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corrections final
| Question | Answer |
|---|---|
| What happens to people in prison? | 7% die, 19% max out, 77% paroled. Most are released and return to the community where they lived in when they were convicted. |
| 3 basic concepts of parole | -grace and priviledge -contract of consent -custody |
| who is released on parole? | only felons |
| what will be the trend of parole in the next 5 years? | parole will increase because of the cost of prison. |
| what are 5 basic mechanisms for release from prison? | -discretionary release -mandatory release -probation release -other conditional release -expiration release |
| what generalizations can be made about methods of release? | discretionary parole is decreasing and mandatory parole is increasing significantly. |
| what factors guide the parole board decisions? | -nature and circumstances of the offense -prior criminal record -attitude towards family members, victim, and authority -progress in programs -history of adjustment -physical/emotional/mental health -adequacy of parole plan -insight into causes of behavio |
| 3 criteria used for parole decisions: | 1.they have substantially observered the rules of the institution in which they have been confined. 2. their release will not depreciate the seriousness of the offense nor promote disrespect of the law. 3.release will not jeopardize public welfare. |
| parole | the conditional release of an inmate from incarceration, under supervison, after part of the prison sentence has been serverd. |
| discretionary release | the release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and penal law. |
| mandatory release | the required release of an inmate from incarceration to community supervision on the expiration of a certain period, as stipulated by a determinate sentencing law or parole guidelines. |
| probation release | the release of an inmate from incarceration to probation supervision as required by the sentencing judge. |
| other conditional release | a probationary sentence used in some states to get around the rigidity of mandatory release by placing convicts in various community settings under supervison. |
| expiration release | the release of an inmate from incarceration without any further correctional supervision. |
| presumptive release date | the presumed release date stipulated by parole guidelines if the offender serves time without disciplinary or other incidents. |
| null strategy | the strategy of doing nothing to relieve crowding in prisons under the assumption that the problem is temporary and will disappear in time. |
| consruction strategy | the strategy of building new facilities to meet the demand for prison space |
| race | traditionally a biological concept used to distinguish groups of people by their skin color and other physical features. |
| ethnicity | concept used to distinguish people according to their cultural characteristics, language, religion, and group traditions. |
| disparity | the unequal treatment of one group by the criminal justice system, compared with the treatment accorded other groups. |
| discrimination | differential treatment of an individual or group without reference to the behavior or qualifications of the same. |
| self repor study | an investigation of behavior based on subjects responses to questions concerning activities in which they have engaged. |
| racial threat hypothesis | the belief that white fear of african americans is least when whites are the majority but greatest when african americans are a substantial minority. |
| criminal history/risk assessment score | higher score=lower risk |
| african americans account for about 12% of the population. What percent do they account for arrests for violent crimes? | 2/5 |
| what do african americans account for in property crime arrests? | more than 1/4 |
| some believe that evidence of overt discrimination is________? | weak |
| Does MS have a high or low racial disparity in the prison system? | low 4:1 |
| how many african american college drop outs are in prison? | 1/3 |
| how many african american men are banned permanently from voting in the states where they live? | 1.4 million almost 13% |
| does the risk assessment affect parole? | yes, the offenders determined risk shows if they are eligible or not. |
| what is a major criticism of discretionary parole release? | it has shifted responsibility for many primary criminal justice decisions from a judge, who holds legal procedures uppermost, to an administrative board, where discretion rules. |
| what was the average number of prisoners being returned to communities per day in 2007? | 2000 |
| how much money to states give inmates upon their release? | anywhere from 0 to 200 dollars |
| prerelease program | counseling about the conditions of supervision and help in searching for employment and a place to live. |
| how many inmates return to prison ? | myth says 2/3. That is true in Cal. but in other states it is as low as 7%. |
| most people in jail/prison fail. | 2/3 of state prisoners are rearrested within 3 years of release. 52% will return to prison for a new crime or parole violation. |
| In 1984 | 70 percent of parolees successfully completed their parole term. |
| By 2002 | that number had dropped to 45 percent |
| Federal and state corrections facilities held over | 1.6 million prisoners at the end of 2010 —one of every 201 U.S. residents. |
| At least______ of state prisoners will be released back to their communities. | 95% |
| How many individuals were on probation or parole at the end of 2010? | Five million |
| Facing a number of issues and obstacles upon their return and often lacking services or support | a large number of these individuals recidivate. |
| They return with complex health, education, housing and other needs—which, if not addressed | increase their likelihood of returning to prison. |
| The Second Chance Act (SCA) | was signed into law in April 2008 after receiving overwhelming bipartisan support in Congress. |
| The bill outlines a common-sense | evidence-based approach to reducing crime and improving public safety by supporting reentry programs and policies |
| including: | Employment assistance and job-skills training Substance abuse treatment Housing assistance Family-based programming Individual and group mentoring Victim support |
| Since 2009, over 300 local, state, or tribal government agencies and nonprofit organizations from 48 states have received SCA grants for reentry programs serving adults and juveniles. | |
| Reentry Courts | Therapeutic Justice Drug Courts, Mental Health Courts, etc.. |
| America’s prison population boom | Rising steadily since mid 1970’s 756 per 100,000 |
| Massive increase | 700% increase b/w 1970 – 2005 |
| Catastrophic effect on states’ budgets | 145% increase in spending Leading to new trends in incarceration Crisis drives policy-making |
| Paradigm Shift | Rehab vs. Just Deserts |
| Get Tough” Approach | Increased Arrest Rates Tougher Sentencing Parole Restrictions |
| War on Drugs | Pres. Ronald Reagan Crack/Cocaine disparity Drug offense = 1/3 of felonies |
| More punitive policies | 1980, 6% of pop incarcerated for drugs 2001, 18% in state; 50% in federal |
| States’ Revenues | Greenberg and West; states w/ higher revenues incarcerate more (p. 466) Budget surplus led to more punitive policies Prison Construction fueled by surplus Prisons as Industry Creates jobs and commerce |
| Demographics | Minorities most affected Admissions for women rising Middle aged prisoners |
| Geography | Southern States incarcerate more |
| Design Capacities Exceeded | Dormitories and Classrooms Decline in programming Increased violence; riots More visits to clinic; higher blood pressure |
| Increased reliance on Supermax Confinement | Response to riots |
| Increased Litigation | Estelle v. Gamble (439 U.S. 897, 1976) Rhodes v. Chapman (452 U.S. 337, 1981) |
| Null Strategy | Simply “do nothing” Consistent w/ “just deserts” |
| Construction Strategy | Build new prisons to eliminate crowding Expensive; $75,000 per cell Time consuming; no immediate impact |
| Intermediate Sanctions | Community corrections, boot camps, fines, etc. Restricted primarily to non-violent, first time offenders |
| Backdoor strategies | Parole Work release Good time credits Often circumvented by legislature |
| Policy changes have strained corrections | Tech violations; recidivism Longer sentences Parole Restrictions Less programming |
| Overcrowding Strains Budgets | Budget Crisis is leading to new trends in Incarceration |
| Increased reliance on intermediate sanctions | Community corrections Restitution fines |
| In 1980 there were 3 x the number of AA men in college | than in prison |
| now | More AA in prison than in college |
| Two white men in college for every AA in prison | |
| Odds of imprisonment for males by race | AA - 5 k per 100,000 Hispanic – 2k per 100,000 Whites – 800 per 100,000 |
| If current rates continues approx. | 1/3 of all AA children will go prison at some pt. in their lifetime |
| In Washington, DC and Baltimore more than | ½ of all AA adults are under some form of correctional control This change has been fueled by the War on Drugs and focus on imprisonment as a primary tool of social control. |
| there are five times more white drug users than AA? | true |
| AA men are imprisoned for drug charges ____ times more than whites | 13.4 |
| Social environment | (poverty, employment, quality of education, physical and mental health services, etc) has been demonstrated to impact crime rates |
| While there are no “simple conclusions” on this issue provided by empirical research | there is evidence suggesting that cumulatively racial discrimination does exist. |
| In every state AA incarceration rates are higher than for whites | some 10x |
| Number of death sentences has declined by ½ | since 1990s |
| costs to prosecute a capital offense | $216,00 |
| Cost to execute an offender | $2.16 million. |
| Over two-thirds of the countries in the world – 139 | have now abolished the death penalty in law or practice. |
| In 2008, 93% of all known executions took place in five countries | China, Iran, Saudi Arabia, Pakistan and the USA. |
| Since 1977, the overwhelming majority of death row defendants (77%) have been executed for killing | white victims, even though African-Americans make up about half of all homicide victims. |
| Since 1973, 138 people have been released from death rows throughout the country due to evidence of their wrongful conviction. | In this same time period, more than 1,000 people have been executed. |
| FBI data shows that all 14 states without capital punishment in 2008 had homicide rates | at or below the national rate. The other states had homicide rates at or above the national average. |
| Furman vs. GA | death penalty itself not unconstitutional but how it was administered was violation of 8th amendment. |
| Gregg vs. GA | sentencing process must consider mitigating factors; est. two stage process – guilt determination then sentencing hearing |
| McClesky v. Kemp | GA death penalty statute was not racially discriminatory even though defendants killing whites were 11x more often to receive death penalty than if they had killed an African American. |
| Atkins v. VA | execution of mentally retarded offenders was unconstitutional |
| Roper v. Simmons | can’t execute under 18 yrs of age at time of offense. |
| What happened in Arkansas case of Rickey Rector? | He killed 2 men, then shot himself in the temple leaving him mentally ill. He was rejected excuse from the death penalty and killed. |
| What is happening in the case of Scott Panetti | killed wife's parents, and has been ruled to be competent and remains on death row. |