Unit 5 assignment elizabeth hall

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Unit 5 assignment elizabeth hall

  1. 1. 1 Running Header: Midterm Essays Unit 5 Midterm Essay Questions Elizabeth Hall Kaplan University CJ130-02 Introduction to Corrections Amy Ng 9.28.2010
  2. 2. Midterm Essays 2 Midterm Essay Questions Social Contexts and Philosophy of Crime and Punishment Essay #1 Beginning in the early middle ages, and continuing through modern eras, Bartollas (2002) notes that the concept of punishment has been validated and rationalized in many different social contexts. The concepts of justification change when society’s beliefs change, and vary from criminals serving punishments as natural revenge, social control, deterrence, forced labor, exile and banishment, or even moral justice. The range of variance in punishment follows the change in social contexts, social order, and philosophies on crime, and moves from vengeance to reform. The transition between clan and tribal laws ruling the land to state ruled punishments required a formal system of government. As this system of government, progressed, written law was required to establish rule of law to establish state punishment guidelines. The Code of Hammurabi is the first known written rule of law and is based on the biblical concept of an eye for an eye. The next code of laws, established around 1200 B.C.E. would be the Mosaic Code of the Israelites. This Code holds that “God entered into a Covenant (Siegel, 2010)” which is a pact or contract, with the Israelites, which entailed an exchange of God’s special protection for the obedience of obeying all 613 rules of the Old Testament. This was the basis of Judaic Christian law (Siegel, 2010). According to Bartollas (2002), in the times of Draco (621 B.C.E.), before the Common Era, the inevitable punishment for every crime committed was death in his area of rule. In 594 BCE, the Laws of Solon reversed all of the Draconian laws, excluding the murder penalties, and either gave a lesser sentence of imprisonment, or fines and banishment for other crimes.
  3. 3. Midterm Essays 3 In Rome, the Twelve Tables are devised around 421 B.C.E. These tables accounted for Roman law, until the fall of the Roman Empire, and composed with cruel Draconian style punishments. Punishment by death was common. In 527 C.E., The Justinian Code replaced the Twelve Tables. It did not reform the Twelve Tables, this was the Roman written law, and was the law of the land for much of Europe, and still influences lawmaking policy today. By the Middle Ages, roughly 1200 A.D.-1600 A.D. (New World Encyclopedia, 2009), social context was deeply religion based, noted Siegel (2008). If a person broke the law by breaking a religious custom or perhaps violating the social norms of the times, people believed and feared God, and that person would be viewed by others as possessed by the devil, demons or was a witch. Punishments were cruel, torturous tactics were used to obtain confessions, and kings, prophets and priests still ruled the land. The Common Law was the system in place during all of this. Punishment moved from an individual vengeance issue to of punishment by the state. As kings, prophets, and priests gave way to formalized written law, the way criminals received punishment grew along with the growth of civilized society (Siegel, 2010). The validation of penalty as natural revenge was an attempt to preserve public order by the ruling classes of the day. The line between acceptable behavior and punishable behavior was harshly drawn. People were not accepting of anything against the faith of the times. (Bartollas, 2002) Penalty as social control began in the times of feudalism. Punishment was only imposed when the perpetrator was of a lower class than the punisher. Social control punishment was used during this time as a method of keeping the serfs controlled and contained during the period of
  4. 4. Midterm Essays 4 unrest, when the feudal system was failing. Religious pressures and systems of beliefs during these times contributed to the success of social control punishment. (Bartollas, 2002) Punishment as a deterrence has gone back and forth through the ages. Used for its ability to keep people from committing crime, penalties are swift, severe, and often public. Penalty and punishment as a labor source, has been going on for centuries and dates back to the sixteenth century and gallery service. This form has been used off and on in the history of crime and punishment, such as the chain gangs of the south, and in modern times, Angola and tent city require heavy workloads of their inmates. (Bartollas, 2002) Exile and banishment are used as punishment in the eighteenth and nineteenth centuries. Offenders are sent to America as indentured servants with severe punishment for escape. After the American Revolution, England could no longer ship them to America. From 1787-1857 they sent offenders to exile in Australia to serve their sentences. The worst place was banishment to Norfolk Island where there was no hope of return. (Bartollas, 2002) Moral Justice is another justification of social context shaping punishment. John Calvin, a Protestant Reformist holds that people are wicked and need punishment to curb their wicked desires. Thomas Hobbs, according to Bartollas (2002), notes that the flawed character of humans requires suppressive social control in order to prevent extensive societal disorder. This view is still discussed three-hundred years later as James Q. Wilson comments, “wicked people exist” and “nothing avails but to set them apart from innocent people. (Bartollas, 2002)”
  5. 5. Midterm Essays 5 Institutional Settings Essay #2 As punishment moved from personal vengeance to governed and meted out by local, state, and federal entities, the problem of what to do with these prisoners also became a problem of local, state, and federal governments. The penitentiary, devised as a method to both provide a more humane punishment to reflect the reformist views of the time and as a way to keep offenders away from the public was the solution. This was modernization in both architectural and conceptual design. There were many models developed over the years. The first model created was the Pennsylvania Penitence model that emphasized reformation of the prisoner. It is believed at the time that they would benefit from forced isolation. Eastern State Penitentiary, finished in 1829, built in a radial design that allowed for total solitude of the criminal. Because of the complete isolation of the prisoners, this model would be considered maximum security by today’s social context standards, this model proved costly to run, prisoners were developing mental issues from total isolation, and overcrowding caused the justice system to adopt the New York Model. (McCarthy, 2001) The New York Model changed the legislation to restrict capital punishment to first- degree murder and treason cases. Newgate Prison, built in 1797 was built as a way to establish a more humane prison system due to efforts of reformists of the day such as Thomas Eddy. They believed that all humans have the ability for their own redemption. In light of Bartollas’ (2002) description of state medium security prisons, it seems that this is the first one. (McCarthy, 2001) In 1816 (Bartollas, 2002), Newgate Prison was replaced with the Auburn Prison because it was no longer big enough. The Auburn Silent System became a model for maximum-security prisons. The Auburn Cellblock, in the center of the prison sits an atoll of cells built five levels
  6. 6. Midterm Essays 6 high, twenty feet long, and vacant for eleven feet on every side. These cells, designed for long- term solitary confinement, were used under the social pretext that in order to preserve the penitentiary system, inmates were to endure great mental and physical suffering. The system insisted on total silence at all times and was the main concept in penology until the middle of the twentieth century. (Bartollas, 2002) When the prison in Auburn reached capacity, the Warden of the Auburn penitentiary Elam Lynds, and convict labor built Sing Sing. He then took over as warden there. Elam later resigned during charges of prisoner abuse, which he was later cleared of, and his deputy warden Robert Wiltse took over keeping the same strict convict rules as Elam. The model here at Sing Sing took the lead in capital punishment and created the example for modern capital punishment. The attention gained from the media, shaped public opinion on crime and punishment. Wiltse ousted due to charges surrounding two inmate deaths, is replaced with David Seymour. Seymour was told to rehabilitate the prisoners instead of punishing them. (Christianson, 2000) This was the beginning of the reform, beliefs, and practices, which shape our modern corrections systems into what we have today. On the local level today, there are jails, lockups, workhouses, and houses of corrections. The main differences between local institutions such as jails, is the amount of time that offenders are held, and that they house pre-convicted offenders. Jails usually house short-term offenders (less than a year), those waiting to be tried, and those waiting to move on to prisons after sentencing. Lockups are usually facilities at a local police station, and hold prisoners less than 48 hours generally. Often people who belong on welfare, public health services, and social service agencies end up in jail as a last resort to receive help. Often, local institutions are the place where indigent people, the mentally ill, misdemeanants, and drunkards end up. (Bartollas, 2002)
  7. 7. Midterm Essays 7 Modern prison architecture still has four major forms of design: the radial design, the telephone design, the courtyard style prison, and the campus style. The radial design is a central hub, with spoke-like corridors, shaped like a wheel. This design is rarely used in new prison construction; however, there is still some of this type in use today such as the Federal Penitentiary at Leavenworth, KS. The telephone model is the design best used for housing prisoners by their classifications but is also the easiest type for prisoners to take over in a riot situation. This prison model has a long central hallway, and the extensions resemble cross arms holding schools, workshops, and housing for inmates. This design is the one used the most in maximum-security prisons. (Bartollas, 2002) The courtyard style prison is a newer prison design. This model has a courtyard surrounded by a corridor. Facing the courtyard are educational facilities, housing facilities, vocational areas, recreational areas, dining areas, and prison industrial areas. The Women’s Treatment Center at Purdy is a courtyard-designed women’s prison in Washington. The campus style prison is usually used for minimum and medium security prison facilities. This design is open with small housing units among the educational, dining, recreational, and vocational areas. (Bartollas, 2002) Other than design differences, there are differences in the levels of security at different types of federal, private, and state prisons. These prisons are classified as; women’s prisons, minimum-security, medium-security, maximum-security, and super max facilities. Women’s prisons house female offenders, and have programs and facilities designed to help women in prison. They are usually not as sinister looking as male prisons, and may have cottage style
  8. 8. Midterm Essays 8 housing. Minimum-security prisons for men have much less perimeter security than the rest of the prison types. The openness promotes a more humane idea of prison. Inmates in these facilities receive more visiting privileges, safer environments, and better treatment programs establish these facilities as different from other prison types. Medium-security prisons have fencing around the perimeter, television monitoring, and security systems for each zone. Program access is tightly controlled. Prisoners can be locked down rather quickly in emergencies. (Bartollas, 2002) The main function of a maximum-security prison is that at any time, staff can put any or all prisoners on lockdown immediately. Complete control of inmates at all times is the main principle behind the maximum-security facility. Many of these still resemble the fortress like imposing prisons of the past, and are quite old themselves. They badly need to be rebuilt, but large numbers of offenders, budget cuts, and the expense of building new prisons keep this from happening. These facilities, considered large physical plants, usually cover many acres of land. (Bartollas, 2002) Super max facilities are designed to house the worst of the worst offenders in total solitary confinement. These prisoners do not have contact with others during meals, recreation, or even in the few in cell vocational programs they may or may not have. Those inmates that are gang leaders, repeatedly disruptive, or unmanageable end up in super max. Those who support this type of incarceration claim that we need these facilities to manage the unmanageable. Those who protest these harsh facilities cite the inhumane side of solitary confinement, claiming that they are making the offenders worse by driving them insane. (Bartollas, 2002)
  9. 9. Midterm Essays 9 Comparative Corrections Florida and Georgia Essay #3 After examining both the Departments of Corrections (DOC) for Florida (Florida Department of Corrections n.d.) and Georgia (Georgia Department of Corrections n.d.), one could say that upon looking at accommodations provided neither side looked less foreboding than the other in the equal classification type cells such as the secure cells, the cell housing units, and the open dorm area housing units. Florida’s corrections however have an extra classification cell, the death row cell, which is quite forbearing when one considers spending 23 hours a day in one, and the rest of your life in solitude. When examining statistics for the corrections systems, as the Federal Bureau of Investigation (2010), shows in the Uniform Crime Reports (UCR) Tables 5 Crime in the United States 2009 and Table 69 Arrests by State, 2009, clearly both the percentage of crime and arrest per 100,000 are lower in Georgia, the smaller state. It seems as though Florida has more programs to offer while in prison, and Georgia has more programs to offer during re-entry. There should be adequate numbers of both kinds in each departments arsenal against recidivism. When looking at the virtual tour of Florida’s prisons (Florida Department of Corrections n.d.), one sees an ominous looking environment looking down the corridor of the cell housing unit. Even with the yellow paint, it still looks like a dismal place. It appears to have both secure and open barred cells in the same floor. Then moving on to the secure cell, there really is not much space to move around, one can see how hostility can be aggravated by such close quarters. The open area beds look like they are the only part of the prison that allows any human contact. From those views, not much is different in the Georgia Correctional virtual Tour of the cells (Georgia Department of Corrections n.d.). It is the next tour that is of a nature not to be found in Georgia, the maximum-security cell. This is the most dismal view of all of the images. To sit in
  10. 10. Midterm Essays 10 these cells, knowing that you will only be released to attend your own state sanctioned death has to be the cruelest punishment we inflict these days. The average stay on Death Row is 15-20 years. Both Florida and Georgia have the classifications of minimum security, medium security, and close security, but Florida expands their classifications beyond these three. They have maximum security, which is for offenders who have received the death penalty. They also have classifications defining the lesser crimes as well. These are IM 3, which means Institutional Grounds Only, IM 2, which makes an offender eligible for a DOC supervised squad, and IM 1, which allows an offender to be eligible for a non-DOC supervised squad. (Florida Department of Corrections n.d. & Georgia Department of Corrections n.d) The section of the Florida Department of Corrections (n.d.) that discusses the misconceptions about Florida prisons, and this exercise did clear up a few preconceived notions. In studying the data from the UCR by analyzing the arrest and crime tables it seems that a larger state population not only denotes higher numbers of crimes because of more people, but is indicative of a higher crime rate as well. The data clearly points to both the lower number of crimes, and the number of arrests falling in the state of Georgia. (Federal Bureau of Investigation 2010)
  11. 11. Midterm Essays 11 References: Bartollas, C. (2002). Invitation to Corrections. Boston. Allyn and Bacon Christianson, S. (2000). Condemned: Inside the Sing Sing Death House. New York, London. New York University Press. Federal Bureau of Investigation. (2010) Crime in the United States 2009: State. Retrieved from: http://www.fbi.gov/ucr/cius2009/arrests/state.html Arrests by State, 2009. Retrieved from: http://www.fbi.gov/ucr/cius2009/data/table_69.html Florida Department of Corrections. (n.d.). Virtual Prison Tours & Misconceptions About Florida Prisons. Retrieved from: http://www.dc.state.fl.us/oth/vtour/index.html & http://www.dc.state.fl.us/oth/myths.html Georgia Department of Corrections. (n.d.). About Georgia Department of Corrections. Retrieved from: http://www.dcor.state.ga.us/AboutGDC/About.html McCarthy, T.C. (2001) Penitentiary Origins in the City of New York. Retrieved from: http://www.correctionhistory.org/html/chronicl/nycdoc/html/penitentiary2.html New World Encyclopedia (2009). Middle Ages. Retrieved from: http://www.newworldencyclopedia.org/entry/Middle_Ages#Crusades Siegel, L. J. (2008). Criminology: The Core. Third Edition. Belmont, Ca. Cengage Learning Siegel, L.J. (2010). Criminology: Theories, Patterns, and Typologies. Tenth Edition. Belmont:
  12. 12. Midterm Essays 12 Wadsworth Cengage Learning. U.S. Census Bureau. (2010). State and County Quick Facts. Florida. Georgia. Retrieved from: http://quickfacts.census.gov/qfd/states/12000.html

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