Discussion Board 5A
Again referring to the PPt handout, research and discuss one of the court cases listed under the 4th Amendment. How/why did it reach the Supreme Court and what was its impact on Corrections
Discussion Board 5B
As in Discussion Board 4B, select another 4th Amendment court case, research and discuss how/why it came to the attention of the U S Supreme Court and its outcome and impact on Corrections
Ethics in Corrections – Supervising Ethically
Fisher College
R. Boomhower
The Experience of Supervision
People do not typically aspire to be C/Os
Seeking this work is typically a reaction to the need for employment or is a result of an unexpected job change
Job security and a regular salary are paramount
In many rural areas, this may be the only decent employment
Lombardo (2017) 1/3 of officers he interviewed at Auburn considered danger and mental tension as the most dissatisfying parts of their jobs
Danger = unpredictability of a violent occurrence
Constant possibility that might result from seemingly arbitrary events
Frequently experience personal challenges from inmates
Officers tend to view suspiciously any events that interrupt prison routines
Includes “free world” treatment personnel
Believe outsiders know very little about inmates and fail to appreciate the need for constant security
The openness to outsiders has reduced inmate attacks on personnel
Often feel as though they lack support of their supervisors and administrators
Some saw programs like work release, education release, ability to receive a college education were improper benefits
They were obtaining work while law abiding folks were not
Guarding Ethically
Rules prohibit corruption in the form of gifts, personal privileges, and conflict of interest
Staff are obligated to report corruption or unethical bx
Officers see offenders are people who have failed in their obligations as citizens
Ethical Dimensions: Punishment, Prison Conditions
Incarceration itself is the punishment
Purpose of incarceration is not to administer additional punishment over and above the deprivation of liberty
Ex: control over visits may be justified as part of prison security, but should not invalidate other practices regarding visits/ conjugal relations
Ex: searching prisoners can be justified based on security, but strip searching may be considered humiliating beyond proper security measures
Inmates “do not forfeit their essential humanity”
In Newjack, Conover notes he had NO ethical training
Ethical Challenges
A humane correctional system is nearly impossible because retribution is the main philosophy
In institutions where inmate rights are easily violated, it is easy to ignore ethical and professional standards of conduct
Guarding with Discretion
Discretionary powers can easily involve questions of ethical conduct
Gilbert (2017) argues that administrators ought to allow C/Os to exercise discretion whenever there is an absence of policy or where policy is vague or inconsistent
Subculture includes an informal code of ethics (officer’s code)
Obligations that prison officers owe to each other and they should exercise discretion in defined circumstances (Kauffman, 2017)
Ex: helping other officers beat an inmate is generally unethical, but from the officer’s POV would conform to the norm that an officer must always support another officer against inmates
Officer’s Code
Unethical Situations
Use of Force
When is it appropriate to use force in corrections?
Things to consider:
Should the force have been used at all?
Was excessive force used?
Was the force justified?
Witnessing and Experiencing Violence in Prisons
Officers often face a moral dilemma
Clash between own personal ethics and expectations of them as officers
As they spend more time in prison and absorb culture, ability to abstain from morally questionable acts weakened
Construct prison as a separate moral world
Focus on the inmate himself, on relationships among officers and on the individual officer who engaged in the violence
Using Force
Conover (2001) – in NY it is permissible to lay hands on an inmate for:
self defense,
to prevent injury to a person or property,
to quell a disturbance,
to enforce compliance with a lawful directive
or to prevent an escape
Deadly force can be used to
prevent an escape,
in self defense
or to prevent arson
Officer culture at a TX facility defined ”good officers” as those who are able to perform routine prison actions and to break up fights and maintain discipline without citing inmates for disciplinary infractions
There was a willingness to break up fights, a readiness to engage in confrontations with inmates and an inclination to fight inmates
All of which were essential attributes for promotion
Verbal assaults were commonly used to humiliate inmates and destroy his standing in the eyes of other prisoners
Name calling, use of racial terms, threats
Kauffman (2017) observed that use of force varies from prison to prison according to level of security
Force cannot be used to carry out routine tasks
Inmate assault was questioned in terms of its definition
Tried to differentiate between force to restrain an inmate and that beyond what was necessary
Marquat (2016) notes that unofficial coercion is so common that it was a norm for officers
It was not applied arbitrarily but in a structured and systematic process intended to maintain control, enforce deference to officers, and build officer solidarity
Those who used this system were considered good promotion prospects
Officers’ Perspectives on Use of Force
Marquat found that the unofficial use of force had become a parallel system for social control
As such, it built a culture of secrecy in which officers at higher levels refrained from talking about coercive displays of force with lower ranking officers
Lower ranking officers, however, routinely asked questions about when to use force – never received satisfactory answers
Results in wide discretion among officers
Officer Violence As informal Justice
Use of violence was not intended as a symbol of power, but rather a reflection of their sense of vulnerability
Officers were dissatisfied about official punishments and therefore sought their own form of justice
Officers at MCI Walpole (MA) experienced considerable pressure to use violent means to handle prisoners AND to engage in violence consistent with norms requiring them to support their colleagues
This was reinforced by their genuine fear for survival
How do Officers justify using force against inmates?
Way to control inmates – unable to maintain control without at least referring to violence
Deterred inmate violence
Prevent future assaults and punish past ones
Self defense – defined broadly
Uphold a reputation for meeting aggression with aggression
Symbol not of power but of their vulnerability
Little short term sanctions
Need to support colleagues
Some saw no need for justification – it was natural
Constraining Officer Violence
Kauffman: coercion tends to fuel inmates’ anger and hatred rater than suppressing their resistance and rebellion
Coercion requires staff to constantly increase the severity of sanctions in order to be useful long term
Coercion fails to resolve the inherent conflict between inmates and officers
Judicial Review of Use of Force
US v Nix (1974) – SCOTUS held that a determined escapee may kidnap a hostage or kill an officer to commit other unlawful acts to ease his escape
Gave officers more latitude than LE in using deadly force
Whitely v Albers (1986) – excessive force in corrections is governed by 8th Amendment
Legal standard for brutality is whether the force is applied in a good faith effort to maintain or restore discipline or whether it was applied maliciously and sadistically to cause harm
Clark v Evans (1988) – no duty to use disabling force rather than lethal force to break up a fight among prisoners
Kenny v Indiana Youth Center (1991) – must look at various factors to determine if unnecessary and wanton pain and suffering was inflicted
Whether the force needed to be used, injury inflicted, nature of threat to safety, efforts to adopt less severe courses of action
Correctional Policy on Use of Force
Walker analyzed 4 states policies on use of force
All permitted it to prevent escape
2 suggested failure to use it to prevent an escape could result in disciplinary action
ACA suggest that policies should be geared to the institution
Ex: halfway house – do not pose a threat to public safety
U.S. Bureau of Prisons limits deadly force by prohibiting firearms in minimum security
Does permit it to prevent an escape when authorized by the warden or an officer’s judgment that it is necessary to prevent he loss of life or grievous bodily harm
Cannot use against juveniles
Common to prohibit use of warning shots if they may result in injury
Rape in Prison
Prisoner rape – all forms of sexual violence inflicted on anyone in custody including someone awaiting trial in county jail
1966 Philadelphia study found 4.7% of inmates reported being assaulted while incarcerated
1980 NY study found 28% of inmates reported being targets of sexual aggression but only 1 reported being raped
1977 NC study found 2.4% were sexually assaulted
1982 CA study found 14% were sexually assaulted
1984 study of federal facilities found 2% rate of sexual targets and .3% rape rate
Highest rate found in NE: 22% of male inmates
2003 OK 4.5%
Reducing the inmate population can reduce rape
Rape is far more pervasive than acknowledged by prison authorities
Wardens indicated it was “relatively rare” in their facilities
Human Rights Watch report that administrators are indifferent
Many fail to take protective measures when inmates seeks help and instead advise them to fight their attackers
C/O response is often the imposition of minor disciplinary sanctions (30 days in segregation or moving rapists to another facility)
Victims often go into Protective Custody
Prison Rape Elimination Act (PREA)
Into effect in 2003 – 1st US law addressing male prison rape
Setting a zero-tolerance standard for prison rape
Prioritizing the prevention of rape in each prison system
Devising and implementing national standards to detect, prevent, reduce, and punish rape
Collecting data and information on the incidence of rape
Increasing prison staff’s accountability for failing to detect, prevent, reduce, or punish rape
Transgender Prisoners
Two main approaches to transgender inmates:
Genital based placement
Identify based placement
59% of transgender inmates report being sexually abused (compared to 4% of general inmate population)
Often facilities will segregate the inmate to resolve the placement issue
Australian approaches:
Social based – emphasizes the social aspects of identity and how a person self identifies
Surgery based – has the inmate undergone Sexual Realignment Surgery
In U.S. often held in solitary, based on PREA laws for their own protection
Inmates have litigated the issue of whether they are entitled to hormone therapy
DOJ has said that inmates diagnosed with gender dysphoria must be treated the same as any other medical condition
Some states have “freeze frame” policies
Allow inmates to continue any treatment they were receiving before their arrest but ban new treatments
This policy existed at federal level until 2011
Now treatment plans must be regularly renewed, hormone treatment may be permitted, regardless of it was in place at time of the arrest
June 2015, 1st time could provide accurate estimates of rates of sexual victimization among transgender inmates:
An estimated 35% of transgender inmates in prisons and 34% in jails reported experiencing one or more incidents of sexual victimization by another inmate or by a staff person in the past 12 months, or since admission when less than 12 months.
About one quarter of transgender inmates in prisons and jails reported an incident involving another inmate, and almost three quarters said the incidents involved nonconsensual sex acts.
Transgender inmates reported levels of sexual misconduct by staff in prisons and jails as 17% in prisons and 23% in jails. Staff pressured 66% of transgender inmates to engage in sexual acts; among those victimized by staff, more than 40% reported physical injury by the staff member involved
Corruption
Corruption – intentional violation of organizational norms by public employees for personal gain
During 1st 5 years as Commissioner of DOC in MA, George Vose fired 80-100 staff as a result of misconduct
Petty theft
Trafficking
Embezzlement
Misuse of authority
Loss of personal valuables or contraband
Smuggling contraband
Generally involves officers
Conversion of state property to one’s own use
Misusing discretion for personal gain
½ of all complaints
Whistle-Blowing in Corrections
2017 60 minutes covered reported cases of whistle-blowing in CA prisons
Claimed inmates from different ethnic groups had been set up to fight each other in a small prison exercise yard
Not unusual for officers to place bets
If the fights got out of control, officers would sometimes shoot at inmates
6 inmates (in 9 years) had been shot dead and many other wounded
Mid 2018 a female C/O reported her fellow officers for sleeping on the night shift – she had asked them not to and told them she felt unsafe
They subjected her to graffiti on prison walls, abusive phone calls and letters, damaging her car
Oversight of Prisons
Judiciary has been the primary oversight mechanism
Prison Litigation Reform Act of 1995 (PRLA) – gave state and local government the right to end judicial oversight of their facilities
2006 – Katzenbach Commission drew attention to lack of oversight
Private prisons have even less oversight
Ethical Issues IN Probation And Parole
2019: 3.9 m people on probation
1990: 2.6 m people on probation
Workload of probation and parole officers has dramatically increased with the rise in intensive supervision probation
P/O’s face tension between role of parole/probation as treatment or as punishment, the supposed ineffectiveness of probation/parole as a form of punishment, concerns relating to the duty of these officers toward their clients
Conflict between surveillance and service
Parole is more surveillance than service – instructed to make surprise visits to parolees
Probation is sometimes more report writing to the courts than surveillance or service
Abadinsky proposed three models:
Law enforcement model
Primary role is public protection
Therapeutic model
Rehabilitation and aiding the offender is central
Synthetic model
Blend of LE and therapeutic models
Trend over past decade of making probation tougher, emphasizing risk control, and stressing enforcement of sanction for breaches of probation
Probation Officers and LE
Probation today has gained a new LE emphasis
Common for P/O’s to be proactive in enforcing probation conditions through monitoring, surveillance, search and seizure, drug testing
Legally a P/O can ask LE for assistance in searching probationers – search must be related to probation/parole and not a cover for police purposes
Probationers agree to waive 4th Amendment rights to allow for search and seizure of person, residence and vehicle
Probationers have a reduced expectation of privacy
Must be associated with legitimate government demands
Police also rely on P/O’s for info about probationers
Arming Probation Officers
2/3 of states parole officers are armed
Some argue that probation officers should not be armed because it creates an atmosphere of distrust between the officer and probationer
Some argue they need it for protection
ACA argues there should be a demonstrated need for firearms – and once demonstrated clear, adequate, ongoing training in their use
Federal system – most jurisdictions allow probation officer to carry firearms
Treatment or Control?
Goal of probation remains matching the probationer with treatment and rehabilitation services in the community
Caseloads should be between 30 and 50 cases
Currently P/O’s are challenged ethically between choosing who among their clients will receive adequate treatment services – especially as caseloads rise
There is also an increased demand for PSRs (Pre-sentence Reports) which are time consuming
Privatizing Probation
Largest private probation in AL is Judicial Correction Services
June 2018 – city of Clanton, AL had to terminate its contract following lawsuits alleging the company had threatened to jail indigent person if they failed to pay fees and fines due to the company
Charged a supervision fee of $40 a month
Some argue that this has resulted in a return to debtors prisons
United Kingdom: 70% of probation services are outsourced to the private sector
Parole
Year end 2018, DOJ reported 853,200 people were on parole
Re-incarceration rate for parolees was stable at 9%
Board of Parole Hearing recommends parole only 2 – 5% of the time
Marcy’s Law – interval between successive parole applications following a rejection have been fixed at 3 to 15 years – average waiting time of 5 years
Treatment for parolees is scare – often focus on surveillance
Greater number of parole violations are being detected and revocation is becoming routine – partly due to zero tolerance policies
At Risk parole Population Returned to Incarceration
Abolition of Parole for LWOP
Life w/o Parole (LWOP)currently being served by more than 41,000 inmates
Increase of 28,500 since 1992
FL, IL, OA, LA, ME, PA, SA and federal system have abolished parole
Graham v FL (2010) – LWOP for a noncapital offense is a violation of 8th A C/U
Struck down LWOP for juveniles for offenses other than murder
LWOP is the 2nd most severe punishment under the law – deprives convicted person of the most basic liberties without hope of restoration
Parole Officers AS Police
Tension between treatment and control has been resolved for parole officers – control is main focus
Has become a policing role
Over 80% of parolees are supervised on caseloads that average 69 parolees
Parolees are seen face to face less than twice a month
Parole officers complain about lack of time and resources, increased Paperwork, and higher caseloads
NINE Issues of Correctional Institutional Management
R Boomhower
Fisher College 2020
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1. INTAKE
Process set by Comm. of MA Regulations (CMR’s) & Agency Policy/Procedure.
Identification of Medical, Psych, Criminal History, Facility History, Court Orders, etc. Substance Abuse Issues, Enemy Issues, Staff Conflicts
How long will you be here?
Are you in the Warrant Management System?
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2. CLASSIFICATION
Who is Who?
What are you?
Who goes where?
Why are you here? (Sentenced/Pre-Trial)
What does your Intake folder look like?
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3. HOUSING ASSIGNMENTS
Color coded by Classification System (JICS).
What CMR’s effect your housing assignment?
Different module assignments for different inmates.
Different Security Levels for different inmates.
JICS, Jail Inmate Management System
SIMS, State Inmate Management System
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4. SECURITY ISSUES part 1
Inner/Outer Perimeter Policies/Protocols.
Inmate Visitor Control (Conflicts etc.) .
Staff Entry/Facility Deliveries.
Inmates speak a different language.
Inmates follow a different honor code/rules.
Inmates are possessive/controlling.
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SECURITY ISSUES part 2
Signs of Unrest= Hoarding Canteen items, Room Change Requests increase, Remaining in cells during Recreation Times, Increased requests to go to the Medical Unit, Damage to the Facility (flooding, graffiti etc.), Staff/Inmate Assault increases, Additional Contraband issues, Escape Plans.
Monitoring Inmate mail.
Monitoring Inmate phone calls.
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5. GANGS
Natural animosity between rival gangs.
Seeking “power”/control.
“Power” players must be kept separate.
Who’s vying for “Turf”.
Street Gangs (local city/town groups)
National Gangs (Bloods, Crips, Aryan Nation)
Law Enforcement Gang Taskforce
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6. SPECIAL MANAGEMENT
Dealing with Sexual Offenders.
Issues regarding Mental Illness.
High Risk Inmates.
Addressing Medical Issues.
Media Attention/Heinous Crimes
High Profile Inmates (Celebrities, Gang Figures, Public Safety personnel, Politicians).
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7. DISCIPLINARY ISSUES
Separating the “Good” from the “Bad”.
Accrued “Good Time” as required by law.
What is your Disciplinary Infraction(s)
Disciplinary Code of Offenses.
How long will you be sanctioned?
Where will you be housed, Administrative Segregation or Disciplinary Isolation?
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8. COURT DECREES
Mandated Sentences.
Judges Orders.
Medical Issues (Treatment).
Protective Orders.
Program Requirements. (GED)
Transfer Requests by the Court
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9. TRAINING
Inmate Training: both Mandated (PREA) & Requested (Computer, Art, GED, In-House (Kitchen, Laundry, Cleaning, Landscaping).
Hygiene, ACA & AJA standards.
Sheriffs Academy (Recruits) & Sheriffs In-Service (yearly)
Supervisor Training.
Mentoring and Career Advancement.
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Corrections in America
Fisher College
Criminal Justice Program
Robert Boomhower
2020
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Basics of Corrections
Jail, pre-trial detention, or awaiting arraignment or bail
House of Correction, sentence of Less than 2.5 years
Prison, sentence of MORE than 2.5 years
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13 Jails in 14 counties, only Nantucket County does not have a jail/house of correction. There are 344 lockups in Massachusetts. A lockup belongs to the police departments (state & local) as well as dept of youth services and dept of mental health
House of Corrections, again, 13 of the 14 Counties have a House of Correction. The latest figures available (2009) indicate that there are 15,229 inmates being housed in County Jails and Houses of Correction
There are 18 Prison Facilities in Massachusetts under the direction of the Dept of Correction, with varying degrees of security, from Pre-Release to SuperMax, as of this morning, the DOC had 11,893 inmates under their control, with over 3800 corrections officers “holding down the fort”. 8% (942) are doing “life w/o parole” 92% will be released eventually 41.2% of those with no supervision 23.3% on parole 24.3% on probation 12.2% on both parole & probation
The Purpose of Corrections
Criminal sanctions in America have been based on FOUR schools of thought throughout the years. Sanctions changed as attitudes and correctional practices changed and society evolved.
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Criminal sanctions and the “schools of thought” behind them change appox. Every 60 years.
Beliefs come from culture and religion as well as social issues at a given time.
Society seems to find a “Crime of the Decade” in which laws are passed, editorials are written and punishments become more severe.
Examples of this are Operating Under the Influence, Domestic Violence, Drugs, and Elderly Abuse just to name a few.
The Purpose of Corrections
Retribution: a belief that criminals deserved to be punished. An “eye for an eye” as spelled out in the Bible and other early writings. A belief among the Puritans that landed here in 1620, that was derived from English Laws and became the foundation of corrections in America.
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Normally a belief held by many religions that take a hard line approach to a persons behavior. This attitude was brought here by the pilgrims who were escaping religious persecution in England. Has a firm basis in English Common Law also known as the “Kings Laws”, and eventually found its way into colonial law.
The Purpose of Corrections
Deterrence: punishment that was severe enough so that the criminal and society in general, would not commit that or any type of crime again.
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20 lashes with a whip for stealing food, 3 days in the “stocks” for being drunk on the Sabbath. (Colonial America) In some cultures at some times the punishment was more severe. How about hanging for horse thievery? (United States) Having a finger or hand cut off for stealing. (Muslim) How about being stoned to death for Adultery? (Hindu)
The Purpose of Corrections
Incapacitation: any type of detention that removes an offenders capacity to commit further crimes. Prison sentences, monitoring programs, 3 strikes laws, work release programs and the death penalty as set down by the courts or corrections that is designed to either keep criminals “off the street” or under close scrutiny
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LOCK EM UP….THROW AWAY THE KEYS!!!!! Get tough on crime Take back the streets etc etc etc Mandatory Sentences Truth in Sentencing
The Purpose of Corrections
Rehabilitation: an attempt to change criminal intentions through counseling, training or therapy.
Examples of these types of programs include: Anger Management, Alcoholics Anonymous, Educational Training (GED), Substance Abuse Counseling and many more.
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This is what your Programs Division does…………be supportive of these programs……it gets the inmate out of your unit for the day or at least a few hours.
Sheriff Marshall used to say you cant rehabilitate someone who has never been habilited in the first place.
What does that mean?
Do you really want an Inmate right back in your community that we haven’t at least TRIED to counsel and correct?
Criminal Sanctions in the United States
Probation: reporting to an officer of the court on a scheduled basis. May include requirements as set down by the court as conditions for an inmate to remain in society.
Examples of these types of sanctions include, counseling, drug testing, acceptable housing and/or gainful employment.
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Do you think Probation is effective? …..are Probation Officers overworked? The Office of the Commissioner of Probation currently oversees 244,995 probationers. The Mass Parole Board supervises 4,854 parolees
Criminal Sanctions in the United States
Restitution or Fines: monetary returns as set down by the court to satisfy a debt to society.
Restitution is paid to the VICTIM.
Fines are paid to the COURT.
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Money Talks
Is RESTITUTION justice?
Does the court fine criminals in sufficient amounts for it to be a deterrent?
Criminal Sanctions in the United States
Community Service: repayment of criminal debt by working in/for the community your crime was committed against.
Generally speaking, a fairly effective program for first-time or juvenile offenders.
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What do you think of programs like this?
Are they effective?
Does a juvenile or first offender really learn a lesson by washing police cruisers or picking up trash?
Or is it more of an inconvenience?
Criminal Sanctions in the United States
Day Reporting: A program that allows a criminal to remain in society, keep his/her job, and to live with and provide for their family.
Additionally, it provides for daily or weekly reporting to the sentencing court.
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What’s your opinion of programs like this?
Does it reduce the welfare roles?
Does the criminal learn a lesson from this?
Criminal Sanctions in the United States
Electronic Incarceration Programs (EIP): A program where a monitoring bracelet is attached to a criminal’s ankle, for the purpose of house arrest or restricted scheduled time out to work or other essential activity.
The “Martha Stewart” sentence, (5 months in prison, 2 years probation / 5 months of home confinement w / electronic monitoring)
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Martha Stewart was charged with 4counts of obstructing justice, lying to investigators, making false statements and perjury.
Crimes that carry a 5 year sentence and/or $250,000 fine for each count.
It cost the taxpayers 2.7 million dollars to prosecute Martha Stewart (which she pleaded guilty to), $141,000 dollars to incarcerate and supervise her.
She had avoided losing 46,673 dollars by selling stock in a pharmaceutical company a day before its was refused FDA approval for a new drug it had developed.
She had received inside information from her stock broker regarding its denial
Did the Taxpayers get their monies worth for this prosecution?
Did the punishment fit the crime?
Criminal Sanctions in the United States
Incarceration: Jail, House of Correction or Prison sentence as determined by the Court based on the type and severity of the crime and the legal sanctions that can be imposed.
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Criminal Sanctions in the United States
Execution: death penalty if allowed by state statute. Currently there are 38 states, (Massachusetts is not one of them) and the Federal Government with capital punishment laws.
Most commonly, the sentence is carried out by Lethal Injection. (35 states)
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Lethal Injection 35,
Electrocution 10,
Gas Chamber 11,
Hanging 2 (NH & WASH),
Firing Squad 2 (OKLA & IDAHO)
Governing Correctional Behavior
The United States Constitution
The First 10 Amendments of the Constitution are known as the “Bill of Rights” (ratified December 15, 1791)
Only 5 Freedoms are mentioned in the Constitution:
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Most criminals and for that matter most citizens confuse freedoms for rights
Governing Correctional Behavior
Writ of Habeas Corpus – Bring the body before the court
Ex-post Facto – No retroactive criminal laws will be enacted
Bill of Attainer – No law against a specific person or group will be enacted
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HABES, one of the most common terms regarding the transportation of inmates
You don’t usually hear about this freedom, because laws are reviewed prior to proposal, hearing and passage. It implies that if they pass a law today making it illegal to be a recruit officer in Plymouth County, we cant lock you up because it was legal for you to be here prior to the laws passage
Here’s a freedom that hadn’t been challenged for over 110 years until last year in Maryland (Wal Mart vs. The State of Maryland) regarding health care payments
Governing Correctional Behavior
The United States Constitution
First Amendment, 1791: freedom of speech and press, freedom to establish & exercise religion, right to peaceful assembly.
Fourth Amendment, 1791: freedom from unreasonable search & seizure.
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Governing Correctional Behavior
The United States Constitution
Eighth Amendment, 1791: freedom from cruel and unusual punishment.
Fourteenth Amendment, 1868: due process and equal protection under the law.
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The Constitution of the United States of America
1791 – 5th Amendment – Right Against Self Incrimination, Double Jeopardy (after acquittal)
1791 – 6th Amendment – Right to Counsel, Speedy Trial & To Call Witnesses
1795 – 11th Amendment – Clarifies judicial power over foreign nationals, limits ability of citizens to sue states in federal court
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5. Pleading the fifth,
6. right to have an attorney (Miranda Warning) Guarantees access to and assistance of counsel (Johnson v Avery stated that inmates could consult with “jailhouse lawyers” when advice from professionals was not available Law library (we must provide the means/ability to pursue legal claims (Lewis v Casey) forms the basis for our inmate disciplinary policies
11. why is this important today? (Terrorism, DETAINEES) or
The govt. protecting itself from massive tort claims such as environmental disasters and judicial or law enforcement wrongdoings (illegal wiretaps etc)
The Constitution of the United States of America
1st Amendment: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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What could possibly bother inmates about this amendment?
Didn’t they get all this already?
Or do they lose some of these rights when they go to jail?
Can inmates “assemble” to attend religious services? yes
Can we open their mail and censor it? Yes
Do we have to provide dietary accommodations for certain religions? yes
1st Amendment Decisions
Turner v. Safley, 1974. allowed institutions to ban correspondence between inmates
Thornburg v. Abbott, 1989. Allowed institutions to reject incoming publications detrimental to security or may facilitate criminal activity
Fulwood v. Clemmer, 1962. Allowed Muslims to hold worship services
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Here are the more important constitutional decisions that effected the daily lives of inmates in America
Why would we ban correspondence between inmates? Security risks? Like what? Escape plans?, Contraband? Riots?
Why cant inmates read whatever magazine they want…..you can? Maxim, Easy Rider & Stuff banned in Norfolk County ( gay bashing and how to escape from prison articles)
What’s the matter with Muslims worshiping in jail? Belief that they promoted violence against the government and law enforcement
The Constitution of the United States of America
4th Amendment: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons and things to be seized.
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Can we strip search inmates? YES Strip searches permissible when security interests dictate the need (Bell v Wolfish)
Can we search a cell and seize materials found there? YES Its not reasonable to expect the same level of privacy accorded a home or automobile (Hudson v Palmer)
Massachusetts Declaration of Rights, Article XIV
Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers and all of his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or seizure; and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.
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4th Amendment Decisions
Lanza v. New York, 1962. Conversations recorded in a Visiting Room are not protected by the 4th Amendment
Bell v. Wolfish,1979. Strip searches & cavity searches are not unreasonable
Hudson v. Palmer, 1984. Officials may search cells without a warrant, and seize materials found there
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The Constitution of the United States of America
8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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Issues addressed in lawsuits were lack of medical care, overcrowding and use of force
Do we have to provide adequate medical care….it costs a lot of money
Is it our (mine and your) fault that our jails are overcrowded?
Why cant I beat you into submission until you behave yourself? If I cant do that, can I withhold food/water?
8th Amendment Decisions
Estelle v. Gamble, 1976. Deliberate indifference to serious medical needs violates the 8th Amendment
Rhodes v. Chapman, 1981. Double bunking & overcrowding do not necessarily violate the 8th Amendment
Wilson v. Seiter, 1991. Prisoners must prove conditions are not only cruel, but are caused by deliberate indifference
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Deliberate Indifference: injury (mental or physical) inflicted intentionally or deliberately by officials. KNOWING SOMETHING IS WRONG AND NOT DOING ANYTHING ABOUT IT WILL GET YOU SUED!!!!!! Addresses attitudes towards basic human needs. Failure to have qualified medical staff or providing inadequate treatment GIVE ME AN EXAMPLE OF DILIBERATE INDIFFERENCE
The courts have held that overcrowding alone does not constitute cruel and unusual punishment, HOWEVER, conditions that result from overcrowding can be unconstitutional such as the deprivation of basic needs like food, warmth or exercise
The Constitution of the United States of America
14th Amendment: (1868) All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without the due process of law; nor deny to any person within its jurisdiction the equal protection of its laws.
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So….here’s my opening question……can we put people in jail????????????
14th Amendment Decisions
Wolff v. McDonnell, 1974. Due process must be present when decisions are made concerning the disciplining of an inmate
Baxter v. Palmigiano, 1976. Although due process must be accorded, an inmate has no right to counsel in a disciplinary hearing
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When you get your class on Inmate Discipline you’ll see how this amendment affects your policies
Governing Correctional Behavior
Statutes: State Laws enacted by the Legislature.
Examples of these types of laws include, Domestic Abuse Act (Chapter 209), Assault & Battery, Homicide, Sexual Assault or Abuse, Senior Citizen Abuse, Stalking, Motor Vehicle Laws (Chapter 90) and many more
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Ask yourself this question………What type of a society have we become when our legislators spend their time passing anti-abuse laws
Governing Correctional Behavior
Case Law: decisions of the court, (State, Federal or the U.S. Supreme Court) that define, constrict, or allow certain behavior or acts.
Many times these decisions are a result of Inmate Lawsuits or regulatory issues. An example of this is Gregg v. Georgia USSC 1976, upholding the Death Penalty
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The majority of case law came about because the police or corrections didn’t do the “right thing” in the first place
Governing Correctional Behavior
Regulations: State Regulations in Massachusetts are known as the CMRs, (Commonwealth of Massachusetts Regulations) and dictate how inmates are classified, quality of services rendered, medical care, cleanliness and educational programs etc.
An example of this is CMR 915.03, Orientation & Training Requirements
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Governing Correctional Behavior
Policy: Sheriff’s Office policies are designed to guide inmates and staff in the everyday workings of, and the rules by which the facility is governed. These policies are commonly referenced as CSD’s (County Sheriff Department) and are broken down by numbers and directive.
An example of this is CSD 230, Staff Discipline
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