chain of command in prison staff
closed system: operate with only input from within prison organization
open system: frequent contact between internal prison organization and other groups for input on policy
prison chain of command
warden
associate warden for security
chief of security
security supervisor
correctional officer
warden
-develop mission statement of organization
- coordinate the budget process
- management of daily activities
- management of labor relations
transactional leaders
able to provide answers and give direction for any issue the agency is confronted with
transformational leaders
emphasize the set of values and principles to be used as guidelines in responding to issues
organizational culture
values, beliefs and behaviors that form the way of life within the organization
(includes: being professional
striving to meet high standards
being ethical
positive interaction w/ inmates)
uniformed staff
- often assigned the rank of major
- work in the security or custody department and are responsible for the implementation of security policies and procedures
professional staff
staff members that work in a specialty area that requires distinctive training and education and may also require a professional certification to deliver a program
management culture
- way leadership deals with and communicates with staff
- falls into a continuum between autocratic and empowered
autocratic
staff must follow policy or check with supervisors before making decisions
empowered
staff make decisions with full knowledge and consistent with prison principles and values
structured conflict
- ex: stanford prison experiment (bringing out negative behaviors in people who occupy certain roles)
- "keepers": officers
-"kept": inmates
hiring requirements
-high school diploma
- GED (AA/BA or experience)
- more pay with BA, some states require for promotion
officer subculture
- always help officer in distress
- never make another officer look bad in front of inmates
- support officer in dispute/sanction
- show concern for fellow officers
-don't bring in drugs
- don't be "white hat" (sympathetic)
typology of power
legitimate legal authority: uniform
coercive power: disciplinary actions
reward power: give things to gain compliance
expert power: skill, ability, expertise, knowledge
referent power: ability to be fair/respectful
stress
medical: heart disease, depression, drug abuse
personnel effectiveness and turnover (burnout)
supervisor support: strong predictor of job satisfaction
legal issues (gender)
-female officers endure more sexual exploitation/assault by male guards
- '80's: stopped gender-specific caseloads for probation and parole (opportunity)
3 roles of female officers
institutional: rule oriented/professional
modified: fear, avoid contact, rely on backup
inventive: inmates support, little fear, direct contacts
inmate accountability
- inmates are assigned to work and programs on a daily basis
- system of inmate movement that reduces the likelihood that inmates can go to other than their assigned location
- staff members provide both casual and direct inmate supervision when inmates a
controlled movements
- highly controlled
- timed
- passes for movement
types of counts in prison
regular
census
random
regular counts
scheduled counting of inmates in their housing units
census counts
less formal count conducted at program and work assignments by the staff responsible for supervising inmates
random counts
counts done at any time, freezing inmates at whatever location they are in when they random count is called
contraband
end up in possession of inmates in these ways:
- mail and packages
- inmate's visitors
- staff brings it in
- unauthorized access to tools or kitchen objects
special housing unit (SHU)
temporary housing assignment for inmates who present a danger to the security of the prison , need protection from other inmates, or are being punished for violating prison rules
adminsitrative detention
non-punitive confinement in SHU used to house inmates whose continued presence in the general pop may pose a serious threat to the security or orderly running of the prison (ex: usually placed in AD if they are charged w/ violating serious prison rule, fi
disciplinary segregation
punitive assignment in SHU after a finding of guilt for a serious prison rule violation; disciplinary segregation is for a set amount of time established by the authorized hearing official
environmental factors
factors that create tension and an underlying unrest among inmates; they can include hot weather, reduction in budgets for recreation equipment, prison crowding, poor food service/medical care, a perceived pattern of unfairness in the management of the pr
precipitating event
the "spark in the haystack" that sets off an inmate riot; usually must be preceded by the right environmental factors before a precipitant event creates the beginning of a prison riot
hostage negotiation team
team of 8 to 10 prison employees, with excellent communication skills and ability to perform under stress, with the principle role to open lines of communications between staff and hostage takers
disturbance control team
an emergency team with the primary mission of controlling inmates during riot situations by using defensive tactics and equipment to move, isolate, and get them to give up and stop the disturbance
special emergency response team (SERT)
team trained in the use of lethal force when all else fails to resolve situation (trained in use of weapons, explosives, entry procedures and snipers)construct
costs of solitary
- construction: cells and security cost 2-3x more than regular
- usually escorted by 2+ officers
- limited work
- frequent searches
- ADX Florence: $60 million, $122k/bed
$216/day in 2013
- Pelican Bay: $77740/ yr, $175 million/yr for state
myths about solitary
only for most violent
last resort, only option for vulnerable
effects of solitary
hallucinations
anxiety/depression
rage/anger
nightmares
fear of persecution
weight loss
headaches
impaired brain function
riot prevention
- managerial visibility/ approachability
- security audits
- enforcing all rules and regulations
- effective communication
- programs & services
- sanitation, safety, security, searches
- sensitivity to changes in atmosphere
- risk-assessment
mandatory prison education
1983: federal bureau of prisons (BOP) made literacy programs mandatory for inmates functioning at a level less than a 6th grade education
1990: crime control act made it mandatory for all capable inmates to attend programs that would lead to a GED
vocational training
- specific training in a trade area such carpentry, electronics, welding, office equipment and word processing, food services, etc.
- declined recidivism, parole revocations and better disciplinary records
pell grants
1970: funds for college education for inmates
1994: no pell grants for some states due to public complaints of free education
continuum of care
provision of mental health programs based on the intensity of needs for each inmate, including as inmates prepare for release to the community
convict lease system
- state prisons accepted bids and leased out prisoners to the private sector, which would work the inmates in their industrial operations
- 1873: 25% of black leasees died
mental health programs
-24 hour mental health care
- therapy/ counseling
- psychotropic medications
substance abuse programs
- detoxification
- professional counseling
- residential treatement
- maintenance drugs
- AA/NA/CA/ self-help groups
- drug/alcohol awareness or education
costs of AR programming
- bus barn: $2.6 million
- clothing: $1.8 million
- janitorial: $1.1 million
- eco products: $790k
- furniture: $780k
- duplicating: $500k
- beverages: $170k
- PIE program: $130k
- vinyl: $94k
prison work programs
- walnut st. jail: worked to benefit themselves and provide goods for state
- 1800's: prisons leased out prisoners to the private sector (convict lease)
- early 20th c.: prisoners produced items sold to government agencies (state-use system)
prison industries
- work experience leads to valuable training
- inmate earnings support families and pay fines and restitution
- earnings offset costs
- help alleviate inmate boredom, leads to better behavior
effectiveness of programming
14% reduction in recidivism bc of vocational education
8% reduction in recidivism bc of cognitive-behavioral treatment
7% reduction in recidivism bc of in-prison drug treatment with aftercare services
5% reduction in recidivism bc of academic education
slave-of-the-state doctrine
as decided in the 1871 decision of Ruffin v. Commonwealth of Virginia , that held inmates were slaves of the state and had no rights that were not granted them by the state
section 1983
section of the civil rights act that prohibits any person acting under the color of any statute, ordinance, or regulation (color of law) from depriving another person of his or her constitutional rights (inmates use it to provide proper medical care, or n
balancing test
established in pell v. procunier, finding that prison inmates retain those 1st amendment rights that are not inconsistent with their status as prisoner or with legitimate penological objectives (use of mail, access to outside publications, and access to t
hands-off doctrine
supreme court did not accept lawsuits regarding violation of inmates' constitutional rights
rights period
lawyers willing to represent inmates
incorporation of bill of rights
constiutional violation by officials could be brought under 1983
totality-of-conditions test
a test created in pugh v. locke (1976) that examines the aggregate of circumstances in a prison to determine whether cruel and unusual conditions exist
deliberate indifference
wilson v. seiter (1991): the standard that conditions at prison are not unconstitutional unless prison are not unconstitutional unless prison administrators show deliberate indifference toward inmates' basic needs
religious freedom
cruz v. beto (1972): should be given "reasonable opportunity" to practice
theriault v. silber (1977): steak and wine for religion
church of new song (CONS), no protection
kahane v. carlson (1975): must provide Kosher food
o'lone v. estate of sahibs (1987)
1st amendment issues
procunier v. martinez (1974): can read inmate mail, not censor
turner v. safley (1987): ok to ban from writing other inmates
sostre v. otis (1971): ban books if inflammatory/dangerous
4th amendment issues
hudson v. palmer (1984): no expectation of privacy
tribble v. gardner (1988): body cavity searches must have basis
johnson v. phelan (1995): searches by opposite gender okay
8th amendment issues
holt v. sarver (1970): federal district court looked at conditions throughout the AR prison system and created a standard of cruel and unusual punishment
bell v. wolfish (1979): court reviewed conditions and practices at a federal jail for short-term offe
legal assistance
johnson v. avery (1969): "jailhouse lawyers", unless other assistance
bounds v. smith (1977): law library or trained assistance
lewis v. casey (1996): must show hindered case
bifurcated trial
used in capital cases, with guilt first established at a traditional trial, and if found guilty, a second stage of sentencing considers between death or life imprisonment
lethal injection issues
- used to be 3 drug cocktail: no sodium thiopental available now
- now takes longer: 25 v. 10 minutes
- doctors only pronounce death
- prison staff conduct execution
potential for error in death penalty
general reasons: expansion in the authorization of the death penalty and the fact that it has become a political issue
investigative reasons: pressure on the police to solve murders and on prosecutors to win trials, along with lack of resources by defense
global use of death penalty
-2/3 of world has abolished in law/practice
- EU requires abolition for membership
- human rights, political, criminal, moral and personal issue
abolitionist
countries whose laws do not provide for the death penalty for any crime
retentionist
countries which retain the death penalty for ordinary crimes
furman v. GA
1972: supreme court stated that unless a uniform policy of determining who is eligible for capital punishment exists, the death penalty will be regarded as "cruel and unusual punishment
gregg v. GA
the death penalty can be imposed only for specific, serious crimes, and several cases have dealt with the issue of what is an acceptable crime for which to impose death as a sanction
system failures in exonerations
- innocence/chance
- extralegal factors
- quality of legal representation
exonerations
- since 1973, 158 people have been exonerated and released
- increase in DNA technology
cost of death penalty
- super due process (additional protections)
- pretrial stage: lengthy, costly investiations
- trial stage: 10x more than other felonies
- post trial: automatically appeal
methods of death penalty
- lethal injection
-electrocution
- gas chamber
- firing squad
- hanging
when was the gas chamber created?
1924 in nevada
first case of electrocution was in ___________
new york in 1888
direct appeals process
- trial court
- state appellate court
- US supreme court (discretionary)
post conviction appeals process
- same as direct appeals
- US district court (habeas corpus)
- US court of appeals
- US supreme court (discretionary)
a high school diploma is required to be a correctional officer (T/F)
true
what is the biggest predictor of correctional officer job satisfaction?
supervisor support
are female officers subject to more sexual exploitation and assault from male inmates or officers?
officers
25 years ago, female officers were not allowed to work in men's prisons (T/F)
true
prisons and jails have different missions, but there is little difference in the role that correctional officers play in the two types of facilities (T/F)
true
uniformed staff and professional staff in the prison have interchangeable roles and responsibilities (T/F)
false
which of the following assignments include patrol and supervision of inmate movement in a prison?
yard
which is considered a benefit of having women as correctional officers?
female supervisory styles have a calming influence on the prison
when in the staff-inmate culture continuum do staff demand compliance from inmates through threats and intimidation?
authoritarian
which of the following is done at any time, freezing inmates at whatever location they are in?
random count
few prisons have extensive postsecondary education programs, even though several thousand inmates earned college degrees in the past (T/F)
true
________ ended in the early 20th century, when states began to operate their own industries to keep inmates busy and make a profit from produced goods?
lease system
what is the primary alternative provided by prison administrations that want to restrict weight lifting?
dip bars
the number of inmates filing suits against correctional agencies or prison staff has dropped in the last decade (T/F)
true
correcional agencies generally use same-sex staff to conduct searches, unless in an emergency (T/F)
true
investigations of inmate riots and disturbances have discovered that most are not planned or precisely initiated by inmate leaders (T/F)
true
a special emergency response team is trained in the use of lethal force when all else fails to resolve an emergency situation (T/F)
true
does the 4th amendment extend to a cell?
no
could the death penalty be given for a theft offenses in early england?
yes
how long do inmates spend on death row on average?
14 years
when was the death penalty deemed unconstitutional for those under 18 at the time of the crime?
2005
2016 Arkansas GED info
323/2200 GED recipients
avg. days of instruction: 138