to engage in self-injurious behaviour. - In an attempt to reduce the incidence of suicide and self-harm, the CSC has implemented inmate peer support programs in all maximum and medium security institutions. This is to address the factors in the institution that would lead someone to commit suicide - More seen in male because typically women don’t use such violent means to hurt themselves… we also see this in how women vs. males murder 01/15/2014 Documentary– Quiet Rage: The Stanford Prison Experiment - In the summer of 1971, Philip Zimbardo, Craig Haney, and Curtis Banks carried out a psychological experiment to test a simple question. What happens when you put good people in an evil place-does humanity win over evil, or does evil triumph? 01/15/2014 Release From Prison: Reading Chapters: 11&12 Introduction: Conditional Release - Nearly everyone who is sent to a correctional institution will eventually be released. - The small % of offenders sentences >2 years present the greatest challenges for systems of correction. - Release is not a right it’s a privilege, protection of society is always the most important factor when considering someone for release What is a conditional release? - release inmate before warrant expiry date - Requires the person/inmate to live under restrictions, participate in programs, & report to a supervisor - Most powerful motivator for an offender is prospect of early release - Intended to reduce recidivism - committing crimes after being released The principle of least restrictive measures states that: - The Service use the least restrictive measures consistent with the protection of the public, staff members & offender Conditional release does not mean that the sentences are shortened. It means that the remainder of the sentence may be served: 1. in the community 2. under supervision by CSC (correctional services of Canada) 3. with specific conditions (general & specific). MAIN OBJ: Protecting society Section 100 of the Corrections & Conditional ReleaseAct states: The purpose of conditional release is to contribute to the maintenance of a just, peaceful & safe society by means of decisions on the timing & conditions of release that will best facilitate the rehabilitation of offenders & their reintegration into the community as law-abiding citizens. Predicting Recidivism - The process of determining which inmates should qualify for conditional release is forward-looking, asking two basic questions. What are they? 01/15/2014 - But, when it comes down to it, is it possible to know the answers to these questions? 01/15/2014 Premises for Conditional Release: - During first few months after release, person is most at risk of reoffending - “Tough on crime” measures & longer prison sentences are assumed to increase public safety, however not always the case. - Not all ex-offenders in the community present a risk, only the number that have been released recently - longer periods in prison are related to higher rates of recidivism -Actuarial statistics are good for uncovering overall trends, but not so great for everyone b/c although we may have an average… you must also keep in mind to make an average realistically there are those who fall above & below it. - For example our midterm, the average was a 70-72% however some failed the midterm while others achieved grades in the 90s so it can be considered the same when it comes to risks of recidivism. Objectives of CR The underlying premise of conditional release programs is that the likelihood of recidivism is reduced. As well: - Incentive; the prospect of early release serves as an incentive for inmates to participate in institutional programs - Loss of liberty as a threat; the threat of being returned to confinement helps deter criminal behaviour; - Minimize negative effects of incarceration; conditional release programs assist in minimizing the negative impact of incarceration - Supervision as beneficial; supervision by a parole officer will be beneficial for the inmate. Types Of Conditional Release - Type of CR available to inmate is dependent on individual case, includes things like the length of the case as well as if they are being supervised by a federal institution or not - The types of conditional release available to inmates incarcerated in federal and provincial/territorial correctional institutions are: Temporary Absence (TA) - Varies by province - Humanitarian, medical, rehabilitation - Escorted TemporaryAbsence (ETA) or Unescorted TemporaryAbsence (UTA) 01/15/2014 - May begin soon after admission & extend to the end of the sentence - May involve offender being placed under electronic monitoring - Those classified “maximum security” aren’t eligible for unescorted TA’s Eligibility: - Federal (2+year sentence): - ESCORTED anytime as request (for example, if nurses think there’s an emergency and it happens that the doctor isn’t there that instance, a TAP (TemporaryAbsence Permit) will be created, escorted by guards - 2-3 year sentences, UTA eligibility 6 months into sentence - Life sentences eligible to apply for UTAs 3 years before full parole eligibility date - Provincial: <2 years, eligibility for TAis under provincial jurisdiction - For example, in Ontario, we have our own parole board – they are responsible for making all decisions with UTA of 72+hours while the SUPERINTENDENT of the institution bears the responsibility for all ETA & UTAof <72 hours Electronic Monitoring (EM) - Can be used as a condition of temporary absences (back-end EM) or as a sentencing option (front-end EM). - Variation among the provinces in how EM is used: - In BC, the use of EM is limited to offenders on day parole or full parole. - In Ontario, EM may be a requirement for offenders on TemporaryAbsences. - Having EM as condition of release = required to abide by curfew (be at residence during specified time) Day Parole - Allows offender to be out of custody during the day for program purposes & only applies to offenders released by the Parole Board of Canada. - Prepares offender for release on full parole or statutory release - Must return nightly to institution/halfway house or what the PBC authorizes Eligibility: - Federal - : 2-3 year sentences = after serving 6 mths - 3+ years = 6 mths prior to full parole eligibility - Life = 3 years before full parole eligibility - Provincial: after serving 1/6 of sentence Full Parole 01/15/2014 - serving remainder of sentence under supervision in community – must report to parole supervisor regularly and follow conditions - Most common for federal offenders Eligibility: - Federal: 1/3 of sentence (except those serving life for murder) -After 25 years for those on life sentences for 1 degree murder - For those with sentences 10-25 years on 2 degree, the judge will determine the eligibility date at sentencing) - Provincial: 1/3 of sentence or 7 years (whichever is less) - Some first-time federal offenders who have been convicted of a non-violent offence may have their parole expedited after serving 1/3 of their sentence through accelerated parole review (APR). - The limited research that has been conducted onAPR indicates that, while the rates of readmission for APR offenders are lower than for those offenders who were not released, 30-40 percent of offenders released on APR are readmitted within two years of release Remission/Discharge (Provincial) - For provincial inmates, available at 2/3 ** - No supervision by parole officer Statutory Release - Offenders who haven’t been granted parole, haven’t applied for parole, had earlier release revoked & wasn’t released again to be released to serve remainder of sentence under supervision - Not available for prov/terr inmates who may serve ENTIRE sentence in custody - If parole is denied, the offender must be released by law, after serving 2/3 of the sentence; in effect the sentence is shortened when parole is not granted. - Federal offenders are released at the two-thirds point but are subject to parole supervision until warrant expiry. - Life or indeterminate sentences aren’t eligible for statutory release Warrant Expiry Date – In Ontario, inmates may be incarcerated until their warrant expiry. - There is a small group of federal inmates (390 as of 2007) who have been judged by the CSC to be at such risk of reoffending if released that they should be confined for the entire sentence (to warrant expiry) 01/15/2014 - Concern for community safety outweighs the many undesirable aspects of a cold turkey release. -As the inmate’s statutory release date draws near, the CSC applies to the PBC for a detention hearing. - Research findings suggest that the selection process for detention has not resulted in the highest-risk offenders being detained in confinement. Cold turkey release - No conditions or supervision - provincial inmates are discharged from confinement at the two-thirds point of their sentence - federal inmates are released at their warrant expiry date (end of their court-imposed sentence) Eligibility Dates Release Options For Federal Inmates - What are the differences between those with indeterminate versus determinate sentences? What does this mean? - Offenders serving indeterminate & determinate sentences are not eligible for the same types of release & this could affect the follow-up results. - Offenders serving indeterminate sentences are only eligible for day parole & full parole whereas offenders serving determinate sentences have four release options. 01/15/2014 - Offenders serving determinate sentences are eligible for full parole & day parole early in their sentence. If these offenders have not been released after serving two-thirds of their sentence they are automatically eligible for statutory release. In special cases, offenders may be detained in custody until the end of their sentence. In general, offenders released on parole remain under supervision longer than offenders released on their statutory date. - Offenders who are gradually released from prison on conditional release are more likely to become law- abiding citizens than those offenders who stay in prison until the end of their sentence - Federal inmates tend to be released in gradual stages which aids in reintegration. - TAs à work releases & community development releases à conditional release (day parole & full parole) Day parole: - Eligible at either 1/6 of sentence or 6 months, whichever is longer (with some differences for special categories of offenders, such as lifers). - Meant to aid transition & is seen as a short-term option prior to the granting of full parole. - Women offenders are more likely to be granted day parole than men (WHY?) - There has been a continual decrease in the number of Aboriginal offenders who are granted day parole Types of Release for each of the Offender Groups - For offenders with determinate sentences, as sentence length increases the % of offenders released on statutory release increases. -As sentence length increases, the percentage of offenders released on statutory release increases. - Almost three-quarters (72%) of the offenders serving indeterminate sentences are first released on day parole with the balance released directly to full parole. Over half (56%) of the offenders serving long-term determinate sentences are first released on day parole & another one-quarter (26%) are released on full pa
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