Probation Chapt 6-8
Terms
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- John Howard
- Coined “a place to do penance” from the Penitentiary
- Three developments led to the American prison system
- Religious doctrine, American revolution, classicalism
- What did the Quakers believe concerning prison?
- imprisonment (classicalism)
- What did the Calvinists believe concerning prison?
- Redemption (positivism)
- Describe Walnut Street prison
- Inmates confined to cells, worked in courtyard during the day
- First US prison
- Newgate
- Describe the Pennsylvania system
- isolated each prisoner for the entire period of confinement, based on Calvinist model of hard labor, isolation and religious study
- Thomas Eddy
- Prison reformer, prisons were copied after his suggestions
- Describe the Auburn system
- Cell block style, lockstep shuffle, complete silence, divided inmates into three classes, forerunner to modern prisons
- Convict Labor exploits (3)
- Contract, Lease, State-use
- Big house system
- Shaped like Auburn but attitude was complete opposite: talking, recreation, decorate cells, favoritism among guards
- Earl Warren
- Reorganized the prison system, applied behavioral sciences to “correct” behavior
- Attica
- Boasted “most secure, escape proof prison”- based on rehabilitation, inmate rioted, rehabilitation was blamed
- Parole
- “Word of honor”
- Norfolk Island
- Australia, "one of the most remarkable experiments in the history of penology..."
- Maconochie
- former Naval Officer his system brought tranquility to the colony
- "Ticket of Leave"
- released and supervised by police
- Elmira Reformatory
- based on "positivism" designed to instill habits of order, discipline, and self control and mold obedient citizen-workers
- Medical Model
- Based on methods of science, a scientific "war on crime"
- Medical model is based on what two assumptions?
- criminals are sick and can benefit from treatment, behavioral sciences can provide treatment
- David Fogle
- presented to "Justice Model", wanted the elimination of boards
- Presumptive sentencing
- generally imposed on first time offenders
- Truth-in-sentencing
- eliminating release discretion
- A parole agency can provide three basic services:
- Institutional, Field, Executive Clemency
- There are two basic models for administrating parole:
- Independent model, Consolidated model
- Independent model
- responsible for release/revocation, supervision of released
- Consolidated model
- responsible for release/revocation, BUT supervision of released is under the direction of the commissioner of corrections
- Conditional release
- sometimes called "mandatory release" or good time
- Who appoints the parole board?
- The governor
- Two types of parole violation:
- Technical, New offense
- Preliminary hearing
- Purpose is to determine probable cause, “hearsay is permissible in preliminary hearings”
- Revocation hearing
- Similar to Preliminary hearing but more comprehensive, right to counsel - determine if violation is serious enough to revoke parole
- Street time
- Time spent on parole under supervision
- Executive Clemency, three types:
- Reprieve, commutation, pardon
- Reprieve
- temporary suspension
- Commutation
- modification of the sentence to the benefit of the offender
- Pardon
- Sovereign power of state, a privilege
- Parole Violations
- Grace Theory, Contract Theory, Custody Theory