Criminal Justice A Brief IntroductionThirteenth EditionChap.docx

Criminal Justice: A Brief Introduction
Thirteenth Edition
Chapter 12
Prison Life
Copyright © 2020, 2018, 2016 Pearson Education, Inc. All
Rights Reserved
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1
Research on Prison Life: Total Institutions
Total institution
An enclosed facility socially and physically separated from
society, where inhabitants share all aspects of their daily lives
Facilities (prisons, mental hospitals, seminaries, etc.) where
residents are cut off from the larger society
Total institutions develop their own distinctive values and
styles of life and pressure residents to fulfill rigidly prescribed
behavioral roles
Rights Reserved

The Male Inmate’s World (1 of 2)
Two social realities coexist in prisons
The official structure of rules and procedures enforced by
prison staff
The more informal inmate world controlled by the prison
subculture
Prison subculture
The values and behavioral patterns characteristic of prison
inmates
Surprisingly consistent across the country
Rights Reserved
Prisonization
The process whereby newly institutionalized offenders come to
accept prison lifestyles and criminal values
Socialization turns new inmates into “cons”
Aspects of common inmate culture shared among different
prisons
Prison argot (jargon)—terms used in one institution are
generally understood in others
Rights Reserved
The Evolution of Prison Subcultures
Prison subcultures change constantly
Evolve to reflect the concerns and experiences of the wider
culture
React to new crime-control strategies
Embrace novel opportunities for crime
Rights Reserved

The Functions of Prison Subcultures (1 of 2)
Deprivation model views prison subcultures as an adaptation to
deprivation and confinement
Prisoners are deprived of:
Liberty
Goods and services
Heterosexual relationships
Autonomy
Personal security
Rights Reserved
The Functions of Prison Subcultures (2 of 2)
Importation model
Inmates bring with them values, roles, and behavior patterns
from the outside world
The social structure of the prison is another element that shapes
prison subculture
Rights Reserved
Prison Lifestyles and Inmate Types (1 of 2)
The mean dude
The hedonist
The opportunist
The retreatist
The legalist
Rights Reserved
Prison Lifestyles and Inmate Types (2 of 2)
The radical

The colonizer
The religious
The gangbanger
The realist
Rights Reserved
Homosexuality and Sexual Victimization in Prison (1 of 2)
Sexual behavior inside prisons is both constrained and
encouraged by prison subculture
Prison homosexuality depends on the naiveté of young first-time
inmates
Prison Rape Elimination Act (P R E A) mandates collection of
statistics on prison rape
Rights Reserved
Homosexuality and Sexual Victimization in Prison (2 of 2)
Key observations about sexual violence in prison
Most sexual aggressors do not consider themselves homosexuals
Sexual release is not the primary motivation
Many aggressors must continue to participate in gang rapes to
avoid becoming victims themselves
Aggressors have suffered damage to their masculinity in the
past
Sexual assaults in prison leave psychological scars
Rights Reserved
The Female Inmate’s World (1 of 2)
Women account for 7% of all prison inmates, and the number of
female inmates is rising
Growth rate for female imprisonment has outpaced men

Women in prison represent a population marginalized by race,
class and gender
Black women overrepresented in correctional populations
Rights Reserved
Source: E. Ann Carson, Prisoners in 2016 (Washington, DC:
Bureau of Justice Statistics, 2018).
12
Women face life circumstances that tend to be specific to their
gender
Female inmates differ from male inmates regarding personal
histories and pathways to crime
Women’s most common pathways to crime involve survival
strategies resulting from physical and sexual abuse, poverty,
and substance abuse
Rights Reserved
Figure 12.1 The Increase in Women’s Incarceration
Rights Reserved
Source: Historical Corrections Statistics in the United States,
1850–1984; Prison and Jail Inmates (Washington, DC: Bureau
of Justice Statistics, 1986); and Prisoners in 2016 (Washington,
DC: Bureau of Justice Statistics, 2018).
14

Table 12.1 National Profile of Female Offenders
A profile based on national data for female offenders reveals
the following characteristics:
Disproportionately women of color
In their early to middle 30s
Most likely to have been convicted of a drug-related offense
From fragmented families that include other family members
who also have been involved with the criminal justice system
Survivors of physical and/or sexual abuse as children and adults
Individuals with significant substance-abuse problems
Individuals with multiple physical and mental health problems
Unmarried mothers of minor children
Individuals with a high school or general equivalency diploma
(G E D) but limited vocational training and sporadic work
histories
Rights Reserved
Source: Table from “Gender-Responsive Strategies: Research,
Practice, and Guiding Principles for Women Offenders,
National Institute of Corrections” by Barbara Bloom; Barbara
Owen; Stephanie Covington, Bureau of Justice Statistics.
15
Figure 12.2 Women State Prison Inmates: Features and
Characteristics
Rights Reserved
Source: Bureau of Justice Statistics.
16
Figure 12.3 Offenses Committed by Men and Women in State

Prisons
Rights Reserved
Source: E. Ann Carson, Prisoners in 2016, Bureau of Justice
Statistics.
17
Sexual Victimization of Women Prisoners
Sexual victimization of women does not always end with their
admission to prison
Alabama’s Julia Tutwiler Prison for Women
Rampant sexual abuse
Inmates routinely abused by prison staff
Rights Reserved
Figure 12.4 Women State Prison Inmates: Physical and Sexual
Abuse History
Rights Reserved
Source: Lawrence A. Greenfeld and Tracy L. Snell, Women
Offenders, 2000, Bureau of Justice Statistics.
19
Parents in Prison (1 of 3)
80% of women entering prison are mothers, 85% of them had
custody at the time of admission
25% of women entering prison are pregnant or recently gave
birth

Over 1.7 million American children (1 out of every 43 children)
have a parent in prison
1 out of 111 white children
1 out of 15 black children
Rights Reserved
Source: Barbara Bloom, Barbara Owen, and Stephanie
Covington, Gender-Responsive Strategies: Research, Practice,
and Guiding Principles for Women Offenders (Washington, DC:
National Institute of Corrections, 2003). Data in this paragraph
come from L. E. Glaze and L. M.Maruschak, Parents in Prison
and Their Minor Children (Washington, DC: Bureau of Justice
Statistics, 2008).
20
Over half the children of female prisoners never visit their
mothers in prison
Reasons for lack of visits include
Remote locations of prisons
Lack of transportation
Inability of caregivers to arrange visitation
Rights Reserved
Source: B. Bloom and D. Steinhart, Why Punish the Children?
A Reappraisal of the Children of Incarcerated Mothers in
America (San Francisco: National Council on Crime and
Delinquency, 1993).
21

Trauma of parent in prison is similar to that of losing a parent
to death or divorce
Separation is also a significant deprivation for many parents
Some states have parenting programs for female inmates with
children
Rights Reserved
Gender-Responsiveness (1 of 2)
Involves understanding and taking account of the differences in
characteristics and life experiences women and men bring to the
criminal justice system
Adjusting strategies and practices in ways that appropriate
respond to those conditions
Rights Reserved
N I C report recommendations
Create an effective system for female offenders structured
differently from a system for male offenders
Develop gender-responsive policies and practices
Modify sanctions to recognize the low risk to public safety
represented by the typical female offender
Consider women’s relationships, especially with children, in
deciding appropriate sanctions
Rights Reserved
Source: Barbara Bloom and Stephanie Covington, “Gendered
Justice: Programming for Women in Correctional Settings,”
paper presented at the annual meeting of the American Society
of Criminology, San Francisco, November 2000, p. 11.

24
Institutions for Women
Most located in small towns
Many not designed for female inmates
Some also house men
Few have programs designed for female inmates
Few major disturbances or escapes reported
Substance abuse among female inmates very high
Few work assignments available
Rights Reserved
Social Structure in Women’s Prisons (1 of 2)
Female prisoners are likely to be black or Hispanic, poor,
uneducated, abuse survivors, single parents, in poor health
Female inmates construct organized pseudofamilies
Incarcerated women suffer intensely from loss of affectional
relationships—form homosexual liaisons to compensate
Rights Reserved
Social Structure in Women’s Prisons (2 of 2)
Prison culture for women tied to
Roles they assume in free society
Other factors shaped by conditions of women’s lives in prison
and in free world
Rate of inmate-on-inmate sexual victimization at least three
times higher for females than for males
Sexual misconduct between staff and inmates more common in
women’s prisons

Rights Reserved
Types of Female Inmates (1 of 2)
Square
Few early experiences with criminal lifestyles
Tend to sympathize with the values and attitudes of
conventional society
Cool
More likely to be career offenders
Tend to keep to themselves, support inmate values
Rights Reserved
Life
Familiar with lives of crime, had repeated arrests
Full participants in economic, social, and familial arrangements
of the prison
Social structure recently altered by “crack kids”
Streetwise young women with little respect for traditional
prison values, for their elders, or even their own children
Rights Reserved
Violence in Women’s Prisons (1 of 2)
Less frequent than in male prisons
Few lesbian liaisons are forced
Sexual violence may be a form of revenge for those who vocally
condemn lesbian practices among inmates
Rights Reserved

Task Force on the Female Offender recommendations
Substance abuse programs for female inmates
Literacy programs
House female offenders in buildings without male inmates
Programs for keeping children in the facility
Build institutions to accommodate programs for female
offenders
Rights Reserved
The Staff World (1 of 2)
Approximately 785,000 people employed in corrections
Majority are correctional officers who perform direct custodial
tasks
70% are white, 22% black, 5% Hispanic
20% of corrections officers are female
Corrections officers are at the bottom of the staff hierarchy
Rights Reserved
Source: Tracey Kyckelhahn, Justice Expenditure and
Employment Extracts, 2012 – Preliminary,
http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5239 (accessed
September 11, 2018). American Correctional Association,
“Correctional Officers in Adult Systems,” in Vital Statistics in
Corrections (Laurel, MD: ACA, 2000).
32
Corrections officers are socialized into the prison work world
Formative influence on staff culture is the potential threat that
inmates pose
Prison staffers most concerned with custody and control

Rights Reserved
The Professionalization of Corrections Officers
Correctional officers traditionally have low occupational status
Are becoming better trained and more proficient
American Correctional Association code of ethics
Psychological screening of candidates
Training programs
Rights Reserved
Security Threat Groups and Prison Riots (1 of 2)
1970–1980—the “explosive decade” of prison riots
Riots decreased after this point but did continue
Riots are difficult to predict in specific institutions but some
state prison systems appear ripe for disorder
Rights Reserved
Security Threat Groups and Prison Riots (2 of 2)
Security threat groups (S T G)
An inmate group, gang, or organization whose members act
together to pose a threat to the safety of corrections staff or the
public, who prey on other inmates, or who threaten the secure
and orderly operation of a correctional institution
Turf violations among S T G s can lead to widespread disorder
Reach extends far beyond prison walls
Rights Reserved
Prisoners’ Rights

Hands-off doctrine
Nonintervention policy regarding prison management that courts
tended to follow until the late 1960s
Based on belief that defendants suffer civil death upon
conviction, losing most of their rights
Ended in 1970 when a federal court declared the entire Arkansas
prison system unconstitutional
Rights Reserved
The Legal Basis of Prisoners’ Rights (1 of 2)
Balancing Test (Pell v. Procunier, 1974)
Weighs rights of individual against the state’s authority to make
laws or otherwise restrict a person’s freedom to protect the
state’s interest and its citizens
Question of individual rights vs. public order
Rights Reserved
The Legal Basis of Prisoners’ Rights (2 of 2)
Inmate rights are conditional because they are constrained by
legitimate needs of imprisonment
Difference between rights and privileges is that privileges can
be revoked at any time for any reason
Rights have basis in Constitution and law and cannot be
infringed without good cause
Most prisoner lawsuits are based on 8th and 14th Amendment
issues
Rights Reserved
Grievance Procedures (1 of 2)
Grievance procedure

A formal process through which an inmate can file a complaint
with local authorities and receive a mandated response
Sanctions may not be levied against inmates without due
process (Wolff v. McDonnell)
Rights Reserved
Inmates going before disciplinary boards are entitled to
notice of the charges brought against them
chance to organize a defense
impartial hearing
opportunity to present witnesses and evidence in their behalf
Rights Reserved
A Return to the Hands-Off Doctrine?
Deliberate indifference
A wanton disregard by corrections personnel for the well-being
of inmates
Requires knowledge that harm is occurring and disregard of risk
of harm
Wilson v. Seiter (1991)—8th Amendment inmate challenges to
prison conditions must show deliberate indifference before the
court will hear the complaint
Rights Reserved
A Return to the Hands-Off Doctrine? Cases
Sandin v. Conner (1995)
Wolff v. McDonnell (1974)
Hewitt v. Helms (1983)
Ali v. Federal Bureau of Prisons (2008)

Millbrook v. U.S. (2013)
Howes v. Fields and Florence v. Burlington County (2012)
Rights Reserved
The Prison Litigation Reform Act of 1996
Legislative effort to restrict inmate lawsuits to worthwhile cases
and reduce the number of suits brought by state prisoners in
federal courts
P L R A has been effective in reducing the number of frivolous
lawsuits filed by inmates alleging unconstitutional prison
conditions
Opponents fear it stifles filing of meritorious suits by inmates
facing real deprivations
Rights Reserved
Geriatric Offenders (1 of 3)
Crimes by the elderly declining
Expansion of elder population has led to increase in the number
of elderly people in prison
Currently 161,839 prisoners age 55+
By 2030, will be over 400,000
Fastest-growing segment of the inmate population
Rights Reserved
Causes of “graying” prison population
General aging of U.S. population reflected inside prisons
New sentencing policies that send more criminals to prison for

longer terms
Massive prison-building boom in the 1980s and 1990s
Significant changes in parole philosophies and practices
Rights Reserved
Geriatric offenders have special needs—tend to suffer from
physical disabilities, illnesses that prisons are rarely equipped
to deal adequately with
Incarcerating the elderly is costly and may be counterproductive
Need rehabilitation programs geared for older inmates
Rights Reserved
Mentally Ill and Intellectually Disabled Inmates (1 of 3)
A substantial number of inmates have significant mental
illnesses
Higher rate of incarceration for violent and sex offenses
Study found 40% receive no treatment
Number of inmates with severe mental illness 10 times greater
than people being treated in state psychiatric hospitals
Rights Reserved
Source: Stephanie Mencimer, “There Are 10 Times More
Mentally Ill People Behind Bars Than in State Hospitals,”
Mother Jones, April 8, 2014.
48
Few state correctional institutions have any substantial capacity

for in-depth psychiatric treatment of inmates with serious
mental illnesses
Some states do operate facilities specializing in psychiatric
confinement of convicted criminals
Mentally ill inmates can be required to take antipsychotic drugs
against their wishes
Rights Reserved
About 10% of inmates have intellectual disabilities
Inmates with low I Q s
Less likely to successfully complete training and rehabilitative
programs
Have difficulty adjusting to prison life
Likely to serve longer portion of sentence
Few special facilities or programs for these inmates—most
inmates mainstreamed
Rights Reserved
Source: Robert O. Lampert, “The Mentally Retarded Offender in
Prison,” Justice Professional, Vol. 2, No. 1 (spring 1987), p. 61.
50
Figure 12.5 Federal Prisoners with and without Serious Mental
Illness
Rights Reserved
Source: Government Accounting Office, Federal Prisons:

Information on Inmates with Serious Mental Illness and
Strategies to Reduce Recidivism (Washington, DC: GAO,
2018), p. 13.
51
Terrorism (1 of 2)
Corrections personnel can assist antiterrorist efforts through
intelligence gathering and sharing
Administrators must be concerned about potential impact of
outside terrorist attack on inmate/staff population in prison
facility
Bioterrorism a key concern
Rights Reserved
Terrorism (2 of 2)
Threat of terrorist attack by inmates in prison
Inmates vulnerable to recruitment by terrorist organizations
B O P practices
Tracks/monitors inmates with known or suspected terrorist ties
Trains staff to recognize terrorist-related activity
Rights Reserved
Copyright
Rights Reserved
54
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Thirteenth Edition
Chapter 12
Prison Life
Rights Reserved
Rights Reserved
Research on Prison Life: Total
Institutions
• Total institution
– An enclosed facility socially and physically
separated from society, where inhabitants share
all aspects of their daily lives
– Facilities (prisons, mental hospitals, seminaries,
etc.) where residents are cut off from the larger
society

• Total institutions develop their own distinctive
values and styles of life and pressure residents to
fulfill rigidly prescribed behavioral roles
Rights Reserved
• Two social realities coexist in prisons
– The official structure of rules and procedures enforced
by prison staff
– The more informal inmate world controlled by the
prison subculture
• Prison subculture
– The values and behavioral patterns characteristic of
prison inmates
– Surprisingly consistent across the country
Rights Reserved
• Prisonization
– The process whereby newly institutionalized offenders

come to accept prison lifestyles and criminal values
– Socialization turns new inmates into “cons”
• Aspects of common inmate culture shared among different
prisons
• Prison argot (jargon)—terms used in one institution are
generally understood in others
Rights Reserved
The Evolution of Prison Subcultures
• Prison subcultures change constantly
• Evolve to reflect the concerns and experiences of
the wider culture
– React to new crime-control strategies
– Embrace novel opportunities for crime
Rights Reserved
The Functions of Prison Subcultures
(1 of 2)
• Deprivation model views prison subcultures as an
adaptation to deprivation and confinement
• Prisoners are deprived of:

– Liberty
– Goods and services
– Heterosexual relationships
– Autonomy
– Personal security
Rights Reserved
The Functions of Prison Subcultures
(2 of 2)
• Importation model
– Inmates bring with them values, roles, and behavior
patterns from the outside world
• The social structure of the prison is another element that
shapes prison subculture
Rights Reserved
Prison Lifestyles and Inmate Types
(1 of 2)
• The mean dude
• The hedonist
• The opportunist

• The retreatist
• The legalist
Rights Reserved
Prison Lifestyles and Inmate Types
(2 of 2)
• The radical
• The colonizer
• The religious
• The gangbanger
• The realist
Rights Reserved
Homosexuality and Sexual
Victimization in Prison (1 of 2)
• Sexual behavior inside prisons is both constrained and
encouraged by prison subculture
• Prison homosexuality depends on the naiveté of young
first-time inmates

• Prison Rape Elimination Act (P R E A) mandates collection
of statistics on prison rape
Rights Reserved
Homosexuality and Sexual
Victimization in Prison (2 of 2)
• Key observations about sexual violence in prison
– Most sexual aggressors do not consider themselves
homosexuals
– Sexual release is not the primary motivation
– Many aggressors must continue to participate in gang
rapes to avoid becoming victims themselves
– Aggressors have suffered damage to their masculinity
in the past
• Sexual assaults in prison leave psychological scars
Rights Reserved
• Women account for 7% of all prison inmates, and the
number of female inmates is rising

• Growth rate for female imprisonment has outpaced men
• Women in prison represent a population marginalized by
race, class and gender
– Black women overrepresented in correctional
populations
Rights Reserved
• Women face life circumstances that tend to be specific to
their gender
• Female inmates differ from male inmates regarding
personal histories and pathways to crime
– Women’s most common pathways to crime involve
survival strategies resulting from physical and sexual
abuse, poverty, and substance abuse
Rights Reserved
Figure 12.1 The Increase in Women’s
Incarceration

Rights Reserved
Table 12.1 National Profile of Female
Offenders
A profile based on national data for female offenders reveals
the following characteristics:
• Disproportionately women of color
• In their early to middle 30s
• Most likely to have been convicted of a drug-related offense
• From fragmented families that include other family members
who also have been
involved with the criminal justice system
• Survivors of physical and/or sexual abuse as children and
adults
• Individuals with significant substance-abuse problems
• Individuals with multiple physical and mental health problems
• Unmarried mothers of minor children
• Individuals with a high school or general equivalency diploma
(G E D) but limited
vocational training and sporadic work histories
Rights Reserved

Figure 12.2 Women State Prison
Inmates: Features and
Characteristics
Rights Reserved
Figure 12.3 Offenses Committed by
Men and Women in State Prisons
Rights Reserved
Sexual Victimization of Women
Prisoners
• Sexual victimization of women does not always end
with their admission to prison
• Alabama’s Julia Tutwiler Prison for Women
– Rampant sexual abuse
– Inmates routinely abused by prison staff
Rights Reserved
Figure 12.4 Women State Prison Inmates:
Physical and Sexual Abuse History

Rights Reserved
• 80% of women entering prison are mothers, 85% of them
had custody at the time of admission
• 25% of women entering prison are pregnant or recently
gave birth
• Over 1.7 million American children (1 out of every 43
children) have a parent in prison
– 1 out of 111 white children
– 1 out of 15 black children
Rights Reserved
• Over half the children of female prisoners never visit their
mothers in prison
• Reasons for lack of visits include
– Remote locations of prisons
– Lack of transportation
– Inability of caregivers to arrange visitation

Rights Reserved
• Trauma of parent in prison is similar to that of losing a
parent to death or divorce
• Separation is also a significant deprivation for many
parents
• Some states have parenting programs for female inmates
with children
Rights Reserved
• Involves understanding and taking account of the
differences in characteristics and life experiences women
and men bring to the criminal justice system
• Adjusting strategies and practices in ways that appropriate
respond to those conditions
Rights Reserved
• N I C report recommendations
– Create an effective system for female offenders

structured differently from a system for male offenders
– Develop gender-responsive policies and practices
– Modify sanctions to recognize the low risk to public
safety represented by the typical female offender
– Consider women’s relationships, especially with
children, in deciding appropriate sanctions
Rights Reserved
Institutions for Women
• Most located in small towns
• Many not designed for female inmates
• Some also house men
• Few have programs designed for female inmates
• Few major disturbances or escapes reported
• Substance abuse among female inmates very high
• Few work assignments available
Rights Reserved

Social Structure in Women’s Prisons
(1 of 2)
• Female prisoners are likely to be black or Hispanic, poor,
uneducated, abuse survivors, single parents, in poor
health
• Female inmates construct organized pseudofamilies
• Incarcerated women suffer intensely from loss of
affectional relationships—form homosexual liaisons to
compensate
Rights Reserved
Social Structure in Women’s Prisons
(2 of 2)
• Prison culture for women tied to
– Roles they assume in free society
– Other factors shaped by conditions of women’s lives in
prison and in free world
• Rate of inmate-on-inmate sexual victimization at least
three times higher for females than for males
• Sexual misconduct between staff and inmates more
common in women’s prisons

Rights Reserved
• Square
– Few early experiences with criminal lifestyles
– Tend to sympathize with the values and attitudes of
conventional society
• Cool
– More likely to be career offenders
– Tend to keep to themselves, support inmate values
Rights Reserved
• Life
– Familiar with lives of crime, had repeated arrests
– Full participants in economic, social, and familial
arrangements of the prison
• Social structure recently altered by “crack kids”
– Streetwise young women with little respect for
traditional prison values, for their elders, or even their
own children

Rights Reserved
• Less frequent than in male prisons
• Few lesbian liaisons are forced
• Sexual violence may be a form of revenge for those who
vocally condemn lesbian practices among inmates
Rights Reserved
• Task Force on the Female Offender recommendations
– Substance abuse programs for female inmates
– Literacy programs
– House female offenders in buildings without male
inmates
– Programs for keeping children in the facility
– Build institutions to accommodate programs for female
offenders
Rights Reserved

• Approximately 785,000 people employed in corrections
• Majority are correctional officers who perform direct
custodial tasks
– 70% are white, 22% black, 5% Hispanic
– 20% of corrections officers are female
• Corrections officers are at the bottom of the staff hierarchy
Rights Reserved
• Corrections officers are socialized into the prison work
world
• Formative influence on staff culture is the potential threat
that inmates pose
• Prison staffers most concerned with custody and control
Rights Reserved
The Professionalization of
Corrections Officers
• Correctional officers traditionally have low occupational
status

• Are becoming better trained and more proficient
– American Correctional Association code of ethics
– Psychological screening of candidates
– Training programs
Rights Reserved
Security Threat Groups and Prison
Riots (1 of 2)
• 1970–1980—the “explosive decade” of prison riots
• Riots decreased after this point but did continue
• Riots are difficult to predict in specific institutions but some
state prison systems appear ripe for disorder
Rights Reserved
Security Threat Groups and Prison
Riots (2 of 2)
• Security threat groups (S T G)
– An inmate group, gang, or organization whose
members act together to pose a threat to the safety of
corrections staff or the public, who prey on other
inmates, or who threaten the secure and orderly
operation of a correctional institution

• Turf violations among S T G s can lead to widespread
disorder
• Reach extends far beyond prison walls
Rights Reserved
Prisoners’ Rights
• Hands-off doctrine
– Nonintervention policy regarding prison management
that courts tended to follow until the late 1960s
– Based on belief that defendants suffer civil death upon
conviction, losing most of their rights
• Ended in 1970 when a federal court declared the entire
Arkansas prison system unconstitutional
Rights Reserved
The Legal Basis of Prisoners’ Rights
(1 of 2)
• Balancing Test (Pell v. Procunier, 1974)
– Weighs rights of individual against the state’s authority
to make laws or otherwise restrict a person’s freedom

to protect the state’s interest and its citizens
• Question of individual rights vs. public order
Rights Reserved
The Legal Basis of Prisoners’ Rights
(2 of 2)
• Inmate rights are conditional because they are constrained
by legitimate needs of imprisonment
– Difference between rights and privileges is that
privileges can be revoked at any time for any reason
– Rights have basis in Constitution and law and cannot
be infringed without good cause
• Most prisoner lawsuits are based on 8th and 14th
Amendment issues
Rights Reserved
• Grievance procedure
– A formal process through which an inmate can file a
complaint with local authorities and receive a
mandated response

• Sanctions may not be levied against inmates without due
process (Wolff v. McDonnell)
Rights Reserved
• Inmates going before disciplinary boards are entitled to
– notice of the charges brought against them
– chance to organize a defense
– impartial hearing
– opportunity to present witnesses and evidence in their
behalf
Rights Reserved
• Deliberate indifference
– A wanton disregard by corrections personnel for the
well-being of inmates
– Requires knowledge that harm is occurring and
disregard of risk of harm
• Wilson v. Seiter (1991)—8th Amendment inmate challenges

to prison conditions must show deliberate indifference
before the court will hear the complaint
Rights Reserved
Cases
• Sandin v. Conner (1995)
• Wolff v. McDonnell (1974)
• Hewitt v. Helms (1983)
• Ali v. Federal Bureau of Prisons (2008)
• Millbrook v. U.S. (2013)
• Howes v. Fields and Florence v. Burlington County (2012)
Rights Reserved
The Prison Litigation Reform Act of
1996
• Legislative effort to restrict inmate lawsuits to worthwhile
cases and reduce the number of suits brought by state
prisoners in federal courts
• P L R A has been effective in reducing the number of

frivolous lawsuits filed by inmates alleging unconstitutional
prison conditions
• Opponents fear it stifles filing of meritorious suits by
inmates facing real deprivations
Rights Reserved
• Crimes by the elderly declining
• Expansion of elder population has led to increase in the
number of elderly people in prison
– Currently 161,839 prisoners age 55+
– By 2030, will be over 400,000
• Fastest-growing segment of the inmate population
Rights Reserved
• Causes of “graying” prison population
– General aging of U.S. population reflected inside
prisons
– New sentencing policies that send more criminals to

prison for longer terms
– Massive prison-building boom in the 1980s and 1990s
– Significant changes in parole philosophies and
practices
Rights Reserved
• Geriatric offenders have special needs—tend to suffer
from physical disabilities, illnesses that prisons are rarely
equipped to deal adequately with
• Incarcerating the elderly is costly and may be
counterproductive
• Need rehabilitation programs geared for older inmates
Rights Reserved
Mentally Ill and Intellectually Disabled
Inmates (1 of 3)
• A substantial number of inmates have significant mental
illnesses
– Higher rate of incarceration for violent and sex
offenses

– Study found 40% receive no treatment
• Number of inmates with severe mental illness 10 times
greater than people being treated in state psychiatric
hospitals
Rights Reserved
Inmates (2 of 3)
• Few state correctional institutions have any
substantial capacity for in-depth psychiatric
treatment of inmates with serious mental illnesses
• Some states do operate facilities specializing in
psychiatric confinement of convicted criminals
• Mentally ill inmates can be required to take
antipsychotic drugs against their wishes
Rights Reserved
Inmates (3 of 3)
• About 10% of inmates have intellectual disabilities
• Inmates with low I Q s

– Less likely to successfully complete training and
rehabilitative programs
– Have difficulty adjusting to prison life
– Likely to serve longer portion of sentence
• Few special facilities or programs for these inmates
—most inmates mainstreamed
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Figure 12.5 Federal Prisoners with
and without Serious Mental Illness
Rights Reserved
Terrorism (1 of 2)
• Corrections personnel can assist antiterrorist efforts
through intelligence gathering and sharing
• Administrators must be concerned about potential
impact of outside terrorist attack on inmate/staff
population in prison facility
– Bioterrorism a key concern

Rights Reserved
Terrorism (2 of 2)
• Threat of terrorist attack by inmates in prison
– Inmates vulnerable to recruitment by terrorist
organizations
• B O P practices
– Tracks/monitors inmates with known or
suspected terrorist ties
– Trains staff to recognize terrorist-related activity
Rights Reserved
Copyright
Criminal Justice: A Brief IntroductionResearch on Prison Life:
Total InstitutionsThe Male Inmate’s World (1 of 2)The Male
Inmate’s World (2 of 2)The Evolution of Prison SubculturesThe
Functions of Prison Subcultures (1 of 2)The Functions of Prison
Subcultures (2 of 2)Prison Lifestyles and Inmate Types (1 of
2)Prison Lifestyles and Inmate Types (2 of 2)Homosexuality
and Sexual Victimization in Prison (1 of 2)Homosexuality and
Sexual Victimization in Prison (2 of 2)The Female Inmate’s
World (1 of 2)The Female Inmate’s World (2 of 2)Figure 12.1
The Increase in Women’s IncarcerationTable 12.1 National
Profile of Female OffendersSlide 16Slide 17Sexual
Victimization of Women PrisonersSlide 19Parents in Prison (1
of 3)Parents in Prison (2 of 3)Parents in Prison (3 of 3)Gender-
Responsiveness (1 of 2)Gender-Responsiveness (2 of
2)Institutions for WomenSocial Structure in Women’s Prisons

(1 of 2)Social Structure in Women’s Prisons (2 of 2)Types of
Female Inmates (1 of 2)Types of Female Inmates (2 of
2)Violence in Women’s Prisons (1 of 2)Violence in Women’s
Prisons (2 of 2)The Staff World (1 of 2)The Staff World (2 of
2)The Professionalization of Corrections OfficersSecurity
Threat Groups and Prison Riots (1 of 2)Security Threat Groups
and Prison Riots (2 of 2)Prisoners’ RightsThe Legal Basis of
Prisoners’ Rights (1 of 2)The Legal Basis of Prisoners’ Rights
(2 of 2)Grievance Procedures (1 of 2)Grievance Procedures (2
of 2)A Return to the Hands-Off Doctrine?A Return to the
Hands-Off Doctrine? CasesThe Prison Litigation Reform Act of
1996Geriatric Offenders (1 of 3)Geriatric Offenders (2 of
3)Geriatric Offenders (3 of 3)Mentally Ill and Intellectually
Disabled Inmates (1 of 3)Mentally Ill and Intellectually
Disabled Inmates (2 of 3)Mentally Ill and Intellectually
Disabled Inmates (3 of 3)Slide 51Terrorism (1 of 2)Terrorism (2
of 2)Copyright
Thirteenth Edition
Chapter 13
Juvenile Justice
Rights Reserved
Rights Reserved
Introduction (1 of 2)

• Juvenile
– A youth at or below the upper age of juvenile court
jurisdiction in a particular state
• Justice-involved youth
– A juvenile who has been charged with an offense
• About 700,000 juveniles under 18 are arrested each year
Rights Reserved
Introduction (2 of 2)
• Juvenile justice system:
– The government agencies that function to investigate,
supervise, adjudicate, care for, or confine youthful
offenders and other children subject to the jurisdiction
of the juvenile court
– Has roots in the adult system
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Figure 13.1 Juvenile Involvement in
Crime Versus System Totals, 2017

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Juvenile Justice Throughout History
(1 of 3)
• Before the modern era, children who committed crimes in
the Western world received no preferential treatment
because of their youth
• Little distinction between criminality and delinquency
• Delinquency
– Juvenile actions or conduct in violation of criminal law,
juvenile status offenses, and other juvenile
misbehavior
Rights Reserved
(2 of 3)
• Parens Patriae
– A common law principle that allows the state to
assume a parental role and to take custody of a
delinquent child
• By the end of the eighteenth century, the Enlightenment
movement emphasized human potential

– Society became increasingly concerned about the well-
being of children
Rights Reserved
(3 of 3)
• By the middle of the nineteenth century, “houses of refuge”
were developed to save children from lives of crime and
poverty
• The American “child-savers” movement
– Led to development of reform schools for delinquent
juveniles
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Figure 13.2 Perspectives on
Juveniles through History
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The Juvenile Court Era (1 of 2)
• The 1899 Illinois Juvenile Court Act created a juvenile

court
– Applied the term “delinquent” rather than “criminal” to
avoid lasting stigma
– Determination of guilt or innocence took second place
to the betterment of the child
• Federal Juvenile Court Act (1938)
• By 1945 every state had legislation focusing on the
handling of juveniles
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The Juvenile Court Era (2 of 2)
• Key philosophical principles of the juvenile court
movement
– The state is the “ultimate parent”
– Children are worth saving
– Children should be nurtured
– Justice and reformation need to be individualized
– Noncriminal procedures are necessary in order to help
the child
Rights Reserved

Categories of Children in the Juvenile
Justice System (1 of 3)
• Delinquent child:
– A child who violates the criminal law
• Undisciplined child:
– A child who is beyond parental control, as shown by a
refusal to obey legitimate authorities
• Dependent child:
– A child who has no parents or guardians to care for him
or her
Rights Reserved
• Neglected child:
– A child who does not receive proper care from
parents or guardians
• Abused child:
– A child who has been physically, emotionally, or
sexually abused
• Status offender:

– A child who violates laws written only for them
Rights Reserved
• Status Offense
– An act or conduct that is declared by statute to
be an offense, but only when committed by or
engaged in by a juvenile, and that can be
adjudicated only by a juvenile court
– Truancy, vagrancy, running away from home,
etc.
• Status offenses were a natural outgrowth of
juvenile court philosophy
Rights Reserved
The Legal Environment
• Throughout the first half of the twentieth century,
the Supreme Court followed a hands-off approach
to juvenile justice
• Left adjudication and further processing of
juveniles to specialized juvenile courts or local

appeals courts
• Not until the 1960s that the Court began to
consider the principles underlying the juvenile
system itself
Rights Reserved
Supreme Court Cases Related to
Juvenile Justice (1 of 2)
• Kent v. United States (1966)
• In re Gault (1967)
• In re Winship (1970)
• McKeiver v. Pennsylvania (1971)
• Breed v. Jones (1975)
• Schall v. Martin (1984)
Rights Reserved
Supreme Court Cases Related to
Juvenile Justice (2 of 2)
• Thompson v. Oklahoma and Stanford v. Kentucky
(1988–1989)

• Roper v. Simmons (2005)
• Graham v. Florida (2010)
• J. D. B. v. North Carolina (2011)
• Miller v. Alabama (2012)
• Montgomery v. Louisiana (2016)
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Legislation Concerning Children and
Justice (1 of 3)
• Omnibus Crime Control and Safe Streets Act of 1968
– Provided money and technical assistance to states and
municipalities seeking to modernize their justice
systems
– Also provided funding for youth services bureaus
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Justice (2 of 3)
• Juvenile Justice and Delinquency Prevention (J J D P) Act of

1974
– Provided federal grants to states and cities seeking to
improve their handling and disposition of delinquents
and status offenders
– Participants had to meet two conditions:
▪ “Sight and sound separation mandate”
▪ Deinstitutionalize status offenders
– Has been reauthorized for funding multiple times
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Justice (3 of 3)
• PROTECT Act of 2003 (AMBER Alert law)
– Provides federal funding to states to ensure the
creation of a national AMBER network to facilitate rapid
law enforcement and community response to
kidnapped or abducted children
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The Legal Rights of Juveniles (1 of 2)
• Most jurisdictions have statutes designed to extend the

Miranda provisions to juveniles
• It is unclear whether juveniles can legally waive their
Miranda rights
Rights Reserved
The Legal Rights of Juveniles (2 of 2)
• New Jersey v. T. L. O. (1985)
– Students have a reasonable expectation of privacy in
their personal property
– A search is considered reasonable if it
▪ is based on a logical suspicion of rule-breaking
actions
▪ is required to maintain order, discipline, and safety
among students
▪ does not exceed the scope of the original suspicion
Rights Reserved
The Juvenile Justice Process Today
(1 of 2)
• Juvenile court jurisdiction rests on the offender’s age and
conduct

– Most states define a juvenile as one who is not 18
– A few states use 16 or 17 for juvenile court jurisdiction
• Exclusive jurisdiction applies when the juvenile court is the
only court that has statutory authority
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The Juvenile Justice Process Today
(2 of 2)
• If juvenile court authority is not exclusive, it may be original
or concurrent
– Original jurisdiction—an offense must originate with
juvenile court authorities
– Concurrent jurisdiction—other courts have equal
statutory authority to originate proceedings
• In some states, juvenile courts have no jurisdiction over
certain specified offenses
Rights Reserved
Figure 13.4 Maximum Age of Juvenile
Court Jurisdiction over Young
Offenders, by State

Rights Reserved
Adult and Juvenile Justice Compared
• Juveniles lack some due process protections
• Other differences include
– Less concern with legal issues of guilt or innocence
– Treatment emphasized over punishment
– Privacy/protection from public scrutiny
– Dispositions based on social science
– No long-term confinement
– Separate facilities
– Broad discretionary alternatives
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CJ Exhibit 13.1 Adult Criminal Case Processing vs. the
Juvenile Justice System
ADULT CRIMINAL PROCEEDINGS
Focus on criminality
Comprehensive rights against unreasonable
searches of person,
home, and possessions
Right against self-incrimination

Assumption of innocence until proven guilty
Adversarial setting
Most arrests based on arrest warrants
Right to an attorney
Right to trial by jury
Right to a public trial
System goals of punishment and reformation
No right to treatment
Possibility of bail or release on recognizance
Release
Public record of trial and judgment
Possible incarceration in adult correctional
facility
JUVENILE PROCEEDINGS
Focus on delinquency and a special category
of “status offenses”
Limited rights against unreasonable
searches
Right against self-incrimination (waivers are
questionable)
Guilt and innocence not the primary issues
(the system focuses on the interests of the
child)
Helping context
Apprehension based on petitions or
complaints
Right to an attorney
Closed hearing; no right to a jury trial
System goals of protection and treatment
Specific right to treatment
Release into parental custody

Sealed records (records may sometimes be
destroyed by specified
age of offender)
Separate facilities at all levels
Rights Reserved
How the System Works
• Four states in the juvenile justice process
– Intake
– Adjudication
– Disposition
– Postadjudicatory review
• Juvenile system is more likely to use discretion and
diversion at each stage
Rights Reserved
Figure 13.5 The Juvenile Justice
System
Rights Reserved
Intake and Detention Hearings (1 of 2)

• Juveniles come to the attention of the system through
arrest or the filing of a juvenile petition
– Juvenile petition: Alleges that a juvenile is delinquent
and asks the court to assume jurisdiction
– 3/4 of all referrals come from law enforcement
• Emphasis on rehabilitation results in increased use of
diversion
• One in five cases involve preadjudication detention
Rights Reserved
Intake and Detention Hearings (2 of 2)
• Detention hearing
– Conducted by judge or officer of the court
• Preliminary hearing
– Purpose is to determine if there is probable cause to
believe that the juvenile committed the alleged act
• Transfer hearing
– Consider transfer of case to adult court
Rights Reserved

Adjudication (1 of 3)
• Adjudicatory Hearing
– Fact-finding process during which the juvenile court
determines whether there is sufficient evidence of a
law violation
– Similar to an adult trial
Rights Reserved
• Key differences from adult trial
– Emphasis on privacy
– Informality
– Speed
– Evidentiary standard
– Court philosophy
– No right to trial by jury
Rights Reserved

• Teen court
– An alternative to formal adjudication in a juvenile court
– Alleged offenders are judged and/or sentenced by a
jury of their peers
– Hundreds of teen courts are in operation across the
country
Rights Reserved
Disposition (1 of 3)
• Dispositional hearing
– Used to decide what action the court should take after
a juvenile has been found delinquent
– Similar to an adult sentencing hearing
• Juvenile court counselors
– May conduct presentence investigations
– Effectively are juvenile probation officers
Rights Reserved
• Judges usually have wider range of sentencing
alternatives

• Major classes of juvenile disposition: to confine or not to
confine
– Primary objective is rehabilitation
– Judge is likely to select the least restrictive alternative
that meets the juvenile’s needs and the legitimate
concerns of society for protection
Rights Reserved
• Most judges decide not to confine juveniles
• In nearly two-thirds of adjudicated delinquency cases,
juveniles are placed on formal probation
• Probationary disposition
– Usually means juveniles are released into the custody
of a parent or guardian and ordered to undergo some
form of training, education, or counseling
– May be ordered to pay fines or make restitution
Rights Reserved
Secure Institutions for Juveniles
(1 of 3)

• Most confined juveniles are held in semi-secure facilities
designed to look like residential high school campuses
• Most states have at least one security facility for most
recalcitrant offenders
• Juveniles may also be held in halfway houses, “boot
camps,” ranches, forestry camps, wilderness programs,
group homes, and state-hired private facilities
Rights Reserved
(2 of 3)
• Emphasis on rehabilitation
• Juveniles usually committed to secure facilities for
indeterminate periods of time.
• Typical stay is less than one year
• Release frequently timed to coincide with start or end of
the school year
Rights Reserved
(3 of 3)

• Most juvenile facilities are small, with 82% designed to
hold 50 residents or fewer
• Many hold 10 residents or fewer
• 96 large facilities, each holding 100+ hard-core
delinquents
• States vary widely in use of secure detention for juveniles
Rights Reserved
Figure 13.6 Number of Youth Held in
Secure Confinement in the United
States, 1997–2015
Rights Reserved
Characteristics of Juveniles in
Confinement
• 84.8% male, 15.2% female
• 41.9% black, 31.3% white, 21.9% Hispanic
• 4.8% institutionalized for status offense
• 59.3% in residential facilities for a serious personal
or property crime

• 1.6% charged with homicide
Rights Reserved
Overcrowding in Juvenile Facilities
(1 of 2)
• Overcrowding exists in many juvenile institutions
• One in five juveniles held in facilities at or over standard
bed capacity
• Widespread problems in juvenile facilities in areas of living
space, health care, security, and control of suicidal
behavior
Rights Reserved
Overcrowding in Juvenile Facilities
(2 of 2)
• Many states use private facilities
– 68% of juveniles held in public facilities, 32% in
private facilities
– Typical juvenile in public facility—black, male
14–17, held for delinquent offense
– Typical juvenile in private facility—white, male

14–17, held for nondelinquent offense
Rights Reserved
Postadjudicatory Review (1 of 2)
• Appellate review may be more critical for juveniles
due to the detrimental effects of institutionalization
• Federal courts have not established a clear right to
appeal from juvenile court
• Most states have statutory provisions making such
appeals possible
Rights Reserved
Postadjudicatory Review (2 of 2)
• Practically speaking, juvenile appeals may not be
as consequential as adult appeals
– Most complaints handled informally
– Only a small proportion of adjudicated
delinquents placed outside the family
– Sentence lengths are short

Rights Reserved
Trends in Juvenile Justice (1 of 4)
• Serious juvenile crime in late twentieth century led
to increasing “criminalization” of juvenile courts
• OJJDP comprehensive strategy for serious, violent,
and chronic juvenile offenders
• Today we are seeing a move back toward original
principles of the juvenile court
– Limited state budgets
– Lack of faith in ability of residential placement
to reform juveniles
Rights Reserved
• Research distinguishing adolescents from adults
contributing to reestablished boundaries between
adult and juvenile justice systems
• Significant differences in developing adolescent
brains mean young people
– have less capacity for self-regulation
– have more sensitivity to proximal external

influences
– show less ability to make judgments and
decisions requiring future orientation
Rights Reserved
• Recent trends to restore jurisdiction to the juvenile
court include
– comprehensive juvenile justice reforms
– reformation of transfer, waiver, and direct-file
laws, including reduced use of blended
sentences
– upping the age of juvenile court jurisdiction
– development of evidence-based prevention,
intervention, and detention reform
Rights Reserved
• Recent trends to restore jurisdiction to the juvenile
court include

– due process reforms
– recognition of the mental health needs of
juveniles
– addressing racial and ethnic disparities
– improvements to aftercare programs
Rights Reserved
Copyright
Criminal Justice: A Brief IntroductionIntroduction (1 of
2)Introduction (2 of 2)Slide 4Juvenile Justice Throughout
History (1 of 3)Juvenile Justice Throughout History (2 of
3)Juvenile Justice Throughout History (3 of 3)Figure 13.2
Perspectives on Juveniles through HistoryThe Juvenile Court
Era (1 of 2)The Juvenile Court Era (2 of 2)Categories of
Children in the Juvenile Justice System (1 of 3)Categories of
Children in the Juvenile Justice System (2 of 3)Categories of
Children in the Juvenile Justice System (3 of 3)The Legal
EnvironmentSupreme Court Cases Related to Juvenile Justice (1
of 2)Supreme Court Cases Related to Juvenile Justice (2 of
2)Legislation Concerning Children and Justice (1 of
3)Legislation Concerning Children and Justice (2 of
3)Legislation Concerning Children and Justice (3 of 3)The
Legal Rights of Juveniles (1 of 2)The Legal Rights of Juveniles
(2 of 2)The Juvenile Justice Process Today (1 of 2)The Juvenile
Justice Process Today (2 of 2)Slide 24Adult and Juvenile
Justice ComparedSlide 26How the System WorksFigure 13.5
The Juvenile Justice SystemIntake and Detention Hearings (1 of
2)Intake and Detention Hearings (2 of 2)Adjudication (1 of
3)Adjudication (2 of 3)Adjudication (3 of 3)Disposition (1 of
3)Disposition (2 of 3)Disposition (3 of 3)Secure Institutions for

Juveniles (1 of 3)Secure Institutions for Juveniles (2 of
3)Secure Institutions for Juveniles (3 of 3)Slide
40Characteristics of Juveniles in ConfinementOvercrowding in
Juvenile Facilities (1 of 2)Overcrowding in Juvenile Facilities
(2 of 2)Postadjudicatory Review (1 of 2)Postadjudicatory
Review (2 of 2)Trends in Juvenile Justice (1 of 4)Trends in
Juvenile Justice (2 of 4)Trends in Juvenile Justice (3 of
4)Trends in Juvenile Justice (4 of 4)Copyright
Thirteenth Edition
Chapter 6
Policing: Issues and
Challenges
Rights Reserved
Rights Reserved
Police Personality and Culture (1 of 3)
• Police subculture
– A particular set of values, beliefs, and
acceptable forms of behavior with which the
police profession strives to imbue new recruits
• Process of informal socialization plays a bigger role
than the formal police academy training

– Officers gain a shared “streetwise” view of the
world
Rights Reserved
• Police working personality (Jerome Skolnick)
– All aspects of the traditional values and patterns
of behavior evidenced by police officers who
have been effectively socialized in the police
subculture
• Characteristics such as being authoritarian and
suspicious are essential for police survival and
effectiveness
• Other characteristics are less advantageous
(cynicism, hostility, etc.)
Rights Reserved
• There are at least two sources of police personality:
– Components may already exist in some people,
drawing them toward policing

– Some aspects can be attributed to the
socialization into the police subculture rookie
officers experienced when they are inducted
into police ranks
• Research suggests police subculture is stable and
unlikely to change from within
• Can be significantly influenced by strong and
effective leadership or by external pressures
Rights Reserved
Table 6.1 Characteristics of the Police
Personality
Authoritarian Blank Blank Blank
Honorable Cynical Secret Efficient
Insecure Loyal Individualistic Dogmatic
Suspicious Hostile Conservative Prejudiced
Rights Reserved
Corruption and Integrity (1 of 3)
• Police corruption

– The abuse of police authority for personal or
organizational gain
• Policing has many opportunities for misconduct
• Effects of corruption can be far-reaching
• Not always clear what constitutes corruption
– Ranges from minor offenses to serious violations
of the law
– “Slippery slope”
Rights Reserved
• Occupational deviance
– Motivated by the desire for personal benefit
• Abuse of authority
– Occurs to further the organizational goals of law
enforcement
Rights Reserved

• Knapp Commission investigated corruption in New
York City in the early 1970s
• Distinguished between two types of corrupt officers
– Grass eaters
▪ Most common, involves minor illegitimate
activity that occurs from time to time in the
normal course of police work
– Meat eaters
▪ More serious, involves actively seeking illicit
opportunities
Rights Reserved
Figure 6.1 Types and Examples of Police Corruption
Rights Reserved
Money—The Root of Police Evil?
• Low police pay may create monetary pressures
toward corruption
• Moral dilemma produced by unenforceable laws
that provide the basis for criminal profit

Rights Reserved
Building Police Integrity (1 of 2)
• Difficult to control corruption
– Reluctance of officers to report corrupt activities
– Reluctance of administrators to acknowledge
the existence of corruption
– Benefits of corrupt transactions
– Lack of victims willing to report corruption
Rights Reserved
Building Police Integrity (2 of 2)
• Ethics training
• Emphasis on integrity to target police corruption
• Law Enforcement Oath of Honor
• Law Enforcement Code of Ethics
• Internal affairs
– The branch of a police organization tasked with
investigating charges of wrongdoings
– Garrity rights—protections officers have against
self-incrimination in the face of questioning

Rights Reserved
Drug Testing of Police Employees
• Many departments require all officers to submit to
routine drug testing
• Courts have supported drug testing based on a
reasonable suspicion that drug abuse has been or
is occurring
• Drug and alcohol addictions are “handicaps”
protected by the Federal Rehabilitation Act of 1973
Rights Reserved
The Dangers of Police Work
• Police work by nature is dangerous
• Many officers never fire their weapons at a suspect,
but some officers are injured or die on the job
• Police are more likely to sustain nonfatal work-
related injuries than members of any other
occupation

Rights Reserved
Violence in the Line of Duty
• In 2017, 135 officers were killed in the line of duty
– Officers most likely shot and killed by a lone
suspect armed with a single weapon
– Slain officers more likely to be good-natured and
conservative in use of physical force
– Most slain officers failed to wear protective
vests
• Rate of violent death among law enforcement
officers relatively small
• Premeditated attacks on officers have escalated in
recent years
Rights Reserved
Figure 6.2 U.S. Law Enforcement Officers Killed in the
Line of Duty, 2017
Rights Reserved
Risk of Disease and Infected
Evidence (1 of 2)

• Biological weapon
– A biological agent used to threaten human life
• Investigators and first responders must be cautious
• Routine criminal and accident investigations hold
potential for infection
• Officers cannot refuse to help persons with
infectious diseases
Rights Reserved
Risk of Disease and Infected
Evidence (2 of 2)
• Areas of concern
– Need to educate officers about serious
infectious diseases
– Need to prevent the spread of infectious
diseases in police lockups
– Need for effective, nondiscriminatory
enforcement and lifesaving activities in
environments contaminated with active
biological agents
Rights Reserved

Stress and Fatigue among Police
Officers
• Stress is a natural component of police work
– Police ranked among top ten stress-producing
jobs
• Some stressors are particularly destructive
– Frustration results from the inability to be
effective
• Stress is not unique to policing, but denial of stress
is more prevalent among the police
Rights Reserved
Figure 6.3 Stress and Fatigue among
Police Officers
Rights Reserved
Stress Reduction (1 of 3)
• The amount of stress an officer experiences is
directly related to his or her reactions to potentially
stressful situations
• Family members often report feelings of stress

directly related to the officer’s work
– Some departments have developed family
support programs for spouses, life partners,
adolescent children of officers
Rights Reserved
• Humor
• Emotional distance
• Exercise
• Meditation
• Deep breathing
• Biofeedback
• Self-hypnosis
Rights Reserved
• Guided imaging

• Induced relaxation
• Subliminal conditioning
• Music
• Prayer
• Diet
Rights Reserved
Officer Fatigue
• Fatigue can affect an officer’s performance
• One study found officer fatigue levels to be six
times higher than those of shift workers in
industrial and mining jobs
• Fatigue associated with the pattern and length of
work hours may contribute to accidents, injuries,
misconduct
• Need to review policies, procedures, and practices
affecting work hours and overtime, and control
work hours of police officers
Rights Reserved
Terrorism’s Impact on Policing

• September 11th attacks significantly impacted policing
• Agencies at all levels now devote more time and resources
to prepare for possible terrorist attacks and intelligence-
gathering
• Local police play a key role in responding to challenges of
terrorism
– Engagement depends on budgetary
consideration and likelihood of attack
Rights Reserved
The FBI’s Joint Terrorism Task
Forces (JTTF)
• J T T Fs facilitate effective sharing of critical
information between agencies by bringing together
federal and local law enforcement personnel to
focus on specific threats
– JTTFs established or authorized in all FBI field
offices
• Regional Terrorism Task Forces also share
information with local agencies
Rights Reserved

Intelligence-Led Policing and
Antiterrorism (1 of 2)
• Intelligence-led policing
– Collection and analysis of information to
produce an intelligence end product designed to
inform police decision-making at tactical and
strategic levels
– Use of criminal intelligence to guide policing
• Criminal intelligence
– Information compiled, analyzed, and/or
disseminated in an effort to anticipate, prevent,
or monitor criminal activity
Rights Reserved
Intelligence-Led Policing and
Antiterrorism (2 of 2)
• Types of criminal intelligence
– Tactical intelligence
▪Obtaining or developing information related
to threats of crime/terrorism and using it to
apprehend offenders, harden targets, use
strategies to eliminate/mitigate threats
– Strategic intelligence
▪Provides information to decision-makers to

develop strategies and reallocate resources
for effective prevention
Rights Reserved
Information Sharing and
Antiterrorism
• Need for effective sharing of criminal intelligence
became apparent after events of September 11th
• Online information-sharing systems
– Law Enforcement Enterprise Portal (LEEP)
– Law Enforcement Online (L E O)
• International Justice and Public Safety Information
Sharing Network (N L E T S) links agencies in the
United States and Canada
Rights Reserved
The National Criminal Intelligence
Sharing Plan
• Effort to create a fully integrated nationwide C J
information system
• Provides specific steps law enforcement agencies
can take to participate in sharing of critical law

enforcement and terrorism-prevention information
Rights Reserved
Police Civil Liability
• Civil liability
– The potential responsibility for payment of
damages or other court-ordered enforcement as
the result of a ruling in a lawsuit
• Two types of civil liability suits brought against law
enforcement personnel
– State
– Federal
Rights Reserved
Table 6.3 Major Sources of Police
Civil Liability
Failure to protect property in police custody
Negligence in the care of suspects in police custody
Failure to render proper emergency medical assistance
Failure to prevent a foreseeable crime

Failure to aid private citizens
Lack of due regard for the safety of others
False arrest
False imprisonment
Inappropriate use of deadly force
Unnecessary assault or battery
Malicious prosecution
Violation of constitutional rights
Pattern of unfair and inequitable treatment
Racial profiling
Rights Reserved
Common Sources of Civil Suits
• The most common sources of civil liability are
assault, battery, false imprisonment, and malicious
prosecution
• Methods for departments to protect themselves
from lawsuits
– Provide proper and adequate training
– Create regulations limiting employee authority

• Supervisors may be the object of civil suits because
they are responsible for the actions of their officers
– May be liable for negligent hiring or failure to
train
Rights Reserved
Federal Lawsuits (1 of 3)
• 1983 lawsuit
– Civil suit filed in federal court against anyone
who denies others their constitutional right to
life, liberty, or property without due process of
law
– Brought under Title 42, Section 1983 of the U.S.
Code
• Bivens Action
– A civil suit brought against federal government
officials for denying the constitutional rights of
others
Rights Reserved

• In the past, the doctrine of sovereign immunity
barred legal actions against state and local
governments
• Qualified immunity
– Shields individual officers from constitutional
lawsuits if unless their conduct was
unreasonable in light of clearly established law
• Most departments carry liability insurance to
protect against the severe financial damage that
can result from the loss of a large civil suit
Rights Reserved
• Strategies to help avoid federal investigation and
consent decree
– Adopt strong policies on key issues (use of force,
etc.)
– Ensure officers are trained and managed so
policies will be followed
– Develop strong management and supervision
measures to help ensure police managers are
aware of and can quickly respond to problems
as they develop

Rights Reserved
Racial Profiling (1 of 2)
• Racial profiling
– Any police-initiated action that relies on the
race, ethnicity, or national origin rather than the
behavior of an individual or on information that
leads the police to a particular individual who
has been identified as being engaged in criminal
activity
• Uses personal characteristics as the sole or
predominate factor in determining criminal intent
or culpability
• “Driving while black,” “driving while brown”
Rights Reserved
Racial Profiling (2 of 2)
• Racial profiling has been widely condemned as
being contrary to basic ethical principles
• Weakens public confidence in the police
• Differs from behavioral profiling
– Using a person’s demeanor, actions, bearing,

and manner to identify an offender before he
can act
Rights Reserved
Figure 6.5 States with Racial Profiling
Laws
Rights Reserved
Racially Biased Policing
• 2001 P E R F report recommendations to help
departments be free of bias
– Supervisors should monitor activity reports
– Conduct spot checks and regular sampling of in-
car videotapes and radio transmissions
– Determine if formal and informal
communications are professional and free from
bias
Rights Reserved
Police Use of Force (1 of 3)

• Police use of force
– The use of physical restraint by a police officer
when dealing with a member of the public
– Relevant decisions are within an individual
officer’s discretion
• Police authorized to use only the amount of force
that is reasonable and necessary given the
circumstances
• Police use force in less than 20% of adult custodial
arrests
– Primarily use weaponless tactics
Rights Reserved
• Excessive force
– Using more force than is required in the
circumstances
• Excessive use of force
– The phenomenon of force being used
unacceptably, often on a department-wide basis
• Illegal use of force

– Situations in which police use of force violates a
law
Rights Reserved
• Force factor
– Level of force used by police relative to
suspect’s level of resistance
– Key element in reducing injuries to police and
suspects
• Excessive force can be symptomatic of problem
police officers
• Recent studies have found that problem police
officers do not differ significantly in race or
ethnicity from other officers
Rights Reserved
Figure 6.7 Police Use-of-Force
Continuum

Rights Reserved
Deadly Force (1 of 4)
• Deadly force
– Force likely to cause death or great bodily harm
• Fleeing felon rule
– Historically, it was held that officers could use
deadly force to prevent the escape of a
suspected felon
Rights Reserved
• Tennessee v. Garner (1985)
– Use of deadly force to prevent escape of fleeing
felon only justified when the suspect reasonably
through to represent a significant threat of
serious injury or death to public or officer, and
where deadly force is necessary to effect the
arrest
• Graham v. Connor (1989)
– Established standard of objective
reasonableness to assess officer’s use of deadly
force in terms of “reasonableness at the
moment”

Rights Reserved
• Elements contained in federal deadly force policy
– Defense of life
– Fleeing subject
– Verbal warning if feasible
– Warning shot may not be fired
– Vehicle—deadly force may not be used solely to
disable a moving vehicle
• Research does not solidly support claims of racial
discrimination in police use of deadly force
Rights Reserved
• Suicide by cop
– Individuals bent on dying engage in behavior
that causes the officers to resort to deadly force
• Three categories of “suicide by cop”
– Direct confrontations
– Disturbed interventions
– Criminal interventions

Rights Reserved
Less-Lethal Weapons
• Weapons that are designed to disable, capture, or
immobilize—but not kill—a suspect
• Intended to provide effective and safe alternatives to lethal
force
• Occasional deaths do result from the use of these
weapons
Rights Reserved
Professionalism and Ethics (1 of 2)
• Police professionalism
– The increasing formalization of police work and
the accompanying rise in public acceptance of
the police
• Policing has many attributes of a profession
• Police ethics
– Responsibility to adhere to moral duty and
obligation inherent in police work

Rights Reserved
Professionalism and Ethics (2 of 2)
• Many professional associations support police work
– IACP
– Fraternal Order of Police
• Accreditation is another avenue toward
professionalization
– Credentialing process that provides recognized
professional status
– Commission on Accreditation for Law
Enforcement Agencies (CALEA)
Rights Reserved
Education and Training (1 of 4)
• Peace Officer Standards and Training (P O S T)
Program
– The official program of a state or legislative
jurisdiction that sets standards for the training
of law enforcement officers
• Every jurisdiction mandates P O S T-like requirements

• Training requirements vary considerably from
region to region
• Federal law enforcement agents train at the
Federal Law Enforcement Training Center (F L E T C)
in Georgia
Rights Reserved
• Police Training Officer (P T O) program
– Alternative model for field training
– Incorporates community policing and problem-
solving principles
• Increasing emphasis on formal education of police
officers
– However, many departments do not have a
college requirement
– Davis v. Dallas (1985) upheld policy requiring
college-level study for new recruits
Rights Reserved

• Benefits from hiring educated officers
– Better written reports
– Enhanced communications with public
– More effective job performance
– Fewer citizen complaints
– Greater initiative
– Wiser use of discretion
– Heightened sensitivity to racial/ethnic issues
– Fewer disciplinary problems
Rights Reserved
• Drawback to hiring more educated officers
– Educated officers more likely to leave police
work
– More likely to question orders
– Request reassignment more frequently
• Most federal agencies now require college degrees
for entry-level positions
Rights Reserved
Recruitment and Selection
• Applicant screening methods include:

– Personal interviews
– Basic skills tests
– Physical agility measurements
– Medical exams
– Drug tests
– Psychological evaluations
– Background investigations
Rights Reserved
Ethnic and Gender Diversity in
Policing (1 of 2)
• Many departments are focusing on increasing their
complement of officers from underrepresented
groups
• Ethnic minorities are employed in policing in
significant numbers today
• Women are still significantly underrepresented,
especially in supervisory ranks
Rights Reserved
Ethnic and Gender Diversity in
Policing (2 of 2)
• Benefits of women officers
– Tend to use less physical force, less likely to be

accused of using excessive force
– Better at defusing and de-escalating potentially
violent confrontations
– Better able to facilitate cooperation and trust
needed for community policing
– Often respond more effectively to incidents of
violence against women
Rights Reserved
Women as Effective Police Officers
• Two groups of female officers
– Those who feel well integrated and are
confident in their jobs
– Those who experience strain and isolation
• Female officers often underutilized; many
departments hesitate to assign women to patrol
• Some women in policing experience frustration and
lack of satisfaction with their jobs
Rights Reserved

Copyright
Criminal Justice: A Brief IntroductionPolice Personality and
Culture (1 of 3)Police Personality and Culture (2 of 3)Police
Personality and Culture (3 of 3)Table 6.1 Characteristics of the
Police PersonalityCorruption and Integrity (1 of 3)Corruption
and Integrity (2 of 3)Corruption and Integrity (3 of 3)Figure 6.1
Types and Examples of Police CorruptionMoney—The Root of
Police Evil?Building Police Integrity (1 of 2)Building Police
Integrity (2 of 2)Drug Testing of Police EmployeesThe Dangers
of Police WorkViolence in the Line of DutySlide 16Risk of
Disease and Infected Evidence (1 of 2)Risk of Disease and
Infected Evidence (2 of 2)Stress and Fatigue among Police
OfficersFigure 6.3 Stress and Fatigue among Police
OfficersStress Reduction (1 of 3)Stress Reduction (2 of 3)Stress
Reduction (3 of 3)Officer FatigueTerrorism’s Impact on
PolicingThe FBI’s Joint Terrorism Task Forces
(JTTF)Intelligence-Led Policing and Antiterrorism (1 of
2)Intelligence-Led Policing and Antiterrorism (2 of
2)Information Sharing and AntiterrorismThe National Criminal
Intelligence Sharing PlanPolice Civil LiabilityTable 6.3 Major
Sources of Police Civil LiabilityCommon Sources of Civil
SuitsFederal Lawsuits (1 of 3)Federal Lawsuits (2 of 3)Federal
Lawsuits (3 of 2)Racial Profiling (1 of 2)Racial Profiling (2 of
2)Figure 6.5 States with Racial Profiling LawsRacially Biased
PolicingPolice Use of Force (1 of 3)Police Use of Force (2 of
3)Police Use of Force (3 of 3)Figure 6.7 Police Use-of-Force
ContinuumDeadly Force (1 of 4)Deadly Force (2 of 4)Deadly
Force (3 of 4)Deadly Force (4 of 4)Less-Lethal
WeaponsProfessionalism and Ethics (1 of 2)Professionalism and
Ethics (2 of 2)Education and Training (1 of 4)Education and
Training (2 of 4)Education and Training (3 of 4)Education and
Training (4 of 4)Recruitment and SelectionEthnic and Gender
Diversity in Policing (1 of 2)Ethnic and Gender Diversity in
Policing (2 of 2)Women as Effective Police OfficersCopyright

Thirteenth Edition
Chapter 9
Sentencing
Rights Reserved
Rights Reserved
Introduction
• Sentencing
– The imposition of a criminal sanction on a
person convicted of a crime
– Follows what is intended to be an impartial
judicial proceeding to ascertain criminal
responsibility
• Most sentencing decisions are made by judges
• Juries may be involved in some cases, especially
where a death sentence is possible
Rights Reserved

The Philosophy and Goals of
Criminal Sentencing
• Sentencing philosophies are intertwined with issues
of religion, morals, values, and emotions
• Modern sentencing practices are influenced by five
goals
• Each goal of sentencing represents a quasi-
independent sentencing philosophy
Rights Reserved
Table 9.1 Sentencing Goals and
Purposes
Sentencing Goal Purpose
Retribution A just deserts perspective that emphasizes taking
revenge on
a criminal perpetrator or group of offenders
Incapacitation The use of imprisonment or other means to
reduce the
likelihood that a particular offender will commit more crime
Deterrence A sentencing rationale that seeks to inhibit criminal
behavior
through punishment or the fear of punishment
• General deterrence Seeks to prevent future crimes like the

one for which the
sentence is being imposed
• Specific deterrence Seeks to prevent a particular offender
from engaging in repeat
criminality
Rehabilitation The attempt to reform a criminal offender
Restoration A goal of sentencing that seeks to make the victim
“whole
again”
Rights Reserved
Retribution
• The act of taking revenge on a criminal perpetrator
• The earliest-known rationale for punishment
• Corresponds to the model of sentencing called “just
deserts”
– Just deserts holds that criminal offenders deserve the
punishment they receive
• The primary sentencing tool of the just deserts model is
imprisonment

Rights Reserved
Incapacitation
• The use of imprisonment or other means to reduce
the likelihood that an offender will commit future
offenses
• Seeks to protect innocent members of society
• Separates offenders from the community to reduce
opportunities for further criminality
• The “lock ‘em up” approach
Rights Reserved
Deterrence (1 of 2)
• Using the example or threat of punishment to convince
people that criminal activity is not worthwhile
• Overall goal is crime prevention
• General deterrence seeks to influence the future behavior
of people who may be tempted to turn to crime by making
an example of the person sentenced
• Specific deterrence seeks to reduce the likelihood of
recidivism by convicted offenders

Rights Reserved
Deterrence (2 of 2)
• One of the more rational goals of sentencing
– Easily articulated
– Can objectively investigate the amount of
punishment needed to deter
• Deterrence is compatible with the goal of
incapacitation
• Retribution is oriented toward the past; deterrence
is a strategy for the future and aims to prevent new
crimes
Rights Reserved
Rehabilitation
• Rehabilitation involves the attempt to reform a
criminal offender
• Seeks to bring about fundamental changes in
offenders and their behavior
• Fell victim in the 1970s to the nothing-works
doctrine

Rights Reserved
Restoration
• Restoration attempts to make the victim and
community “whole” again
• Restorative justice
– Builds on restitution and community
participation in an attempt to make amends to
the victim
– Community-focused
– Primary goal is improving the quality of life for
all members of the community
Rights Reserved
Table 9.2 Differences between Retributive and Restorative
Justice
Retributive Justice Restorative Justice
Crime is an act against the state, a violation of a law, an
abstract idea.
Crime is an act against another person or the community.
The criminal justice system controls crime. Offender
accountability is defined as taking punishment.

Crime control lies primarily with the community. Offender
accountability is defined as assuming responsibility and
taking action to repair harm.
Crime is an individual act with individual responsibility. Crime
has both individual and social dimensions of
responsibility.
Victims are peripheral to the process of resolving a crime.
Victims are central to the process of resolving a crime.
The offender is defined by deficits. The offender is defined by
the capacity to make
reparation.
The emphasis is on adversarial relationships. The emphasis is
on dialogue and negotiation.
Pain is imposed to punish, deter, and prevent. Restitution is a
means of restoring both parties; the goal
is reconciliation.
The community is on the sidelines, represented abstractly
by the state.
The community is the facilitator in the restorative process.
The response is focused on the offender’s past behavior. The
response is focused on harmful consequences of the
offender’s behavior; the emphasis is on the future and on
reparation.
There is dependence on proxy professionals. There is direct
involvement by both the offender and the
victim.

Source: From Gordon Bazemore and Mark S. Umbreit, Balanced
and Restorative Justice: Program Summary (Washington, D.C.:
Office of
Juvenile Justice and Delinquency Prevention, 1994), p. 7.
Rights Reserved
Indeterminate Sentencing (1 of 2)
• Encourages rehabilitation through the use of
general and relatively unspecific sentences
• Characterized by vast judicial choice—gives judges
wide discretion in choosing among sentencing
options
Rights Reserved
Explanation of Indeterminate
Sentencing
• Relies on judges’ discretion to choose among types
of sanctions and to set upper and lower limits on
sentences
• When offender is convicted on multiple charges,
judicial discretion extends to imposition of current
or consecutive sentences
– Consecutive sentences—2+ sentences served

one after the other
– Concurrent sentences—2+ sentences served
simultaneously
Rights Reserved
Indeterminate Sentencing (2 of 2)
• The indeterminate model was created to take into
consideration differences in the degree of guilt
• The inmate’s behavior while incarcerated is the
primary determinant of the amount of time served
• A few states use a partially indeterminate
sentencing model
– Judges can only specific maximum amount of
time to be served
– Minimum not under control of sentencing
authority
Rights Reserved
Critiques of Indeterminate
Sentencing (1 of 2)
• Allows judges’ personalities and personal

philosophies to produce too wide a range of
sentencing practices
• Offenders may be sentenced on the basis of
personal and social characteristics, not culpability
• Defense may request delays to manipulate the
selection of the judge
• Tends to produce dishonesty in sentencing
Rights Reserved
Critiques of Indeterminate
Sentencing (2 of 2)
• Gain Time
– The amount of time deducted from prison time
on a given sentence as a consequence of
participation in special projects or programs
• Good Time
– The amount of time deducted from prison time
on a given sentence as a consequence of good
behavior
Rights Reserved

Structured Sentencing (1 of 2)
• Structured sentencing addresses three
fundamental sentencing principles
– Proportionality—sanction severity should be
directly related to seriousness of crime
– Equity—similar crimes should be punished
similarly
– Social debt—offender’s criminal history should
be considered in sentencing
Rights Reserved
Structured Sentencing (2 of 2)
• In the 1970s, states began to address these
concerns by developing a structured sentencing
model
• Structured sentencing includes
– Determinate sentencing
– Presumptive sentencing
– Voluntary/advisory sentencing guidelines
Rights Reserved
Determinate Sentencing

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