©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Corrections: An Introduction, 2/e Seiter Unit 2 Legal Issues for Law Enforcement.

©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Corrections: An Introduction, 2/eSeiter

Unit 2Unit 2

Legal Issues for Law Enforcement and the Courts

Chapter 2Chapter 2

Sentencing and the Correctional Process





IntroductionIntroduction Sentencing–imposition of a criminal

sanction by a judicial authority Felony–offense punishable by a year or

more of incarceration Misdemeanor–crime punishable by less

than a year



Pre-Trial Pre-Trial Correctional ActivitiesCorrectional Activities

Diversion from the criminal justice system Pre-trial diversion–suspension of

criminal process while offender is provided a chance to participate in treatment programs

Occurs without a finding of guilty Usually used for minor offenders or those

with no prior record



Diversion from the Diversion from the Criminal Justice SystemCriminal Justice System

Also called "deferred prosecution" Offenders must follow release conditions Advantages of diversion programs

Reduce demands on courts Less costly than criminal justice processing Offenders avoid stigma of criminal

conviction



Pretrial DiversionPretrial Diversion

The suspension of criminal process while the offender is provided the chance to participate in treatment programs and void further criminal activity

Also referred to as deferred prosecution or probation without adjudication



Three advantages: They reduce the demands on the court and

prosecutors to process the case as a criminal activity

They cost considerably less than criminal justice processing

Offenders avoid the stigma associated with a criminal conviction

Pre-trial DiversionPre-trial Diversion



Offenders are detained if considered a flight risk in order to assure appearance in court

Detained if considered dangerous Preventive detention–detaining the

accused in jail to protect the community from crimes offender is likely to commit if released

Pre-trial Detention in JailPre-trial Detention in Jail



1984 Comprehensive Crime Control Act officially authorized preventative detention

Criticized for violating due process rights Strong correlation between being denied

bail and conviction

Preventive DetentionPreventive Detention



At first appearance bail is considered. bail–the pledge of money or property in

exchange for promise to return to further court proceedings.

History of bail traced to medieval England when jails could not hold offenders for long periods of time.

Release from Pre-trial Release from Pre-trial Detention on BailDetention on Bail



Third parties would offer themselves or money as surety (a person legally liable for conduct of another)

Criticisms of bail Discriminates against the poor “Freedom has to be bought” Financial resources not related to risk

Release fromRelease fromPre-trial Detention on BailPre-trial Detention on Bail



Summons–used mainly with misdemeanors Bond options for felonies

Personal recognizance Unsecured bond Percentage bond Surety bond Collateral Third-party custody

Alternatives to BailAlternatives to Bail



Release on recognizance (ROR)–most frequent release mechanism

Manhattan Bail Project–assist judges in identifying people who were good candidates for ROR

Supervised pre-trial release programs (SPTR) Gave chance for release for those that were poor

candidates for other release mechanisms Response to concern for the public

Pretrial Service ProgramsPretrial Service Programs



The Role of Plea Bargaining The Role of Plea Bargaining and Sentencingand Sentencing

Plea bargaining–agreement of the defendant to enter a plea of guilty in exchange for a reduced sentence Function of the prosecution and court

system, but has implications for corrections and sentencing process



Pre-Sentencing Pre-Sentencing Correctional ActivitiesCorrectional Activities

Pre-sentence investigation–report detailing background of offender used in decisionmaking process of sentencing Prepared by probation officer Usually completed only on felony

offenders



Purposes of the PSIPurposes of the PSI

Used in sentencing court Determining supervision needs of offender Used by prison officials in classification

and program needs Used by parole board in making release

decisions Research purposes



Pre-sentence InvestigationPre-sentence Investigation

Collecting Information for the PSI Interview the offender Information verified by probation officer Interview others such as parents and

spouses Search official records (police reports,

military records, witness statements)



Contents of PSIContents of PSI Personal data Court information Release status Offense information Victim impact

Criminal history Offender

characteristics Financial information Sentencing options Recommendations



The Sentencing DecisionThe Sentencing Decision

Penal code–a statute passed by legislature listing range of sanctions allowable for each crime

Sentencing options

Economic sanctions

Intermediate sanctions

Probation Short-term confinement

Imprisonment Capital punishment



Concurrent sentences–assigned to run at the same time

Consecutive sentences–run one after another

Sentencing OptionsSentencing Options



Indeterminate sentencing–judges set a minimum and maximum time, with release authority or parole board deciding when offender is released

Sentencing ModelsSentencing Models



Determinate sentencing–sentences of fixed terms Good time–concept used in early reform

of determinate sentences; time off for good behavior

Truth in sentencing–must complete 85% of the sentence before eligible for release

Sentencing ModelsSentencing Models



Judicial form of sentencing–judges granted considerable discretion in sentencing decisions

Administrative form of sentencing–grants considerable discretion to officials of the executive branch of government

Legislative form of sentencing–grants most of discretion to legislative branch of government

Judicial Discretion in SentencingJudicial Discretion in Sentencing



Mandatory minimum sentences–for certain crimes there must be a sentence to prison for a set minimum term

Three-strikes laws–third-time felons are sentenced to long periods of incarceration

Presumptive sentencing–predetermined range of a minimum, average, and maximum term for a specific crime

Judicial Discretion in SentencingJudicial Discretion in Sentencing



Sentencing GuidelinesSentencing Guidelines

Sentencing guidelines–A system of structured sentences, based on measures of offense severity and criminal history, that is used to determine the length of the term of imprisonment

Combine both minimum mandatory and presumptive sentencing approaches



Drug Courts:Drug Courts:A Creative Sentencing OptionA Creative Sentencing Option

Philosophy is not to punish but to change behavior

Offenders usually diverted from traditional criminal processing

Preliminary evaluations show some success in reducing drug use



Chapter 3Chapter 3

Jails





IntroductionIntroduction

Jails only hold about 1/10 of all offenders under correctional supervision, but admit four times as many each year

Jails are the oldest correctional component

Diverse and difficult mission and role



The History of JailsThe History of Jails

First jails created in England

The first gaol (jail) built in 1166

Originally used only for those awaiting trial

Early jails had deplorable conditions

John Howard–jail reformer; sheriff of Bedfordshire in 1773



Penitentiary Act of 1779

Secure and sanitary structures

Systematic inspections

No fees charged to inmates

Inmates confined in solitary cells but worked in common rooms during the day

The History of JailsThe History of Jails



Current Jail OperationsCurrent Jail Operations

Role and function of jails

Holds: Offenders awaiting trial Probation/parole violators Mentally ill persons Juveniles to be transferred Inmates sentenced to short-term incarceration



County government almost always operates jails

Responsibility of the sheriff in rural counties

Regional jails are several small counties joined together to fund jail

The Organization of JailsThe Organization of Jails



In 2004, 713,990 inmates held in local jails Incarceration rate–more than doubled

between 1983 and 1999 Different by race and ethnicity

Jail inmates have numerous problems

Jail PopulationsJail Populations



“Tough on crime” stance

Increase in number of arrests

Extensive overcrowding in state and federal prisons

Increasing use of split sentences

The Increasing Use of JailsThe Increasing Use of Jails



Between 9 and 11 million admissions per year

Average length of stay from 15 to 20 days The average stay is from 75 to 90 days for

those who do not make bond Sentenced offenders can serve up to 1 year

Admissions and Length of StayAdmissions and Length of Stay



Major function is admissions and releases, and booking

Classification process Assigned to more permanent housing unit Meals Visitation Limited programs for inmates

The Jail Process The Jail Process and Daily Operationsand Daily Operations



The Jail Process The Jail Process and Daily Operationsand Daily Operations

Inmates have little to do Visits with family or friends are usually

non-contact Inmates can have contact visits with their

attorneys Work opportunities: cleaning, assisting in

food preparation or service



Objective classification systems–identify offenders’ criminal history and personal traits to assess risk and needs for housing assignment

Problems Little information is available Short stay complicates the process Neglect

Jail ClassificationJail Classification



Classification is important because it provides a guide to: Separate violent inmates from potential

inmate victims Identify and manage inmates with

special needs differently Identify inmates with high risks to

escape

Jail ClassificationJail Classification



Correctional officers comprise the largest number of staff

Clerical and maintenance Administrative Professional and technical

Jail StaffingJail Staffing



Design and Supervision in JailsDesign and Supervision in Jails

Contemporary jails are different from the earliest jails in the U.S.

Urban leaders do not want a jail to "look like a jail" and ruin the local aesthetics



First-generation jails–linear design used for housing inmates Limited communication and room for

programs Podular designs–introduced in the 1970s;

common areas in the center of a unit Reduce idleness and tension

Creating a Secure Setting Creating a Secure Setting Inside the JailInside the Jail



Second-generation jails–jails that use podular housing designs and remote supervision; officers are located in a secure control room overlooking the cells and dayroom, with electronic controls to open and close individual cell doors

Limited contact with inmates




Third-generation jails–jail designs without remote control centers, in which correctional officers are located in the housing unit in direct contact with inmates





Direct-supervision approach–a style of inmate supervision with staff located in direct contact with inmates, requiring staff to continuously supervise and communicate with inmates

Safer for staff and inmates



Issues in JailsIssues in Jails

Jails face many significant challenges

Jails have become increasingly overcrowded

Detained offenders may suffer from mental illness or drug or alcohol addictions or be suicidal



Construction increased to meet demand

“Contract out”–private facility contracts with the government to house inmates

Corrections Corporation of America was the first private correctional facility

Responding to Jail OvercrowdingResponding to Jail Overcrowding



Inmates sue over lack of privacy, privileges, food, brutality, access to their attorneys, or general conditions of overcrowding

Bell v. Wolfish (1979)–court established the “punitive intent standard”

Legal Issues for JailsLegal Issues for Jails



Closures of state mental hospitals led to increased number of mentally ill in jails

Through initial screening, mentally ill are identified in the jails

Most jails provide psychotropic medications

Dealing with Mentally Ill OffendersDealing with Mentally Ill Offenders



Prevention programs include risk assessment at admission, special staff training, counseling for inmates, and monitoring

Suicide is primary cause of death for jail inmates

Preventing SuicidesPreventing Suicides



Preventing SuicidesPreventing Suicides

Suicide watch–management of suicidal inmates who are placed in a specially designed cell and have constant supervision

Some suicide watch cells have constant supervision by either a camera or staff

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Corrections: An Introduction, 2/e Seiter Unit 2 Legal Issues for Law Enforcement.

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