Monday, December 31, 2007
Jails and Prisons - Privatization
Privatization refers to the transfer of traditional responsibilities from the public sector to the private sector. Privatization is not an original evil, "historically, all prisons were private endeavors which gradually came under the control of government", but the current trend towards privatization is motivated by slightly different goals than it was historically. Privatization today is both a new capitalistic opportunity for the wealthy and a solution to overcrowding in jails and prisons. Three trends in the criminal justice arena converged in the 1980's to create the prison industrial complex: The ideological imperatives of the free market; the huge increase in the number of prisoners: and the concomitant increase in imprisonment costs. In some cases, government will consider privatization in an effort to reduce the overall cost of corrections, but since the genesis of the private prison in this current criminal justice era, research has been conducted that fails to support the idea that private prisons will save money.
Privately operated prison facilities held 86,626 inmates and the largest drop was among inmates was in the state of Texas. Proponents of privatization argue that accountability will be increased by privatization, whereas opponents argue that the result will be that private contracting agencies will actually be insulated from public scrutiny. Opponents argue that private prisons might selfishly reduce costs at the expense of the inmate's rehabilitation and living conditions. Both have good arguments, but there needs to be more research done on the quality of care within private prisons.
Prisons all across America are "Cashing in on tight labor markets and public disenchantment with rehabilitation programs". Wall Street is cashing in on crime by urging investors to invest in the major corporations involved in the private prison business such as Corrections Corporation of America and Wackenhut Corrections. For-profit businesses are also making money off of labor within prison walls. In many prisons, prisoners are leased out to companies for minimum wage work and some state laws are being passed to encourage and even require prisons to become involved in profit making enterprises. In Eastern Oregon Correctional Institution, a law called Measure 17, passed in 1994, requires that work programs within prisons be run "to achieve a net profit". This is good for the companies that participate in programs like these across America, because it can cut a corporation's payroll costs by 35 percent.
The privatization of the prison industry concerns many who are worried about crime generating profits for big businesses. Their doubts are not entirely unrealistic, but the prison-industrial complex is not the real concern. To assume that companies could, or would desire more prisoners behind bars because it means more profits for them is paranoid. As an article in the Atlantic Monthly by Eric Schlosser titled "The Prison-Industrial Complex" points out: The prison-industrial complex is not a conspiracy.It is a confluence of interests that has given prison construction in the United States a seemingly unstoppable momentum. It is composed of politicians, who have used the fear of crime to gain votes; impoverished rural areas where prisons have become a cornerstone of economic development; and private companies that regard the roughly $35,000,000,000.00 billion spent each year on corrections not as a burden on American taxpayers but as a lucrative market.
One outspoken critic of the private prison industry Phil Smith has said that, "By reducing the number of repeat offenders, they are in effect reducing the supply of profit producing 'customers'". This is one of the often voiced concerns regarding prisons for profit, but along the same type of reasoning, a person could also say that it is more profitable for doctors and pharmaceutical companies to keep people sick in order to retain customers and generate profit. Or perhaps, it would be better to use drug and alcohol treatment facilities as a comparison to the private prison industry. Having worked in the treatment business for quite some time I have heard it said that it would be better for business if recidivism rates remain high, therefore private treatment facilities must want people to remain sick. My common response to people who make this type of comment is that there will never be a lack of drug addicts and alcoholics to treat in America, and although my job depends on people's addictions, my intention to help them get better is driven by basic human compassion and not profit. The same can be said for the prison industry; crime will always happen and there will never be a lack of criminals to incarcerate, or even better, to rehabilitate.
Labels: incarceration, prison
Friday, December 28, 2007
Jails and Prisons - Solutions to Overcrowding
Governors and mayors openly state that they cannot afford to build another jail or prison. These people suggest that the public sector should turn to other types of sentences such as probation and parole instead of incarceration. The problem that often concerns many when these alternatives are discussed is that criminals will not be getting the punishment they deserve, but the criminal justice system might not have any other choice.
Labels: incarceration
Thursday, December 27, 2007
Jails and Prisons - The Mentally Ill and Overcrowding
Because of the system's inability to handle the amount of prisoners it is forced to handle, many mentally ill people are siphoned in to jails or prisons instead of mental hospitals where they belong. Incarcerating the mentally ill is not a new phenomenon, it has been happening since the beginning of incapacitation, but with the resources and knowledge we now have at our disposal there is little excuse for our imprisonment of the psychologically handicapped. The lack of treatment for mentally ill inmates is tragic because mental disorders are highly treatable with a 60-80% success rate. It is possible that many of the mentally ill in prisons and jails could be treated, or stabilized, with current medications, but for that to happen, people, politicians, and judges would have to have a radical change of policy, ideology, and heart.
Labels: incarceration, mental-illness
Wednesday, December 26, 2007
Jails and Prisons - Problems Associated with Overcrowding
A website called Free Chantal details life in a federal prison from the female perspective. Here are some of her descriptions of incarceration.
During court appearances Chantal is housed in county jails around Orlando. County jails are purposely horrible, to discourage homeless people from thinking three meals and a bed in jail is preferable to life on the streets. Chantal lives in a pod, which is a two-story structure with a dozen cells and a small common area with plastic tables and chairs for meals. In all facilities, there is constant noise-florescent lights always on, continual counting of prisoners, and rules, rules, rules.
Before and after visitations Chantal is stripped searched. She pays a premium on phone calls and when she calls collect she is charged exorbitant rates. All books must come from the publisher or Amazon.com and Newspapers are not allowed. All non-legal mail is read by the prison before given to Chantal. Chantal is subject to being transferred from prison to jail, from jail to prison, without notice. When she is transferred she is often left for hours in holding cells.
Chantal's experience can be tame when compared to other more gruesome accounts of what life in prison is like. It is not relative to this discussion to recount other more horrific experiences some prisoners have had behind bars. The general theme is that life in prison is not easy. There are some who cry out that prisons are too lenient and life inside prison is too comfortable, but America's imprisonment binge has made life in prison intolerable, inhumane, and abusive. What is worse is that people who should not be in prison because they are mentally ill or have drug addictions are encapsulated within the prison and jail system, deteriorating for lack of medical treatment.
Labels: incarceration
Monday, December 24, 2007
Jails and Prisons - The Law Suit
Here are just a few.
In California, Penal Code Section 919(b) requires a Civil Grand Jury to "inquire into the condition and management of the public prisons within the county" This law allowed the Monterey County Civil Grand Jury to investigate conditions at Salinas Valley State Prison in 1999. According to an article from the Superior Court of California, County of Monterey, after interviewing inmates, the Grand Jury found that the prison was placing minimum security inmates with maximum security inmates in the gymnasium at SVSP. The placing of Level I inmates with Level IV inmates in an open space like a gymnasium was of great concern to the Grand Jury. "Overcrowding and housing Level I and Level IV inmates together creates a dangerous situation for both inmates and staff". On that day, Salinas Valley Prison has 4,200 inmates with a designed capacity of 2,224.
In New York, U.S. District Judge Myron Thompson set a deadline for the Tutwiler prison for women to develop and submit a plan that details the actions the prison will take to ease overcrowding and the "unconstitutionally unsafe" conditions that exist there. The inmates at Tutwiler prison sued over the deplorable conditions at the jail. The prison has a designed capacity of 364 inmates, but it holds over 1000 inmates. Due to the high possibility of violence as a result of the overcrowding at the prison, another judge, Montgomery Circuit Judge William Shashy, has ordered the state to transfer state inmates from crowded county jails to state prisons within 30 days of their sentencing, has fined the state, and held it in contempt of court for not meeting earlier deadlines to move the prisoners.
In Texas, the prison system has been under attack for its poor conditions for quite some time. In Ruiz v. Estelle, Judge William Wayne Justice ruled that Texas prison conditions were so dismal as to violate the Eighth Amendment of the United States Constitution, the prohibition of cruel and unusual punishment. Judge Justice ended up placing the Texas prison system under court supervision. During the time of the Ruiz lawsuit, "inmates were packed into cells and dormitories, with some even being housed in tents. Physical and sexual brutality between inmates and beatings at the hands of guards were commonplace and medical and psychiatric care were negligible". "Researchers have found that residing in dormitories rather than single or double occupancy cells was associated with increased stress and dissatisfaction with the living environment", which in turn can lead to greater incidences of violence. Even Twenty some odd years later, after Texas has built many new prisons, these serious problems still remain.
Labels: incarceration
Friday, December 21, 2007
Jails and Prisons - Criminal Justice Policy
Michel Foucault said, "There remains, therefore, a trace of 'torture' in the modern mechanisms of criminal justice - a trace that has not been entirely overcome" Some of the more politically minded have developed policies that satisfy the nation's thirst for vengeance. Some of these reforms include "restrictions or abolition of parole, mandatory minimum sentences, determinate sentences, sentencing enhancements (e.g., for weapons or for use of violence), and longer sentences". "A growing number of judges are speaking out against the system of sentencing guidelines and mandatory minimum sentences", but the problem continues to exist despite the outcry of some in the criminal justice system because of political agendas and the publics merciless attitude.
James Austin and John Irwin, in their book It's About Time-America's Imprisonment Binge, outline some basic trends in the current political agenda that act as "conceptual building blocks" for criminal justice policy.
They are as follows:
The War on Poverty, which sought to fight crime through education, job training, and rehabilitation in the 1960's and 1970's, was a total failure.
Dangerous criminals repeatedly go free because of liberal judges or decisions made by the liberal Supreme Court that help the criminal but not the victim.
Swift and certain punishment in the form of more and longer prison terms will reduce crime by incapacitating the hardened criminals and making potential law breakers think twice before they commit crimes.
Most inmates are dangerous and cannot be safely placed in the community.
It will be far cheaper to society in the long run to increase the use of imprisonment.
Greater use of imprisonment since the 1980's is the most effective way for reducing crime.
All of these statements are based on poor information and a general lack of knowledge about who commits crime, why they commit crime, and who is affected by the crime they commit. Imprisonment has proven to be a slothful solution to a complex problem. A study on the impact of density on jail violence done by Christine Tartaro found that the increase in mandatory sentences has resulted in more inmates waiting in jail until their trial. Longer and harsher sentences for non-violent offenders have flooded our criminal justice system, crime continues to increase, and the cost of imprisonment is skyrocketing. Because of these facts, the courts have had to intervene in some of the more severe cases.
Labels: incarceration
Wednesday, December 19, 2007
Jails and Prisons - The System Today
We know that prison produces more criminals than it cures. We know that more than 70 percent of the inmates in the nation's prisons and jails are not there for the first time. We know that prison inmates are denied autonomy and privacy and subjected to indignities, mortifications, and acts of violence as regular features of their confinement-all of which is heightened by overcrowding.
"On June 30, 2002, 1,426,118 prisoners were under Federal and State jurisdiction, which includes inmates in custody and persons under the legal authority of a prison system but held outside its facilities. During the 12-month period ending June 3o, 2002, the number under State jurisdiction rose by 0.9%, while the number under Federal jurisdiction rose by 5.8%". For the first time ever, the entire number of people incarcerated reached over 2 million. The problem of prison and jail overcrowding has become epidemic, especially in states like Texas and California. The problem is complex, but researchers have identified certain areas of the criminal justice system which have contributed more to overcrowding than others, but first it is important to amass the scope of the problem by looking at the recent statistics.
The Stats
The following statistics are the most recent available from the Bureau of Justice Statistics Bulletin.
At midyear 2002 local jail authorities held or supervised 737,912 offenders. Ten Percent of these offenders (72,437) were supervised outside jail facilities in programs such as community service, work release, weekend reporting, electric monitoring, and other alternative programs.
The Federal Bureau of Prisons became the largest system at midyear 2002.
An estimated 12% of black males, 4% of Hispanic males, and 1.6% of white males in their twenties and early thirties were in prison or jail.
At midyear 2002, a total of 3.055 State prisoners were under age 18. Adult jails held a total of 7,248 persons under age 18.
The number of inmates in custody in local jails rose by 34,235; in State prison by 12,440; and in Federal prison by 8,042.
During this same period the Federal prison system grew at a rate of 8.1%, the State prison system rose at a rate of 3.0%, and local jails rose at a rate of 4.3%.
The Nation's prison and jail population exceeded 2 million inmates for the first time in 2002.
These statistics are just a taste of the state of our corrections system. The numbers seem hopeless at first, but a more thorough review of the people who are going to prisons and jails and why they are going there reveals a different picture. It would seem from the statistics that this nation is in the midst of a crime epidemic, but criminal justice policy aided by the media has had the tendency to make things look worse than they really are.
Labels: incarceration
Tuesday, December 18, 2007
The Super Max Prison
Today's super max prisons are designed to be extremely controlling and punitive. One of these prisons in Texas, the McConnell Unit, holds 2.806 inmates and keeps 504 of them isolated in an area known as administrative segregation, or ad seg. Inmates are kept in ad seg when they are considered dangerous to themselves, to others, or to the general peace of the prison. Unfortunately, these ad seg units, which exist in many of the super max prisons, have become known as torture chambers for the inmates. Prisoners in the McConnell Unit, designated Level 3 inmates, receive no deodorant, no shampoo, and no toothpaste-only a small box of baking soda to use to brush their teeth. "In 1999, a federal judge found ad seg units in Texas to be 'virtual incubators of psychoses'".
The checkered history of maximum security prisons reveals that little has changed over the years. In the early nineteenth century flogging, water torture, and shackling prisoners to walls were used to punish the more unruly prisoners. Since that time, uncontrollable prisoners have experienced less obvious forms of torture, but torture nevertheless. Super max prisons are built with the ultimate confinement in mind, and sometimes they border on primitive torture.
The loss of freedom is a punitive form of justice that is meant to partly deter criminals and partly punish them. The problem with todays super max prisons is that detainment has been advanced to a masochistic science. Foucault describes the strict disciplinary methods and hierarchal structure at Mettray reformatory in the 1840's and announces it to be the beginning of a new age of prisons. Mettray was a severe disciplinary institution that was built upon the philosophy of confinement to the one man cell and touted the wonders of its structure for teaching discipline. Foucault recognizes the need in these highly structured and disciplinary institutions for a "design of power" which gives the prison personnel the ultimate power and supervision over inmates. Foucault's idealized version of a prison and its disciplinary elements have largely been implemented today in the super max prison which is almost exactly what Foucault had envisioned, but the vision has become somewhat of a living nightmare for prisoners and guards alike.
One of the most troubling aspects of the new super max prisons is the system that is used to discern who qualifies and who does not qualify for assignment to administrative segregation among the prison population. To unsympathetically imagine an uncontrollable, psychotic criminal in administrative segregation is not to difficult for the average person, but imagine a non-violent criminal who has stolen a piece of pizza from a store and been placed in administrative segregation for months or years. It may sound absurd, but this is exactly what can happen today as a result of the three-strike laws. Non-violent offenders are placed in strict super max prisons for third strike crimes that are harmless. This represents a major glitch in the system of corrections and one that Foucault surely could not have foreseen in his idealized vision of a disciplinary instrument. The injustice will continue and prisons will become even more secure as the system becomes architecturally and philosophically focused on punishment through confinement.
Labels: prison
Monday, December 17, 2007
The Inside and Outside of Prisons and Jails - Setting the Stage
The panopticon prison or jail is designed to increase the perception of power and surveillance without the actual increase of power and surveillance. The intention of this design of power is to make the prisoners into their own guards by producing in them the uneasy feeling that they are being watched at all times.
During a visit to a new wing of the Orange County Jail, I was able to take a tour of one of the new cell blocks they were in the process of finishing. The place was empty and quiet. The design was panoptic, but it had other features that ensured the actual, or perceived threat of power. Each cell had a clear glass front for easy surveillance. Each cell was equipped with an intercom system which allows the guards to listen to any conversations going on in any of the cells at any time. The guards also had the ability to speak to the prisoners through the speakers in their cells, from their guard tower situated in the middle of the cell block. The guard post had tinted windows all around it, allowing the guards to see out, but keeping the prisoners from seeing in. Whether there is one guard on duty or a hundred, the prisoners will never know the difference.
There were tiny windows in the backs of each of the cells. I assumed they were windows to the outside world, but upon closer inspection I saw that they were not windows for the prisoners to enjoy nature, but viewing stations for the guards. Looking out of one of the tiny windows I saw a walkway filled with plumbing pipes and orange florescent lights. The walkway appeared to encircle the outside of the entire cell block. I asked our tour guide, a veteran prison guard, what the windows were for. He told me that the windows allow the guards to spy on the prisoners and the florescent lights, which stay on 24 hours, illuminate the cells just enough to allow the guards to see what is going on in any cell at any time. Later, one of the prisoners told me that the sound of the florescent lights buzzing coupled with the constant illumination inside the cell at night has kept him from sleeping since he arrived.
Is this where we should be spending our tax dollars for drug rehabilitation?
Labels: incarceration
Friday, December 14, 2007
Jails and Prisons - A Brief History of Incarceration
Around 1160 (the Nun of Watton) became pregnant by another member of the religious order. Her condition was discovered, and she was fettered and placed in a cell with only bread and water to live on. She remained in prison after her lover had been castrated. But, as the story goes, through an act of divine intervention all traces of her pregnancy disappeared and her chains and fetters miraculously fell off.
Her story remains an important historical milestone to this day because it represents one of the first instances of confinement for a specific period for the purpose of moral correction, which remains the stated goal of the modern American department of correction. Moral correction may still be the stated objective of our criminal justice system, but the reality of our current penology is something vastly different.
The Quakers were the first to establish prisons in America around the early 1800's. The idea of the penitentiary as a place for penance was a concept first developed by this strict religious sect. Originally, the prisoners cell was designed as a place where the criminal could contemplate his sinful actions and repent for his sins. Prisoners were required to sit in their cell in complete silence. They were only given a Bible and something to work on with their hands. The cell experience was intended to produce a change of heart in the criminal, but often the person went insane instead.
Around 1850, prisoners were held in large holding tanks. The term "Big House" was coined during this time period in reference to the large warehouse style buildings the prisoners were housed in. By allowing the prisoners to interact with each other, the environment facilitated a highly crimineogenic atmosphere. The close contact prisoners had with one another turned prison life into a college for crime, much like todays prisons and jails. During this period, prisoners were forced to work outdoors on chain gangs. The focus was on deterrence and the idea of rehabilitation had been swept under the rug.
During the 1900's, the idea of rehabilitation briefly resurfaced. Prisons were called "reformatories" instead of big houses, and the focus was on curing the social problems that were thought to be at the heart of criminal behavior. Sociologists convinced the nation that criminals were basically good people who turned to a life of crime as a result of poor social conditions.
In the 1950's, psychology and the medical model set the stage for a prison system that was focused on correcting the individual and not society. "Prisoners were to be 'rehabilitated' through new scientific methods". The term "correctional facility" replaced the name reformatory, parole boards and intermediate sanctioning were created, and the modern prison and jail system began to take shape.
In the 1970's, after a couple of decades spent trying to rehabilitate the criminal, the general attitude was that nothing worked. Social scientists who studied the results of rehabilitation came to the conclusion that sentences were increased and many inhumane programs and routines were practiced. To everyone concerned, rehabilitation was an expensive failure. Society and government policy makers gave up on rehabilitating criminals and began warehousing them once more. Today, we are a society bent on incapacitation and retribution and we continue to stubbornly hold on to the idea that nothing works, but we are on the frontier of a new era that might force us to reexamine the way we approach crime and criminals, not because we have had a change of heart, but because we have no other choice.
Or do we?
Labels: incarceration, jail, prison
Wednesday, December 12, 2007
Predictors of Adolescent Substance Abuse - Final Hypothesis
Discussion
The most recent research has focused on the above mentioned areas in an attempt to validate and solidify past research in the area of drug addiction risk factors for youth, while at the same time create hypothesis about what might be done to decrease risk-factors associated with adolescent drug use and drug abuse. Determining risk-factors and generating hypotheses on drug use and abuse are vital steps in vaccinating the "disease" of addiction. Since most drug use begins during the critical time of adolescence, it is imperative academic attention must be focused on this developmental time period if we are to prevent initial drug use, treat drug abuse, and help people maintain their recovery.
Tuesday, December 11, 2007
Predictors of Adolescent Substance Abuse - Recent Research on Risk Factors
In addition to environmental and individual risk factors, there are certain putative factors that can also contribute to drug addiction. It is important to distinguish between drug use and drug abuse. Many adolescents may experiment with illicit drugs, but never become fully addicted, whether the risk factors for initial drug use and long-term drug use are there, or not. Included in risk factors for future drug addiction are those factors that exist after initial drug use has begun. Four putative risk factors have been identified as contributing to the progression of addiction and are considered risk factors for treatment. They are: type of substance, frequency of drug use, type of comorbid psychopathology, and number of psychiatric disorders. For example, the adolescent who begins smoking marijuana as opposed to the adolescent who begins smoking cocaine will have a much greater propensity to become addicted simply because of the more physically and psychologically addictive properties/qualities of cocaine.
Risk factors for adolescent substance abuse relapse are predictably similar to the risk factors associated with initial adolescent drug use. Studies of adolescent substance abuse relapse have shown that that "social factors, including social pressure to use and exposure to substance-using peers, are the strongest predictors of adolescent relapse". For this reason, alcohol and drug rehabilitation facilities focus on geographical and social interventions, encouraging the client to relocate geographically and to disassociate with former friends and deviant acquaintances. One research study of clients discharged from a residential treatment facility found that those clients who chose to relocate to the immediate area and become involved in educational pursuits, were more likely to remain abstinent one year after. Conversely, those clients who chose to return to their "old" environments were generally given poor prognoses by their counselors and were more likely to relapse after discharge.
Monday, December 10, 2007
Predictors of Adolescent Substance Abuse - Risk-Taking Behavior
There are psychological, sociological, environmental, and biological factors involved in predicting adolescent drug use, assessing drug abuse, and determining a drug abuser's prognosis after treatment. Research on deviance and delinquency in all these areas is exhaustive. In each area (e.g., sociological, environmental, psychological, and biological) there are specific and general indicators of potential unconventional behavior associated with drug use.
Thursday, December 6, 2007
Predictors of Adolescent Substance Abuse - Introduction
The severely addicted individual is the one who warrants the most concern for therapists and society in general. Severely addicted individuals commit crimes to support their addictions, make-up the bulk of the prison population in this country, and cause the most harm to themselves and others. For this reason, there is a focus in research to identify and predict those at risk for becoming severely addicted to illicit drugs and discern the risk-factors associated with attrition and/or relapse. Since illicit drug use begins in adolescence, most researchers tend to focus on this period of human development.
There are commonly held predictors, or risk-factors, associated the onset of adolescent substance abuse and many theories that attempt to explain the reasons behind initial adolescent drug experimentation. It is assumed that once more is known about the “why” of drug use, then we will know more about how to prevent initial drug use, treat advanced stage addiction, and decrease risk-factors that promote relapse.
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