Transcript Document

Chapter 11
Prison Life, Inmate Rights,
Release, and Recidivism
Inmate Society
In his classic book, Asylums, Erving Goffman
described prisons as total institutions.
Although prisons are certainly influenced by
the outside world, they are also separated and
closed off from that world.
total institutions
An institutional setting in which persons sharing
some characteristics are cut off from the wider
society and expected to live according to institutional
rules and procedures.
Inmate Society
Central to the inmate society of traditional
men’s prisons is the convict code.
convict code
A constellation of values, norms, and roles that
regulate the way inmates interact with one another
and with prison staff.
Inmate Society
Principles of the convict code include:
• Inmates should mind their own affairs.
• Inmates should not inform the staff about the illicit
activities of other prisoners.
• Inmates should be indifferent to staff.
• Conning and manipulation skills are valued.
prisonization
The process by which an inmate becomes socialized
into the customs and principles of the inmate society.
Violence and Victimization
It is generally agreed that there is more
physical violence by inmates in today’s men’s
prisons than there was in earlier periods.
Violence and Victimization
Commonly cited reasons for high rates of
prison violence include:
• Improper management and classification practices
by staff
• High levels of crowding and competition over
resources
• The young age of most inmates in many prisons
• Increases in racial tensions and prison gang
activity
Violence and Victimization
Common motives for physical violence in
prison are:
• To demonstrate power and dominance over others
• To retaliate against a perceived wrong, such as the
failure of another inmate to pay a gambling debt
• To prevent the perpetrator from being victimized
(for example, raped) in the future
Inmate Coping and Adjustment
Life in prison is different from living in the
free community. Prison life includes:
• Pronounced deprivation of personal
freedom and material goods
• Loss of privacy
• Competition for scarce resources
• Greater insecurity, stress, unpredictability
Inmate Coping and Adjustment
Prison life also encourages qualities counter to
those required for functioning effectively in
the free community, by:
• Discouraging personal responsibility and
independence
• Creating excessive dependency on authority
• Diminishing personal control over life
events
Life in Women’s Prisons
Life in women’s prisons is similar to life in
men’s prisons in some respects, but there are
also important differences.
• Women’s prisons are usually not
characterized by the levels of violence,
interpersonal conflict, and interracial
tension found in men’s institutions.
• Women’s prisons are often less oppressive.
Life in Women’s Prisons
A distinguishing feature of the inmate society
in many women’s prisons in the presence of
make-believe families, known as
pseudofamilies.
• Women adopt male and female family roles.
• Kinship ties cut across racial lines.
Inmate Rights and Prison Reform
Until the middle of the 20th century, the
courts followed a hands-off philosophy
toward prison matters.
As a consequence, prisoners essentially had
no civil rights. With the growth of the civil
rights movement in the 1960s, this changed.
Procedural Due Process in Prison
Inmates can face disciplinary action for
breaking prison rules. The U.S. Supreme
Court has held that they are entitled to due
process, including:
• A disciplinary hearing by an impartial body
• 24 hours written notice of the charges
continued…
Procedural Due Process in Prison
• A written statement of the evidence relied on and
the reasons for the disciplinary action
• An opportunity to call witnesses and present
documentary evidence, provided this does not
jeopardize institutional security
First Amendment - Free Speech
The Supreme Court ruled that censorship
(such as of a prisoner’s outgoing mail) is legal
only if it furthers one or more of the following
substantial government interests:
• Security
• Order
• Rehabilitation
Religious Freedom
Inmates are free to practice either
conventional or unconventional religions in
prison, and prison officials are obligated to
provide accommodations.
• Restrictions may be imposed where prison
officials can demonstrate convincingly that
religious practices compromise security or
are unreasonably expensive.
Eighth Amendment Rights
The Eighth Amendment outlaws the
imposition of cruel and unusual punishment.
The courts have considered a number of
issues under the umbrella of cruel and unusual
punishment.
Medical Care
In 1976, the Supreme Court decided Estelle v.
Gamble and ruled that inmates have a right to
adequate medical care.
However, inmates claiming Eighth
Amendment violations on medical grounds
must demonstrate that prison officials have
shown deliberate indifference to serious
medical problems.
Total Prison Conditions
Totality-of-conditions cases involve claims
that some combination of prison practices and
conditions makes the prison, as a whole,
unconstitutional.
• In the case of Ruiz v. Estelle, the entire Texas
prison system was declared unconstitutional on
grounds of totality of conditions and was ordered
to implement a variety of changes.
Release and Recidivism
Inmates may be released from prison in a
number of ways, including:
• Expiration of the maximum sentence
• Commutation
• Release at the discretion of a parole
authority
• Mandatory release
commutation
Reduction of the original sentence given by executive
authority, usually a state’s governor.
Release and Recidivism
When inmates are released from correctional
institutions, the hope is that they will not
experience recidivism.
recidivism
The return to illegal activity after release.
Release and Recidivism
In one study, about 40% of released prisoners
had been arrested again or had had their
parole revoked.
Other studies have found recidivism rates as
high as 75%.
Release and Recidivism
Lynne Goodstein demonstrated that the
inmates who adjusted most successfully to
prison had the most difficulty adjusting to life
in the free community upon release.