Chapter 14:

Behind Bars: The Life of an Inmate

Prison Culture

Goffman suggested that prison cultures are unique because prisons are total institutions that encompass every aspect of an inmates life. Inmates develop their own language, or argot, create their own economy and establish methods of determining power.

Prison Culture

The ailing prison population

Substance abuse and addiction Poor health Mental illness 40% of inmate over 45 have serious medical problems Medical parole

The aging prison population

Prison Culture
Adapting to Prison Culture: Doing time Jailing Gleaning Disorganized criminals

Prison Violence
Violence in prison exists because: It establishes the prison hierarchy It provides a deterrent against being victimized It enhances self-image In the case of rape, it gives sexual relief It is a means of acquiring material goods

Prison Violence
Riots: Situations in which a number of prisoners are beyond institutional control for a significant amount of time. Relatively rare in the correctional system. Notable riots include Attica Prison in 1971.

Prison Violence
Prison Gangs/Security Threat Groups (STGs): Racial and ethnic identity is often primary focus Prison gangs engage in a wide variety of illegal activities Prison gangs are often extensions of street gangs About 2/3 of prison have anti-gang personnel in place

Prison Violence
Prison Rape: Due to the nature of the inmate victimization, accurate data is difficult to gather The Prison Elimination Act (2003) Victims of prison rape are often at the bottom of the social hierarchy in prisons, and suffer both physical and mental trauma from their victimization

Inside a Womens Prison

Characteristics of Female Inmates: Most are racial or ethnic minorities between the ages of 30 and 39 Most are incarcerated for nonviolent drug or property offenses Distinguishing characteristic of female inmates is a history of abuse Female inmates have an increased likelihood of health problems when they are incarcerated

Inside a Womens Prison

Motherhood in Prison

More than 1.3 million children have mothers in prison Compared to mens prisons, women exhibit low levels of physical violence Sexual violence and prison staff

Violence in Womens Prisons

The Pseudo Family

Correctional Officers and Discipline

Six general categories among correctional officers: Block officers Work detail officers Industrial shop and school officers Yard officers Tower guards Administrative building assignments

Correctional Officers and Discipline

Discipline: Inmates receive manual outlining prohibited behavior Correctional officers have a discretion ranging from warning to loss of privileges. Correctional officers may be required to use force

Correctional Officers and Discipline

Whitley v. Albers (1986), court finds

excessive force by correctional officers violates the 8th amendment In general, courts find legitimate security interests justify the use of force against inmates Hudson v. McMillan (1992), the malicious and sadistic standard

Correctional Officers and Discipline

Scenarios involving legitimate security interests include: Acting in self-defense Acting to protect a third person Upholding the rules of the institution Preventing crimes Preventing escape attempts

Protecting Prisoner Rights

Inmates do not have the same guaranteed rights as other Americans Prior to 1964 (Cooper v. Pate), courts adopted a hands-off policy In the 1960s inmates began to insist on their constitutional rights and the prisoners rights movement began.

Protecting Prisoner Rights

Wolff v. McDonald (1974) grants inmates:

A fair hearing Written notice of the hearing at least 24 hours in advance An opportunity to speak at the hearing An opportunity to call witnesses A written statement detailing the final decision and the reasons behind it

Protecting Prisoner Rights

Deliberate Indifference

Estelle v. Gamble (1976) Wilson v. Seiter (1991)

The Purpose Requirement

Identifiable Human Needs

Parole and Release from Prison

Parole is based on three concepts: Grace Contract of consent Custody

Parole and Release from Prison

Other forms of Release: Mandatory release Pardon Furlough

Parole and Release from Prison

Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979) inmates do not have constitutional right to parole.

Life-without-parole is assigned to: Those convicted of capital or first-degree murder Those convicted of serious offenses other than murder Habitual offenders

Parole and Release from Prison

Basic Roles of the Parole Board: To decide which inmates should be given parole To determine the conditions of parole To discharge the offender when the conditions of parole have been met To determine whether or not parole privileges should be revoked when a violation occurs.

Parole and Release from Prison

The Parole Hearing 5-7 parole board members Hearings are relatively short Parole guidelines attempt to measure risk of recidivism In some states the parole board must provide their reasoning in writing

Parole and Release from Prison

The Goals of Truth-in-Sentencing: To restore truth to the sentencing process To increase the percentage of the sentence that is actually served To better control the use of prison space

Parole and Release from Prison

Parole: An agreement between the offender and the state that establishes conditions by which the offender will be released Conditions of parole Work release programs Halfway houses

Parole and Release from Prison

Parole Revocation: Maximum expiration date Technical violations

Morrisey v. Brewer
(1972)

Reentry into Society

Barriers to Reentry: Challenges of release such as finding housing and employment Threat of relapse exists as offenders may be socialized to prison life and react inappropriately to stresses in the outside world.

Reentry into Society

Reentry programs: Specifically focus on the transition from prison to the community Involve a treatment curriculum that continues after release

Reentry into Society

Recidivism: Persons who have offended in the past are likely to offend in the future The risk of reoffending declines as the amount of time since the last offense increases. Those in disadvantaged neighborhoods recidivate at a greater rate

The Special Case of Sex Offenders

Sex Offender Notification Laws: Megans Law Active notification Passive notification The controversy surrounding notification

The Special Case of Sex Offenders

Conditions of release for sex offenders: No contact with children under 16 Must continue psychiatric treatment Must have permission to change residence Stay a certain distance from schools and parks Cannot own toys that may be used to lure children Cannot have a job that involves children

The Special Case of Sex Offenders

Issues with notification laws: Are notification laws a form of punishment? Do notification laws violate due process rights?

The Special Case of Sex Offenders

Getting Tougher with Sex Offenders: Tougher laws Civil confinement