Crime, Corrections & Social Problems
The Criminal Justice System
Justifications for Punishment
Sentencing
The Role of Police, Prosecutors, Courts in the Criminal Justice Process
The Role of Corrections in the Criminal Justice System
Discretionary Power at Each Stage of the Process
The Effect of Race/Ethnicity and Social Class on Criminal Justice Decisions
Who Makes the Law and in whose Interest is it Made?
Classes: Capitalist - owns the means of production
Professional/Managerial - requires a college degree
Proletariat - workers who sell their labor power for wages
Lumpenproletariat - people who are outside the productive life of society
Retribution
Deterrence
Incapacitation
Rehabilitation/Reform/Reintegration
Restorative Justice
Indeterminate Sentences
Determinate/Flat Sentences
Sentencing Guidelines
Mandatory Sentences
Presumptive Sentences
Three Strikes and You’re Out
History of Punishment and the Development of Prisons:
The Evolution of Punishment
Early Peoples & Crime
personal retaliation, vengeance, blood feuds, custom, elders, fines, outlawry,
banishment, exile
Early Written Law Codes
Hammurabi/Babylonian Code - 1752 B.C., lex taliones
Mosaic Code - 1300 B.C., Book of the Covenant, "eye for eye..."
granting sanctuary dates from this period
Greece
Code of Drakon, 6th Century B.C.
The Agora
Middle Ages - 476 A.D. to 1450 A.D.
nobles and bishops ruled feudal principalities - “the king’s peace”
mutiliation, vengeance, fines (dooms and wergild)
oaths and ordeals
England 1559 to 1875
Henry VIII, Enclosure Movement
Elizabeth I, 222 capital offenses
Galleys
Houses of Correction/Bridewells/Workhouses
Gaols
Transportation
1596 - 1776 to American colonies
The Indenture System: Voluntary and Involuntary
1787 - 1875 to Australia
Hulks 1775 - 1858
Public Humiliation
stocks, ducking stool, pillory, bridle, scold
Physical Punishments
branding, mutilation, whipping, capital punishment,
drawing and quartering
Punishment During the Colonial Period
The Anglican Law
William Penn and the Quakers' Great Law 1682-1718
Following the American Revolution
The Effect of the European Enlightenment on America
The Walnut Street Jail 1790
Auburn Penitentiary in Auburn, New York 1819
The Prison as Factory
The Silent Congregate System
Lockstep, Para-Military Model
Eastern Penitentiary at Cherry Hill (Philadelphia, Pennsylvania)1829
Solitary Confinement - The Separate System
Antecedents of the Reformatory Movement
Alexander Macononchie’s Mark System in Australia (Norfolk Island)1840
The Ticket of Leave and Mark System
Fired despite his success
Sir Walter Crofton’s Irish System 1854 - 1862
4 Stage System of Increasing Privileges
1870 Prison Congress Calls for Rehabilitation
Declaration of Principles
The Reformatory System
Elmira Reformatory 1877
Zebulon T. Brockway, Superintendent
Reformatory Model Falls Short
Southern Penal Systems
Punishment in the Pre-Civil War South
Slavery
Black Codes
The Post-Civil War Period
The Lease System - Penal Slavery
Driven by: White Supremacy, Demand for Labor, Bad Economic Times
Chain Gangs
Prison Farming in the 1900s
The Parchman Penal Farm in Mississippi
Angola Prison in Louisiana
Sugarland Prison in Texas
Tucker and Cummins Prisons in Arkansas
Trustie-guards
Growth of the Prison Farm Complex in the 40s and 50s
The Courts Intervene in the 1960s and 1970s
Gates v. Collier, 1972 (Case brought by prisoners at Parchman Farm
in Mississippi)
Today Problems Persist: lack of political support, poor morale,
increasing inmate-on-inmate violence, racially based gagngs, inmate idleness,
reduced participation in programs.
Arkansas: The Worst of the Southern Systems
Film: Brubaker
Reform Warden: Tom Murton
The Pre-Murton Arkansas System
Trusties and Rank Men
2000 inmates, 34 civilian employees
Tucker Telephone
The Murton System
The Courts Intervene
Jackson v. Bishop (1968)
Holt v. Sarver (1969 and 1970)
Southern Penal Systems
I. Punishment in the Pre-Civil War South
II. The Post-Civil War Period
A. The Lease System
B. Chain Gangs
III. Prison Farming in the 1900s
A. The Parchman Penal Farm in Mississippi
1. Trusty-Guard
2. Conjugal Visiting Program
B. Growth of the Prison Farm Complex
C. The Courts Intervene
D. Arkansas: The Worst of the Southern Systems
1. The Pre-Murton Arkansas System
2. The Murton System
3. The Courts Intervene
IV. The Texas System
A. The Contract Period and Contract Lease System
B. The Plantation Farm Period
C. The Period of Reform and Stability
D. The Trusty-Guard System
E. The Courts Intervene: Ruiz v. Estelle
V. The Value of Work Camps and Prison Farms
VI. Summary
Learning Objectives
After completion of this chapter, students should be able to:
1. Specify the pre-Civil War conditions that affected the development of corrections in the south. Define and describe the "Black Codes."
2. Discuss the operation of the Lease System.
3. Describe the inmate living conditions on southern chain gangs.
4. Outline the organization and functions of the Parchman Farm prison plantation.
5. Explain why Arkansas Prisons were considered the worst of the southern prison farm systems.
6. Describe the process by which Tom Murton changed the prisons farms at Tucker.
7. Discuss the precedent setting Holt v. Sarver decisions.
8. Outline the development of the Texas prison system and the phases through which it progressed.
9. Define the role of the Building Tenders during the different phases of the development of the Texas system.
10. Explain the effects of the Ruiz decision on the Texas prison system.
11. Suggest some reasons why work camps or prison farms could still be beneficial to corrections.
Key Terms and Concepts
BLACK CODES: These were penal codes specifically aimed at controlling black slaves in the pre-Civil War South that inflicted more severe punishments on slaves than on whites for many offenses.
BUILDING TENDERS: Inmates who were given the authority to maintain order within the tanks at Texas prisons. Performed functinos similar to trusty-guards but did not carry firearms.
CHAIN GANGS: Groups of inmates, usually chained together, used by southern country and state correctional agencies, for working at clearing highway rights-of- way, etc.
CONJUGAL VISITS: A visit under which inmates and their visitors (usually wives, but in some earlier circumstances prostitutes) were allowed privacy. Emotional, and raw intimacy is presumed to occur.
CONTRACT LEASE SYSTEM: Under this system the state retained control of prisoners. Work was done within the prison under contract to private companies who paid the state a per-diem rate per worker and furnished the necessary instructors, machinery, and raw material for the production of the products, which it then sold.
DO-POPS: In the Arkansas prison farms, these were the inmates who had a status between the trusties and the rank men. They had duties which allowed them to avoid working i the fields.
HOE LINE: The inmate labor force in Texas prison farms.
LEASE SYSTEM: A method of contracting with a private company or individual to: control and operate prison shops, be entirely responsible for groups of convicts or for an entire prisons. Contractosr paid states a fee or a portion of the profits from inmate produced goods for this privilege.
PARCHMAN FARM: A Mississippi prison farm.
PENAL SLAVERY: A system of imprisonment of both Black and White convicts that made them the temporary of lifelong "slaves" of states or of the employees or corporations to whom they were assigned.
RANK MEN: The lowest level of inmate in the Arkansas prison farms. They were the farm laborers.
RUIZ V. ESTELLE: A district court decision that resulted in the most sweeping and detailed order in the history of prison litigation. It found almost all major aspects of the Texas prison system unconstitutional and resulted in a master being appointed to oversee the remediation of these conditions.
SWEAT BOX: A torture device consiting of a coffin-like cell with just enough space to accommodate a man standing erect. Generalllly made of wood or tin it was completely closed except for a hole two inches in diameter at nose level. In the heat of the southern sun temperature levels in these devices quickly reached 120 degrees or more.
TOM MURTON: A reform warden who exposed the barbaric conditions under which Arkansas prisons operated. He attempted in the late 1960s to bring these prisons up to mid-20th-century standards.
TOTALITY OF CONDITIONS: A court interpretation indicating, that, taken individually conditions cited may not represent constitutional violations, but when taken together ("their totality") they may constitute cruel and unsual punishment.
TRUSTIES: Jail or prison inmates who have been entrusted with some custodial responsibilities or who performs other services assisting in the operation of the facility.
TRUSTY GUARDS: These were inmates in many of the southern prison systems who were given the responsibility of guarding other prisoners. In many instances they were armed with rifles and were rewarded for shooting escapees.
TUCKER TELEPHONE: A torture device, previously used in the Arkansas prison system that consisted of an electric generator taken from a crack type telephone and wired in sequence with two dry cell batteries. An undressed inmate had electrodes attached to his big toe and his penis. The crack was then turned, sending an eletrical charge into his body.
YARD MAN: The chief trusty.
The Contemporary Prison
The Inmate Social World
Characteristics of "Total Institutions" - Erving Goffman
Pains of Imprisonment - Gresham Sykes
deprivation of liberty, autonomy, goods and services,
safety and security, family relationships, heterosexual relations
The Inmate Subculture
The Inmate Code
Inmate Slang
Prisonization - Donald Clemmer
The Inmate Hierarchy - Robert Johnson
predatory convicts, institutionalized convicts, masses, punks, scapegoats
The Officer Subculture
US Prisons from 1900 to the Present
1900-1935 The Big House - custody, punishment, hard labor (industry)
1935-1950 The Big House - idleness, warehousing, strict regimen
1950-1975 The Correctional Facility
the rise of professional administrators
more humane and accommodating facilities
"more tolerable warehouses"
"not a new order, but collapse of old order"
more liberal mail and visitation privileges
some educational, vocational, and therapeutic programs
some recreational programs
boredom prevailed
crisis of custodial authority
inmate classification, indeterminate sentencing
1975 - present The Violent Prison