The Great U-Turn

What were the 60's and 70's best known for, vs. the 80's?

-Harrison and Bluestone described the new economic order and cultural ethods of the 1980's

-Reagan administration

-Best known for their social activism, civil rights, and welfare policies.

-The 1980's were known for the supply-side and trickle-down economics of 'culture of greed.'

-Both the 60's 70's and 80's all linked to the Reagan presidency.

-Further advocated the privatization of certain govt. operations

-Reduction/elimination of welfare and job programs

-Rebuilding of welfare programs

-Welfare was now seen as subsidizing the undeserving

-As corporations profited from mergers, hostile takovers, downsizing, multinationalizing, and de-industrializing, product output and reinvestment suffered.

-The increase of wealth for the already wealthy during the Bush and Reagan administration drove this.

-Produced

-The Stock Market crash

-Savings and loan scandal

-Incarceration of high-profile entrepreneurs

-Was on the decline

-Drove the belief during the Bush and Reagan administration.

-Largely a reinstatement of the classicist doctrine of freewill

-Assumes criminals are opportunistic actors, capable of calculating the consequences of their behaviors. 

-Based on the 'expected utility,' principle of economic theory, Rational Choice holds that human decisions are determined by the max of profit and min of loss.

-Specific crime at specific places

-Belief during the Bush/Reagan administration.

-Cohen and Felson said that crime is an event precipitated by 3 factors

-Freely motivated offenders

-Suitable targets

-Absence of capable guardians

-Decreased in victimization will only occur when there is a consistent reduction in at least one of these factors.

-Reagan-Bush was unique in scope and character

-Far more extensive, expensive, and punitive

-More punishment, less crime

-Get-tough

-Had a severe blow to the rehabilitative ideal

-Resulted in 'do justice.'

-Means a person's claim to fair and just punishment should always supersede the achievement of societal aims.

-Therefore, punishment can only be justified as censure for deeds already committed, not crimes to be prevented in the future.

-Tied to 'just deserts.'

-Porportionality and consistent sentencing for similar offenders

-Porpotionalism doesn't require exchange of harm.

General Incapacitation vs. Selective Incapacitation

-General: Crime control through policies that increase incarceration of all categories of offenders

-Selective: Proposed only certain offender groups, either habitual or the most dangers, be targeted.. given the cost of incarceration

-Dyer said they included

-War on drugs

-Abolition of parole and indeterminate sentence

-Mandatory minimums

-Habitual offender statutes

-Intermediate punishment

-Truth in sentencing

-3 Strikes

-Expanded use of capital punishment

-Started with Clinton's passage of 'Plan Columbia,' later renamed 'Andean Regional Initiative.' under Bush Jr.

-Both initated provided military and financial aid to Colombia to combat growth of heroin and coke

-Act abolished parole in the federal system and authorized the placement of existing indeterminate sentencing structure with guideline-prescribed determinate sentencing structure requiring harsher and longer punishment

-Mandatory minimums for federal drug offenses and offences using a firearm

-Authorized the first and most severe mandatory sentences.

-Called for 15 year mandatory prison term for any convicted of selling more than 2 ounces, or possessing more than 4 ounces

-By cutting funds to education, welfare, and other social programs.

-Intermediate punishment

-Home confinement

-Electronic monitoring

-Boot camp

-Probation

-To curb early release of violent offenders who were displaced from prison for non-violent drug offences

-Truth In Sentencing: Aimed at restoring confidence for the public in the sentencing process and increasing time spent in custody in relation to the sentence mandated by court. 

-Should have to serve 85% of maximum sentence 

-Inmates sentences under a parole or indeterminate sentence couldnt be released aftter the minimum time, regardless of good behavior.

-3 Strikes: Goal of imposing ultimate prison sentence, prison without possibility of parole for a 3rd felony conviction.

-Killing of 12 year old by a parolee les to this.

-First 2 felonies must be serious

-California only state to applied these.

-Very costly

-Extended the sanctions of death to homicides occuring in the course of drug activity

-Required defendant provide evidence of racial bias and, if bias could be demonstrated, the sentence would be reduced to life in prison.

-Happened after GAO reported that 82% of capital punishment studies showed race is relevant in bias.

-Executions excelerated

-Passed by Clinton

-Eliminates the right to appeal by shorting the process of filing habeas corpus to one year.

-Some say this is too expensive.

-Increased incarceration

-After congress passed federal drug laws, people incarcerated for drug offences increased 400%

-The discretion from judges to prosecutors

-Rather than helping overcrowding and costs, it often contributed.

-Not possible to strictly enforce the conditions that made it more punitie than probation without underming the goals of reducing overcrowding and costs.

-Not so much serious and increasing crime rates

-Media and politics

-Politicians exploited the easy issue of crime to gain public support, while media reported the problem, often must worse than it was.

-The spike in female incarceration rates.

-When the women offender rate was low, so were the resources devoted to their needs

-Spiked greatly, surpassed those of men.

-254% for females, 147% for males

-Very low

-Reasons

-1/4 weren't caring for the child prior to prison

-Prison Conditions play a large role

-Families must travel far distances

-Must wait hours

-Callous treatment of prison officials

-Searches

-Visitation environment

-Absence of gyno care, diets, nutrition, maternity clothes, and educational classes.

-Non-sterile searches can led to disease

-Indifference to drug addicts who are pregnant, fetus also has withdrawal symptoms

-Shackles in transportation and during childbirth (leg shackles)

-Gaining access to the resources to do so.

-They are a ward to the state, cannot make money to afford the abortion

-Must rely on state to make the arrangements

-Cruel and unusual punishment due to the 8th amendment, said Vitale

-Unnecessary infliction of pain

-Constitutes a failure to meet medical needs

-Have grown dramatically during the past 2 decades

-Very high in the south, where the elderly tend to reside and sentences are longer

-With enough punishment and incarceration, crime would reduce.

-If its not reduced by deterrence or incapacitation, get-tough would be supported on grounds of justice

-Punishment only for deeds already committed, not for prevention.

-General and Selective Incapacitation

-Hard to pinpoint

-Usually specific crimes

-Larceny/theft, DUIs, public drunkeness, sexual crimes, crimes related to alcohlism

-Greatest increase in drug and property offenses.

-Get-tough legislation 

-They are often in a worse state of health than younger criminals

-80% acquire a chronic illness after the age of 65 that requires long-term care

-Most important, the day-day to accommodation cost the most

-Wheelchairs, bars in showers, lower beds

-Its not standard policy to have separate facilities

-Not on age alone, most assignments to special housing are due to health

-Arguments for why elderly should be housed in a different facility

-Vulnerable to abuse by other inmates

-Difficulty coping with the fast-paced and nosy jails

-Navigating the environment to food, recreation areas, etc.

-Not part of prison subculture

-Elderly refrain from recreational activities because of embarrassment or frustration

-Need for hospice care in prison has accelerated because of this. 

-Nursing homes unlikely to take in those convicted of a serious crime

-Local govt. become eligible for grants to create alternatives to state mental hospitals

-Spawned development of community mental health centers

-Mentally ill better served at the local level

-Interdependent relationship between mental hospitals and prisons.

-Both share or exchange populations based on the relative amount of resources.

-More deaths globally than any other disease

-Due to increases in poverty, homelessness, drug use, and immigration

-HIV likely to accelerate TB

-Violated 1st, 4th 8th, 14th, and the right to privacy

-Those with were positive said screening and segregation policies are discriminatory, and invade privacy

-Those negative say it violates their constitutional rights

-Education, opposed to testing and segregation

-HIV positive inmates often teach classes to educate the rest of the inmate population

-No longer in crisis mode

-Focus shifted to long term conditions and accommodations of those positive 

-Housing

-Programming

-Medical care

-Have increased in popularity

-For only the most serious and dangerous offenders

-Adds more security

-3 essential elements

-Accommodation is that physically separate from other units or facilities

-A controlled environment emphasizing safety and security through seperation from staff and other prisoners and the resricted movement

-Prisoners who have been identified through an administrative rather than disciplinary process as needing special control on the grounds of their violent or seriously disruptive behavior in other high-security facilties

-Inmates locked alone

-Postmodern: Post WWII society. Assumption of diverse subjective truths.

-eclecticism, pluralism, fragmentation, relativism, ambivalence

-Modernity: Enlightenment to 1960. Use of reason and science to discover truths

-Used to integrate different theories of crime

-Seeks to identify temporal ordering of variables contributing to criminal behavior. 

-Could argue that high levels of culture conflict and strain lead individuals to develop or join delinquent subcultures that lead to criminality.

-Forge relationships between theories that capture temporal ordering, or the sequence of events and conditions, that culminates in criminal behavior

-Combines elements of biology, psychology, and sociology.

-Contend that certain individal level characteristics predispose individuals either toward criminal behavior or towards learning criminal behavior. 

-Acknowledge that biological factors, generic or not, shape individual traits that influence the learning process.

-Micro: To integrate two or more theories to explain specific instances of individual criminal behavior

-Macro: Attempts to explain group crime rates

-Way to search what programs works with individual instances

-If crime is attributed to some imprecise combination of everything, than an imprecise combination of everything will be applied to the problem of crime.

-Mandatory minimums, strikes, restorative justice, etc.

-Sex offender registrations, supermax prisons, death penalty, offender re-enty, privatization

-The war on crime

-In terms of vigorous efforts to pursue more convictions and severe penalties

-Increased conviction and longer prison sentences have resulted from national efforts to get tough on sexual offenders.

-Colonial

-Period of transition

-Jacksonian

-Progressive

-Period of crisis in 60s and 70s

-1980s Rational Choice

-Present

-SONR.. Sexual Offender Notification/Registration

-Every state has them

-Violent crime control and enforcement act requires offenders to register whereabouts with law enforcement

-States must develop sex offender registries or they risk losing funding for law enforcement

-Variations among states

-Argued that it violates privacy, double jeopardy, and cruel and unusual punishment 

-SOCC.. Sexual Offender Civil Commitment

-In 16 states

-Permits incarceration in the facilities after they serve their sentence

-Based on assumptions that they suffer a mental abnormality that makes them more likely to recidivate and as a group can be differentiated by risk. 

-But research shows they are no more likely to offend than other offenders.

-Burden of how to treat different types of offenders

-SORR.. Sexual Offender Residency Restrictions  

-Prohibits all sex offenders from living within a certain distance of places inhabited by children. 

-Authorities have a lot of problems finding housing for them.

-Can lead to isolation, financial/emotional stressed, and instability.. which can cause recidivism. 

-Been declining since 1999, as well as the support for it.

-Major factor in moving away from capital punishment is the number of death-row inmates to be found innocent.

-Umbrella term for strategies to aim the transition offenders from prison to the community effectively. 

-Invoke the much 'softer' language of redemption 

-Second Chance Act

-Also known as invisible punishments

-To do with offender re-entry

-Collection of laws that operate outside the jurisdiction of judges, yet diminish the rights and privileges of those convicted of a felony. 

-Stop those convicted of things such as voting, and holding public office. 

-Harder chance to get a job

-Traditional Rehab: Substance abuse, education, behavior treatment

-New Generation: Employment preparation, housing, social services

-Both to do with offender re-entry

-Private companies own facilities such as jails

-Not new, tied to the post-civil war south and the convict lease system

-Asserts that only state and federal government should be allowed to punish citizens

-Bottom line is 'doing well,' which interferes with the public mandate of 'doing good.'

-Try to save money by not properly training, having only the bare minimum of staff, reducing inmate programs, etc.

-Also privately owned probation, parole, etc agencies.

-Often called the 'Iron Triangle' or 'Corrections Commercial Complex'

-Early 1900s criminology came and was preoccupied with establishing itself as a scientific doctrine until 2000

-Driven by science

-Refers to the use of criminology's best science and knowledge to inform and guide our public policies aimed at confronting crime. 

-Example: electronic surveillance

-Today we focus on technology

-But this causes net-widening

-The society is to blame, not the criminal

-Also to blame is the criminal justice system and how its responses to crime. 

-Distrust of government

-Decentralization and diversion to avoid labeling and formal criminal justice systems all together

-Labeling Theory was big here

-Modified version of free will

-Rational Choice Theory

-Offenders exercise rational choice in committing crimes, and so we needed strategies like those in the period of transition

-Punishment needed to be seen as too costly to the offender

-Use fines, pretrial intervention, restitution, community service, etc.

-Most notable difference is the use of technology for surveillance and control, such as satellites 

-Tendency of penology to ignore history when responding to the present or informing the future.

-Discarded ideas and practiced are reinforced and repackaged, at the same time the expectations for these practices remain the same..

-that the same strategies will be effective for crime control

-Reformers  will interpret past events not necessarily as they were, but as they choose to remember them.

-Focus not on how historical events unfolded, but current events. 

-Pattern reveals we operate under illusion of knowledge

-Transformation of penology over time, today marked by technology

-Things such as drug testing possible employers, school children getting 'bar codes,' house arrest, Thumb print scanning

-Predictions about health risks, life span, earning capacity, etc. can be made through electronic profiles

-The citizens are behind the current culture of control.

-Each generation of reformers thinks it knows best what causes crime and believes it knows best on how to control it effectiely.

-Patterns of social amnesia reveal this

-Our success lies in realizing how little we know, rather than how much we know, 

-Recognition of ignorance

-We haven't carried out what we say we have. 

-Caused by the disparity between ideas and practices

-As a result, more and more of the base population has become subject to some form of penal control.

-Will lead to even more technology driven control and surveillance with satellites

-Not only increased people with technology based control, but it also makes control more encompassing and complete

-Can be called 'median secure society'

-Increase in 1990 even though crime was decreasing

1. They are removed from their environment that is what resulted from them being there in the first place. Away from the criminogenic environment. 
2. They mature
3. They transform their thinking and personalities. 

-For reason lifers have a very low risk of offending.

-The bureau of justice statistics federal government organization collects data on crime or criminal justice system. 1.2% of murders who are released actually get convicted of a new murder. 10.8% return to prison for committing a new felony.

-California is thinking about helping their budgets by releasing all people who have spent a certain amount of time in prisons “lifers” will be released. 

1.
2. Extremely hard to find adequate housing

3. Extremely hard time to find a job (hardest thing, especially if you are a murderer)

Assume you were john Irwin and were hired by California budget what would you do (what are his beliefs basically)?

-Irwin was a major spokesperson and experts on American prisons he wrote the felon, prisons in turmoil, America’s imprisonment binge, and his last book was lifers. Writes from a unique perspective he was a prisoner in san Quentin that means he knew the pains of imprisonment and the modes of response firsthand. 

-When he was released he returned to southern California and went UCLA and received a PhD getting the academic skills so he blurred both those skills which gave him great credibility. 
-What he tries to argue is that there are good people in prison and we shouldn’t incarcerate them as long as we do. He said we are creating a class of super predators. 
-Idea we have a lot of people who made mistakes and have seen the error of their ways so they don’t need to sit in prison to be developed into good members of society. 

-Discovery of prisoner

-Socially determined criminals

-Fully urbanized

-Dramatic population growth, people came for jobs.

-Slums emerge

-Heavy drinking

-Urban disenchantment

-People looked at the urban city, said this is bad, let's go back to the old days.

-Gave rise to Social Disorganization

-Main goal was to change criminals

-Well ordered asylum, penitentiary, youth reformatories probation

-Crime is a result of space or place, not individual phychology

-Rise of Progressive ideology

-Religion, but not as crucial as in earlier days.. it decentralized.

-Wealth, population size, immigration, broken family, etc. were reasons for crime. 

-Fundamental features of crime control

-Small, close-knit communities because of amount of separation between populated areas.

-Grim Determinism: God controlled everything, nothing you can do to change it

-Religion was huge

-Common punishment was banishment

-People came to freely practice their religion

-Crime resulted from people seeking pleasure and avoiding pain

-Science

-Beginning of mass poulations

-Goal was to punish and deter 

-Change across the nation

-Aimed to change offenders

-Recidivism discovered

-Criminals dont make up a single class

-Routinized control

-Juvenile courts

-More scientific

-Up until right after this time, we thought more was better.

-More info about the offender, more we can do to help.

-Social disorganization which led to culture conflict

-Differential Association: People become delinquent through learning.

-Anomie and General Strain theory

-Rehab

-Not a lot released on parole because

-Parole board determines eligibility but governor can veto and deny them.

-Parole board only looks at the offense to determine eligibility, not behavior in prison, family, prior record, etc. 

-Largest prison population

-People thought we were morally bankrupt after the 60s because of no morals because of drug use, sex, etc.

-Belief was that we need to reverse everything, remove all forms of liberalism from the government

-This led to the election of Reagan

-Wrote Crime and Human Nature

-Argued certain individuals are more disposed toward criminality than others, evidenced by repeat offenses.

-Criminal disposition starts in infancy and negative social environments nurture it.

-Genetics, class, and morality can separate criminals from others.

-

JJEEP

Bobby M. Consent Degree

-Juvenile Justice Educational Enhancement Program

-Quality assurance reviews 200 Florida juvenile justice programs

-Ensures high-quality, comprehensive educational services to students in the florida juvenile justice program.

-Research includes program evaluation, literature reviews, longitudinal research

-1998 FSU college of criminology received grant. 

-Goal was to go to every juvenile center annually and evaluate and assess the value of education being received, conduct best practices research to ensure improving educational services in FL

-Bobby M. Consent Degree: Federal court decision found FL to be inept and illegal in how they provided custody, care, education for juveniles

-Savings in the billions

New Utilitarianism

And issues with individualism, rights, and culture of control

-Have a strategic plan that governs this society in scarcity, which puts new control in scientific communitty.

-We need to realize we know very little, not a lot about how we can correct crime.

-Privacy is becoming jeopardized in today's years.

-Policies shouldnt be implemented without empirical justifications

-People can't assume that corporations, govt., and businesses will regulate or protect us from fast-devloping technologies

-Policies and practices led to net widening