Our review of corrections will show that most correctional systems in U.S. have always had an underlying punitive orientation toward criminals - although one of the original intentions of imprisonment was reformation.

1. INTRODUCTION

A. DEFINITIONS

1. CORRECTIONS

a. Official responses to the punishment of convicted offenders in the U.S.
b. Technically: All agencies, programs, and organizations on the local, state and federal levels that deal with both those accused of crimes (pretrial detainees) and those convicted of crimes.
c. Describes the broad range of facilities, programs and services dealing with convicted offenders.

1. PENOLOGY (from the Latin meaning punishment)

1. The generic term for the organized body of concepts, theories, and approaches centered on the prison and the institutional experience, signifies the study of punishment. This term was used previously to denote what today is described as the study of corrections.

    B. THE LOW VISIBILITY OF CORRECTIONS

1. Corrections Is Responsible For The Accused And The Convicted
2. Much Of Corrections Is Hidden From Public View and Correctional Facilities receive Attention Only When Problems Arise

a. Close Up: The Pitfalls Of Early Release (See - page 3)

3. Racial Conflicts And Crowding Also Add To Corrections' Problems

C. PUBLIC OPINION AND POLICY

1. Polls taken in the 1990's indicated that crime, violence and drugs had become the primary concern of Americans:

1. Almost 2/3's rated police as excellent or good, while less than 1/3 rated corrections in that category.

   b.   About 2/3's of those polled wanted stricter law enforcement and more severe penalties in order to combat crime.

2. Political responses to these fears:

1. More anti-crime propositions on ballots.
2. Politicians responded with:

    (i) "three strikes and your out" laws;
    (ii) the building of more prisons; and,
    (iii) speedier executions.

1. Politicians espousing the toughest stance in dealing with criminals have been winning elections.

1. But, SEE Figures 1.1, 1.2, and 1.3 on Page 5

II. CORRECTIONS AND THE CRIMINAL JUSTICE SYSTEM

1. The Criminal Justice Process

1. The activities of the criminal justice system form a continuum, which includes a series of steps and potential exit points. Felonies, misdemeanors and juvenile cases receive different dispositions and thus follow separate paths in the process.

[FLOW OF CASES (SEE figure 1.4, page 7)]

2. Persons caught in the process may be screened out of the system at various points; this is the so-called correctional funnel . (SEE figure 1.5, page 8)

  B. Organization Of The Correctional System

1. Federal - 94 prisons; 6 jails; 1 Probation and Parole Service

1. Holds persons convicted of federal crimes
2. Prisons divided into 6 levels of security from minimum to supermax.

2. State - # and type vary by state; Probation and Parole Service; Community Correctional Services (halfway houses)

1. Holds felons convicted and sentenced for violation of state law(s).

3. Local - City and/or County Jails.

1. Holds pretrial detainees and convicted misdemeanants; may also hold convicted felons awaiting transfer to state prisons.
2. Average stay, approximately 100 days.

1. Introduction

2.  Unlike criminal justice systems in other parts of the world, the American system is not a single system.

1. The Role of Police in Corrections

1. Police Agencies Usually Operate Jails And Detention Facilities

2. Police Operate Some Correctional Programs, Principally concerning the prevention, control and treatment of delinquency. This function might also include SROs (School Resource Officers).

3. Police Perform A "Gatekeeper" Function Through use of "Discretionary Arrest Authority. If An Offender Is Not Taken Into Custody, The Police May:

1. Warn offenders and release them
2. May take juveniles home to parents
3. Refer adults and/or juveniles to pretrial intervention or community mental health. This is an important component of community policing which changes the gatekeeper function by diverting people in a problem solving process to reduce the recurrence of problems. This changes the focus of the police from reactive (investigation of a crime and punishment of the offender) to proactive (prevention of crime through problem solving).

. Police Provide Information On Offenders To Correctional Personnel

C. The Role of Prosecutors In Corrections

1. Prosecutors as "Gatekeepers".

1. Prosecutorial Discretion can limit the number and types of offenders entering the system -

1. Case may lack merit - alleged victim cause of action or refuses to testify
2. Case may be a low priority offense - i.e. a minor offense or non-violent property crime

  (iii) If case can be handled in a better fashion through some type of community treatment or civil action
  (iv) For probation/parole violators, a revocation hearing might be more appropriate.
   (v). Charges May Be Reduced Or The Process May Be Suspended. Particularly true if defendant is a informant.

2. nolle prosequi

a. Prosecutors can screen out defendants who have been charged by asking a judge or magistrate to nolle prosequi ( a formal decision by a prosecutor not to go forward with a particular case.

D. The Role Of The Courts In Corrections

1. Courts determine guilt or innocence.
2.  Sentencing is a key court correctional function. It basically determines whether an individual will be referred or committed to a particular agency, institution, or facility, and the conditions under which the agency or facility will receive the offender. A Judge’s discretion as to sentencing is being curtailed by legislatures who have created sentencing guidelines and mandatory sentencing guidelines.

1. Many factors affect the Sentencing/Disposition Process (SEE, table 1.2, page 15)

3. Judges serve as monitors of conditions in the correctional system.

1. Until the mid 1960's, Judges maintained a hands-off policy towards prison conditions. They refused to consider prisoner complaints concerning prison conditions.
2. Since the 1960's, Judges have taken a hands-on policy which basically holds that people convicted of crimes and held in jails and/or prisons are not deprived of all their constitutional rights.

4. The courts also operate correctional programs

1. Probation without adjudication (deferred prosecution)
2. Citizen dispute resolution centers (mediation)

1.  At the basic county level may be responsible for probation services for juveniles and adults

E. Effect on Corrections of the actions of the Police, Prosecutors and the Courts.

1. They control the intake process of offenders into the system and, thus, determine the level, quality and extent of services corrections can offer.
2. They perform a variety of correctional functions, some independent of and some related to the formal correctional system
3. The control exerted over the correctional by court mandates and legislative action.