-The Progressive Era was a broad social mission that created..

-And it's premise was.. and was coined and named what by..

-Parole

-The Reformatory

-Indeterminate sentencing

-Juvenile court

(Progressive Paid The Repairs In Sandy's Jeep )

-That scientific casework would reveal the causes of crime and appropriate rehabilitative strategies

-Coined as the 'Twentieth-century Rehabilitative Ideal,' by Francis Allen

-Characteristics of individual criminal offenders

-Group associations

-Immediate area of residence

The twentieth Century Rehab Ideal fueled a search..

In terms of Chicago School..

-For the causes of crime that was undertaken in large part by the newly created University of Chicago.

-The University Sociology department, known as the Chicago School, shaped the prevailing wisdom of crime until the 1930s.

The ideological force driving the explanation of criminal theories, and the federal, state, and local justice systems was..

This was called what and by who?

-The ideological force ..That more knowledge about the offender enables better individualized treatment and generates more power over the offender, which necessitates more program options

-Foucault called this escalating spiral of life history, theory, and programing as a 'Knowledge-power dyad,'

-Classification

-Rehab

-Professionalization

-Bureaucratization

Expansion Created Real Professional Businessmen

-Human behavior is a product of antecedent causes

-The antecedent causes of human behavior can be identified and behavioral scientists should discover/describe antecedent causes/possible explanations

-Knowledge of the antecedent of problem behavior enables scientific treatment of  behavior problems

-Measures used to treat criminal behavior serve a therapeutic function: They are though to be in the best interest of the offender/society by making those treated into contributing members of society

What did Rockefeller do for the Chicago University?

His concerns among the work force.

-He granted a Baptist College in Chicago millions of dollars so it could be transformed

-He was concerned about the instability.

-They lived in slums, which were a breeding ground for social problems among the workers and their children.

-He was concerned for his workers and future workers.

-Gave way when the journalistic and social work orientation in the 1920's established the ambition of explaining the social and economic forces at work in the slums and their role in shaping the way people in the slums thought.

-It was the Chicago School's fundamental contribution to the explanation of crime.

-There are character processes where individuals are socialized and control and community social organization is maintained

-General theory of crime and delinquency that evolved from social pathology/social disorganization research at the University of Chciago.

-Culture of slums are in conflict with the dominant culture of middle-class America

Differential Association

Who started it?

How does it relate to the Chicago School?

-Refinement of Culture Conflict

-Sutherland thought Culture Conflict was lacking

-Contended that people become delinquent through a form of learning structured by the individual being exposed to an excess of definitions to the violation of law rather than excess of unfavorable to the violation of law.

-Found Chicago School found differential social organization rather than social disorganization

-Learned from the same principles of law-abiding behavior.

-Thought it could explain patterns of crime

-Merton

-Presents another theory of crime that epitomized structural functional explanations of crime

-Wanted to know why western crime was more prevalent. 

-Argued that all Americans, no matter social status, are subject to a common socialization process that stressed high aspirations and open access to the means of achieving them.

-BUT, because all Americans do not have equal means of succeeding in their efforts, many suffer from relative deprivation which results in anomie.

-Of it's high aspirations and failure to provide equal access to achieve

-In other countries, highly stratified and well-defined socialization systems existed.

-People are born into certain groups and their aspirations are already spelled out for them and easier to achieve

-Coined by Cohen

-Lower-class boys are driven into gangs through this process

-Using Merton's Theory of Relative Deprivation, he thought lower-class boys are unable to succeed in middle-class structured schools.

-Miller

-Lower-class factors

-While middle-class culture focused on achievement, hard work, and postponed gratification, lower-class cultures focal concerns were centered upon toughness, masculinity, and skills with many things.

-These concerns are learned and result in culturally institutionalized delinquent behavior and lifestyles

-Combined Chicago School, Merton, and Sutherland

-Found that delinquents could pursue different and independent delinquent lifestyles

-Lower-class people who experience relative deprivation and turn to delinquency will learn and pursue these delinquent lifestyles available- drugs, prostitution, gambling, violence, etc.

-Therapeutic

-Most widely used was group counseling

-Academic

-Vocational

-Cooking, cleaning, butchering, welding, nursing, etc

-Emerged because of declining demand for unskilled workers and an increasing minorities in the prisons

-Many progressive beliefs regarding prisoner classification, training, and treatment.

-Stressed the professional capacity of parole agents to craft treatment programs responsive to individual needs of the parolee and work independently of the community. 

-Simon said this created an 'underclass,'

-He thought policy makers believed there was a class of people who couldnt be absorbed into the labor force until they have been altered and fully prepared

-Because of this, parole changed from 12-14 month to 29 months

-Coined by Lemert

-Only those probation and parole cases that are particularly difficult or problematic receive any level of individual care or control

-Officers must manage and control their caseloads with little or no time for concerns such as individual treatment, rather their focus was on the most difficult cases

-Most common caseload management technique is this.

-Written by Clemmer, from prisoners perspective

-Sociological interest began with this

-Used assimilation as framework. 

-'A person learning enough of the culture of a social unit into which he is placed to make him characteristic of it.'

-Coined the term 'prisonization,'

-U shape.. as time goes on, this is how 'prisonized,' they become

-Said all prisoners go through steps

-Didnt address the impact of prisonization after release

-Written by Sykes

-Social-Psychological perspective to study the inmate social system of the New Jersey State Prison

-Examined the impact of prison environment (the social) on the mentality and self-concept (psychological) of the inmate.

-Described Pains of Imprisonment.. psychological pains that are often forgotten but just as painful.. which have their roots in the frustrating manners of the inmates captivity.

-Deprivation of liberty (most important)

-Beyond being confined

-Their free will to interact with outsiders

- Isolation

-Adapt to this pain by rejecting their rejecters

-Deprivation of autonomy

-Loss of self-determination

-Their individual decisions taken away for daily functions..eating, sleeping, etc.

-“Gestures of authoritarianism”

-Inmate antagonism toward rules likely is aggravated because officials feel no obligation to explain why the rules exist

-Prolonged exposure to this environment leads to hopelessness and dependency

-Deprivation of goods and services

-Psychological value of ownership and possession of necessities and amenities; difficult to rationalize loss because it cant be justified in gratifying terms

- Impoverishment is self-created which diminishes self-worth

-Deprivation of heterosexual relationships

-Masculinity constantly challenged in all-male prisons

-Sexual frustration from lack of hetero and surrendering to homo encounters further degrades the self-concept.

-Deprivation of loss of security

-Worth thing is to live with other prisoners

-Inmate’s manhood and self-concept hinges upon reaction and ability to cope with insecurity

(Goods and Services in Heterosexual Relationships Automatically Liberate your Security)

-It's best to establish patterns of social interactions in the prison community

-NOT peaceful change through legal means or escaping physically or psychologically

Collectivistic vs individualistic orientations

What are inmates not to do?

-Collectivistic: Greater the inmate solitarity and the less severe the pains of imprisonment

-Individualistic: Verbal rather than actual allegiance to the code

-Inmates are not to

-Interfere with others' interests

-Lose their head

-Exploit fellow inmates

-Weaken

-Be a sucker

-Those who follow this are known as a real man who pulls their own time

-Roles in the prison system

-Gorillas, merchants, rat, wanna-be, etc.

-Reflect the inmate code and serve as cues for interactions with other inmates and correctional officials

-Offers a different interpretation of the origins, features, and consequences of inmate subcultures

-Developed by Irwin and Cressney

-Counter perspective to Syke's theory

-Roles in prison come from outside lives

-This includes Convict-Prison Subculture, Thief-Prison Subculture, and Legitimate Subculture

-Irwin and Cressney

-Comprised of inmates known as 'right guys,' or 'real men,' and inmates who are generally regarded as trustworthy, cool-headed, and reliable.

-Primary reference group

-Want to be released and want minimum conflict

-Irwin and Cressney

-Emerges in response to deprivations of freedom, wealth, goods, and services

-Gorillas, merchants, toughs whose core value is unitarianism and manipulation

-Toughness is the main concern

-Worst chance for rehab

-Irwin and Cressney

-Rejects both the Thief-Prison Subculture and the Convict-Prison Subculture

-Accidental Criminals

-Anti-prison

-Highest rehab for this class

-Escape

-Psychologically tell yourself you're somewhere else

-Revolt

-Peaceful change

(Prisoners Peacefully Revolt Everyday)

(Revolt Peacefully to Psychologically Escape)

-"The Effectiveness of the Federal Prison System'

-Conducted a survey where people were asked how many people they think recidivate

-It's actually 66%.. but answers were 20%-60%

-He wanted to know why the range from 20 to 60

-Found those facing release held very high aspirations.. get a job, girlfriend, etc. and other things often too difficult to achieve

-Few have money from their jobs to survive, so they borrow money or recidivate

-He found no correlation between education programs and recidivism

-20th Century

-Book by Frank Tenenbaum 'Dramatization of Evil,'

-Accepted as the first statement of labeling

-All children routinely engage in youthful misbehavior

-But if child sees himself as evil, it guides his behavior

-Used example baseball in streets

-Edwin Lemert wrote book 'Social Pathology,' which refined Tenebaum;s book with new theory of Secondary Deviance

-Said everyone has bad behavior at some point

-Lemert's book 'Social Pathology'

-Refined Tenebaum's 'Dramatization of Evil,'

-Said everyone's had bad behavior at some time.

-After the subject has accepted deviant identity, secondary deviance occurs

-Primary deviance is ALL deviance

-Labeling theory finds lots of theories similar to this

-Made by Virginia Satir

-

-Book by Irwin

-Addressed how criminals resolve to do their time

-Agreed with Stykes that some inmates fail to cope and slip into suicidal or psychotic behavior

-No matter what, they all acquire an 'identity,'  in certain degrees no matter how much time passed.

-The convict identity effects how they make it on the outside.

-Studied female inmates and subcultures

-Pains of imprisonment do simulate the formation of a subculture and are best explained by features outside prison

-Women, unlike men, have the pains of companionship and separation from children.

-They dont fear sexual and violent exploitation like men

-Loyalties by situation-by-situation basis, and follow self-interest and preservation instead of moral obligation

-Females create 'make-believe' families

-Wolf, tough, gorilla, ball buster, hipster and right guy are absent

-Struggles focus on maintaining marriage and not power struggles

-In 'Society of Captives', Sykes challenged the fact that prisons are institutions of total power.

-Suggested the power is more theoretical than real and maintaining order is a delicate balancing act

-Continuous struggle with their captives

-Power of prison officials not based on freely given authority

-Authority must be viewed as legitimate

-Repeated acts of force are limited

-Rewards and punishment works as a alternative for order and compliance

-Sykes says not very good.. punishments lose potency because they dont give a departure from the deprivations of imprisonment

-Rewards are given immediately upon admission to prison

-Authority fail to exercise control and authority properly

Flanagan

Wright

-Flanagan found prisoners ranked missing somebody as the most severe pain, followed by missing social life and that life is wasted

-Wright found prisoners identify support as their greatest need, followed by activity, structure, privacy, and social stimulation

-Both researchers advanced Sykes' studies of deprivation/pains of imprisonment

-Wrote Well-Govern Prisons

-Offered alternative to Syke's model of governance that he thought was better suited for the new and highly volatile prison climate of the 21st century

-Thought the belief that cons necessarily will 'run the joint,' are mistaken

-Assumed the effectiveness of any prison depends on..

-Stable team of like-minded executives structured in a

-paramilitary, security-driven, bureaucratic setting

-Relationships with outsiders (judges, legislators) as well as insiders (inmates)

-The presence of order

-Good amenities

-Good service for an effective prison

-Basically thought effective prisons were possible, unlike others.

-Perceived necessity and convenience of the prison

-Inherent belief in the benevolent intentions of the state and its 'disinterested,' professional agents 

-Student population was called this because it was so quiet

-Social life so conformist and lacking in diversity

-Art, science, learning, entertainment and information all mass-produced, creating a narrow vision of the 'norm,'

-1950s and 1960s

-Characterized prisoner rights movement in 3 stages

1. Riots of the 1950s.. Motivated by demands for decent food, shelter, health care, early parole, and good treatment. Often counterproductive because after the riots officials made amends to stop riots in the future. Disorganized.

2. Increased organization of Muslim inmates. Incarcerated black Muslim leaders spent time instructing other inmates about faith

3. Revolutionary stage.. Come from the cumulation of worsening conditions. More organized inmates and more public support given to inmates in justice.

-Owes much to the Panthers

-Founded the Commission on Correctional Facilities and Services

-Helped Prisoners Rights Movement

-Operated the Resource Center for Correctional Law and Legal Services

-Argued that statutory remedies available to courts in those cases may have been limited, but that courts werent entirely inactive or indifferent

-Contended that the hands-off approach more accurately describes the court's philosophy and behavior to the decades prior to the 1960s

-1960-1980

-Intense judicial activism.

-Most of the activism occurred at the district court level and was grounded primarily in the conditions and operations of particular prisons and jails.

-Set the tone for judicial activism

 -Judicial ruling suspected of being based on personal/political considerations rather than law

-Prone to board interpretations of the Constituion, it committed to extending constitutional protections to minorities, many of which were in institutions.

-During this time of high judicial activism, the extent of involvement by the federal judiciary in jails and prisons was second only to the Court's commitment to dismantling segregation in public schools

1st and 14th Amendments

What was a large step in the Prisoner's Rights Movement?

-1st Amendment: Exercise religion freely (allowed inmates to practice their religions)

-14th Amendment: 'What process is actually due citizens?'

-Must be applied equally among face, gender, religion

-Equal protection

-Provided basis of women's prisoners rights

--Struggle against censorship of inmate mail

-Due process was a large step in the Prisoners Rights Movement

-The government must abide by the legal rights owed to citizens according to the law

-Court ruled restrictions on mail have to serve an important government interest not related to the suppression of expression

-To safeguard, states must

-Give a notice to inmate when a letter written to or by an inmate is going to be censored

-Opportunity for the author to protest the censorship

-Review the censorship by another official other than the one who makes the initial decision to censor

-Notify inmate of the censorship 

-Author may protest the censorship

-Review the censorship (by someone new)

-Applied to a number of confinement situations, including

-Deficiencies in medical care

-Failure to provide inmate with protection from other inmates

-Use of unreasonable force by officers in situations of self-defence

-Protection of other inmates

-Enforcement of rules

Basically, it prohibits cruel and unusual punishment

-Requirements of deliberate indifference recieved adequate clarification regarding..

1. Officials must be aware of facts showing an inmate faces a substantial risk of serious harm

2. Officials actually deduce from these facts that the inmate is at significant risk of harm

3. Officials must take steps to prevent harm from occuring.

-First address parole revocation

-Ruling established that parolees have the right of due process and that the revocation process must unfold in 2 seperate stages

-1st stage.. Offender must be notified of the nature of the violation and the impending preliminary hearting

-2nd stage.. Revocation hearing.. Same rules and protections apply, but the due process standards dont need to reach the level of those afforded at a full criminal trial

-Women's Right Movement

-Lack of female facilities caused them to be sent far from families unlike men.. big problem that the Parity movement fought to change.

-No sisters in litigation -Aylward and Thomas

-Females less politicized than males

-Unique focus for litigation: Lawsuits dealt primarily with the issue of disparate treatment in the area of housing and programming, rather  than abuse or maltreatment with staff

-Helped with women's access to libraries, vocational and educational programming, specialized treatment programs, and medical services

-First indication of constitutionality of the dealth penalty was in Rudolph v. Alabama

-Court failed to declare the statute in question unconstitutional, but capital punishment was revisited in Maxwell v. Biship

-5-4 Ruling in Furman v.  Georgia ruled death penalty violated the 8th and 14th amendments

-Expanded across the courts and gave a voice to powerless groups

-Address past harms and prevent future harms by reconstructing bureaucracies responsible

-Improved jail conditions

-Abolished the southern prison plantation model

-Increased professionalism of correctional staff

-Increases in correctional accountability

-More uniform policies via accreditation standards

-Critics argued the executive and legislative branches undermined by judicial activism

-Courts overstep authority when they alter social policy and the rules that govern social institutions 

-Youth entering the criminal justice system are subject to a forced companionship with other similar children, which results in a 'new set of experiences that led directly to a criminal career.'

-Best policy is a refusal to dramatize the evils

-Diversion, institutionalization, and other community programs helped the children to be part of the Decentralization Movement

-Argued the issue of crime and what to do about it become a signature political issue with the presidential campaign of 1964

-Government was caught up in a war mentality against dramatic social ills and foreign enemies, and the preferred weapon was the mobilization of national resources 

-Federal government's response to the problem of the crime was found in the application of the war metaphor and through this act.

-It established the Law Enforcement Assistant Administration (LEAA) to implement a national strategy for waging the war on crime

-National government had a “war mentality” against domestic social ills; response to crime was the passage

-20 million dollars in grants given in its 3 year operation

-Didnt have a specific congressional mandate to guide its funding decisions, it did demonstrate the government's commitment to doing something about the problem of crime, without increasing federal control over state and local government

-President Johnson started it

-Organized into a series of task forces that dealth with organized crime, drugs and crime, and components of the system including police, courts, penology, and juvenile justice.

-By 1967, the commission completed its assignments, resulting in 9 differnet reports on specific crime problems and aspects of the administration of criminal justice.

The Challenge of Crime in a Free Society

What are Prejudicial dispositions?

-President's Commission on Law Enforcement and Administration of Justice

-Various task force results in 200 conclusions and recommendations in this.

-Unique because it views crime in America as not remedied by simply expanding the capacity of the system.

-Because of labeling, reform efforts should be directed toward development and implementation of various alternative, prejudicial dispositions.

-Prejudicial dispositions means handling cases unofficially through various non institutional responses to law breaking (diversion, deinstitutionalization, and other community based programs)

-Launch the nation-wide implementation of decentralization reforms and other presidential task-force recommendations.

-Provided a major grant-in-aid program to assist state and local governments to confront crime.

-First step to develop procedure for dealing with state and local crime problems that incorporated the numerous recommendations of the president's commission task forces

-Conducted a national assessment of diversion programs with the goal of developing a program typology

-Includes legal, paralegal, and non-legal diversion programs

-Type I: Legal.. Dominant. Formal or informal, administered by official justice agency personnel. Flormal legal sanctions could be imposed, explicit or implicit coeresion was present

-Type II: Paralegal.. Operated outside offical agencies but funded by official justice systems. Housed within official justice agency premises. 

-Type III: Nonlegal.. Client focused and voluntary. Any program coercion was discouraged. Clients perceived it as non-legal. No pressure from funding sources

-Most consistant finding was an outcome of net-widening

-Net widening refers to the previously documented outcome of penal reform alternatives being implemented as supplements, thereby increasing the overall proportion of base population subject to some form of correctional reform.

-Found diversion practices were largely applied to youth and families who prior to diversion wouldnt have been subject to contact with the system.

-Diversion programs drew the bulk of their clients from groups previously not subject to imminent official justice agency processing, and placed many of these clients into family intervention services that involved diverted youth and families

-Diversion has a capacity to increase

-Client jeopardy

-Official system penetration

-Subsequent behavior difficulties

-Mullen found offenders referred to diversion programs were subject to double jeopardy: returned for prosecution on their original charged, prosecuted vigorously, convicted, and placed on probation supervision

-Also pointed out most of the offenders handled in this manner wouldnt be subject to formal processing if not for diversion

-Found that when families were unable to comply with diversion family-intervention requirements, children in those families routinely were referred to the juvenile court for suitable out-of-home placement

-Studied relationship between rates of rearrest and alternative dispositions.

-Found that providing diversion programs to youth who otherwise would have been released outright may have increased their rearrest rates.

-This is because of the increased visibilty to their diversion authorities and police, rather then because of increased rates of misconduct. 

-Initiated a second wave in the decentralization movement that demonstrated federal resolve in delinquency control and juvenile justice reforms

-Based upon recognized need for a comprehensive, continual, and well-funded approach.

-To accommodate this, congress made the Office of Juvenile Justice and Delinquency Prevention (OJJDP) as a semi-autonomous agency within the LEAA

-Established eligibility for federal delinquency funds for deinstitutionalization progress

-Mandated the development of various community treatment alternatives to incarceration

- Included youth advocacy programs as well as various other education, family intervention, counseling, and employment assistance programs

-Underlined this was the belief that a major shortcoming of the juvenile system was excessive use of secure confinement in detention facilities and juvenile institutions and mixing minor and serious offenders

-Termination of juvenile detention/correctional institutions for juveniles who commit status offences

-Massachusetts

-Jerome Miller, director of Massachusetts youth services, responded to a series of crises in state's training schools by shutting them down. All functions previously performed by the closed schools were transferred to the community

-However, it was the Juvenile Justice and Delinquency Prevention Act of 1974 act that led to nationwide recognition and implementation of deinstituionalization of status offenders

-Community treatment alternatives to incarceration.

-Would include youth advcacy programs as well as various other education, family intervention, counseling, and employment assistance programs.

-Corry identified deinstituionalization good programs

-Pima county (opposed by local politically powerful groups, but had power of a crusade), Alameda county, Spokane county

-Juvenile diversion

-Deinstitutionalization

-LEAA initiated it, which identified programs of proven metit, verified their achievements, and widely disseminated info about these programs

-Des Moines community-based correction program was the first to be replicated in 5 jurisdictions across the country.

-Led to alternatives to confinement, alternatives for minor and nonviolent offenders, community-based programs, helped services for defendants and convicted offenders who desired it, etc.

-Intensive probation

-Supervised release

-Residential facility

-Release on recogizance

(Intense Supervised Residential Release)

-Offender's eligibility for a particular graduated component was based on numerical score reflecting seriousness of offence, prior record, employment record, and other community integration variables.

-LEAA concluded the program replication results was that communities that dont share some of the characteristics of the Des Moines community and criminal justice system provide an unfavorable environment for replication

-

-Focused on determining the most effective means for rehabilitating offenders

-After reviewing the findings of many treatment programs and taking into account the program settings, he found that with few exceptions, rehab programs had little effort on recidivism.

-From this emerged, 'nothing works.'