Chapter 8 corrections

Corrections
Learning Objectives
Up to this point, we have spent much time on understanding crime, how it is policed, and how it is prosecuted in
the courts. This section will cover the last third of the justice system, corrections. This section will focus on a brief
history of corrections, to include the philosophical underpinnings of why and how we punish people. After reading
this section, students will be able to:
• Understand where the basic concept of punishment comes from
• Recognize the different ideologies of why and how people are punished
• Understand how punishment has evolved in the world, and how that has shaped punishment in the
United States
Critical Thinking Questions
1. Why are we more punitive at times than others? What changes our punitive values?
2. What are some of the pros/cons of each of the four correctional ideologies?
3. Does crime change depending on our collective correctional ideology, or practice?
4. Does punishment change, based on our correctional ideology? How?
5. What are some key explanations for the rise in the prison population in the U.S.?
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8.1. A Brief History of The Philosophies of Punishment
DAVID CARTER
A Brief History of Punishment
Feeling safe and secure in person and home is arguably one of the most discussed feelings in our nation
today. The “fear of crime” influences how we think and act day to day. This has caused great fluctuation
in the United States in regards to how we punish people who are convicted of violating the law. In part,
punishment comes from the will of the people, which is then carried out through the legislative process, and
converted into sentencing practices. People have differing views on why people should be punished, and
how much punishment they should receive. These correctional ideologies, or philosophical underpinnings
of punishment, have been prevalent throughout history, and are not brand new in the United States. This
section details basic concepts of some of the more frequently held punishment ideologies, which include:
retribution, deterrence, incapacitation, and rehabilitation.
In the News: One of the more frequently used statistics in the news about crime is homicides in the
United States. Often, you will hear something about a homicide rate or the number of homicides in a
state, or a city for a particular year. An interesting clarifier about this number is that it typically does
not include a number of deaths in prison. Deaths in prison occur every year, yet these are not normally
counted in any statistic. In 2014, there were approximately 3,927 deaths that occurred in prisons in the
United States. There are a variety of reasons for these deaths, to include homicide. For more information
on this, look up – Mortality in Correctional Institutions (MCI). This is also formerly known as Deaths
in Custody Reporting Program (DCRP). The Bureau of Justice Statistics houses and publishes data on
this phenomenon. Additionally, this is a voluntary reporting structure, which may actually not capture all
deaths that occur in prison. https://www.bjs.gov/index.cfm?ty=dcdetail&iid=243
Philosophies of Punishment Example
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Two stories come on during the crime section of the 6 o’clock news. In the first story, a man is described as a
convicted sex offender. He is living at an address that you know is in your city. Citizens that live on the streets
nearby his address are shown picketing in front of his house, voicing their displeasure that he is allowed to live
there. The video shows how angry the neighborhood is, and you can visibly see their frustration and angst on the
people’s faces in the news clip.
The second story is of a woman who was detained (shown in the back of a squad car) for stealing food from a
local grocery store, apparently to feed her children. The store manager is then on the screen describing that he is
offering to donate the food to her so that she does not have to spend time in jail or get into any more trouble.
How do these two stories make you feel? Is it the same feeling for each story? Does one of these stories make
you feel more afraid of crime? More angry or upset? Which one? Who deserves to get punished more? How much
punishment should they get? The answers to questions like these instantly flood our thoughts as we are watching
news blurbs like this, and in general, when we hear about a crime. This is all normal. And, this process is what
generates our own personal punishment ideology.
Now, which one of these two individuals has actually committed a crime? A second point to this story is that our
perceptions of punishment can be influenced by the narrative (what is presented to us).
Although the change in our overall perception or use of the rehabilitation ideology is slow, it is necessary.
As we will see in the next sections, our reliance on the “Brick and Mortar” approach to punishment comes
at a great cost, and the results are less than desirable.
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8.2. Retribution
DAVID CARTER
Retribution
Retribution, arguably the oldest of the ideologies/philosophies of punishment, is the only backwardlooking
philosophy of punishment. That is, the primary goal of retribution (in its original form) is to
ensure that punishments are proportionate to the seriousness of the crimes committed, regardless of the
individual differences between offenders, other than mens rea and an understanding of moral culpability.
Thus, retribution focuses on the past offense, rather than the offender. This can be phrased as “a balance
of justice for past harm.” People committing the same crime should receive a punishment of the same type
and duration that balances out the crime that was committed. The term-backward-looking means that the
punishment does not address anything in the future, only for the past harm done.
It is argued as the oldest of the main correctional/punishment ideologies because it comes from a basic
concept of revenge, or “an eye for an eye.” This concept of an eye for an eye, or vengeance, basically means
that if someone perceives harm, they are within their right to retaliate at a proportional level. This idea that
retaliation against a transgression is allowable has ancient roots in the concept of Lex Talionis, which roughly
translates into the law of retaliation. A person who injures someone should be punished with a similar
amount of harm (punishment). This concept was developed in early Babylonian law, and it is here that we
see some of the first written forms of customs and practices. Thus, around 1780 b.c., the Babylonian Code,
or the Code of Hammurabi, is considered the first attempt to codify practices by individuals of a group.
We recognize these today to be our first attempt at written laws. These laws (pictured below) represent a
retributive approach to punishment. That is proportional punishments for past harms done.
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Hammurabi Code
The retributivist philosophy also calls for any suffering beyond what was originally intended during
sentencing to be removed. This is because the dosage of punishment is the core principle of retribution:
offenders who commit the same crime must receive the same punishment. Punishments beyond the original
balancing of justice for the past harm is outside of the scope of retribution, and thus, does not fit with
retribution. This also helps to explain why retribution is a backward-looking ideology. As we continue
forward in the history of punishment, we see changes to our perceptions of how to react to crime. This
includes our changing views of punishment, to include punishment ideologies that are more forwardlooking.
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8.3. Deterrence
DAVID CARTER
Deterrence
Forward-looking ideologies are designed to provide punishment, but also to reduce the level of
reoffending (recidivism) through some type of change, while the backward-looking approach is solely
for the punishment of the offender’s past actions. This change in how we view punishment is a large
shift that has ripples in culture, the politic of the times, and even religion. Moving many eras forward
from Hammurabi, deterrence is the next major punishment ideology. Rooted in the concepts of classical
criminology, deterrence is designed to punish current behavior(s), but also ward off future behaviors through
sanctions or threats of sanctions. Moreover, it can be focused on a group or on one individual. Thus, the
basic concept of deterrence is “the reduction of offending (and future offending) through the sanction or
threat of sanction.”
When looking at punishment through this deterrent design, it can be split into two distinct categories:
general and specific. Specific deterrence is geared towards trying to teach the individual offender a lesson.
It is meant to better that individual so they will not recidivate. By punishing the offender (or threatening
a sanction), it is assumed they will not commit a crime again. It is this point that makes deterrence a
forward-looking theory of punishment. General deterrence runs along the same track as specific deterrence.
However, general deterrence differs by when one person offends, the punishment received is going to be
the same for all. In this way, the group doing the punishing attempts to relay the message of future events to
the masses. If someone commits this act, they will be punished. This is part of the core design for deterrence.
Some other principles of deterrence to discuss in brief are: marginal, absolute, and displacement. Marginal
deterrence works on the principle that the action itself is only reduced in amount by the offender, not
removed. An example of this would be when a person sees a police officer sitting on the side of the freeway.
If they are driving 70 mph, they might slow to 58 mph. Technically, they may still be breaking the law, yet
their level of criminal behavior has been reduced. Absolute deterrence is a surrealistic concept often thought
to be created by Robert Peel, in his idea of creating a police force to remove all crime. In today’s standards,
we know this to be false. There is little to no evidence to support that all crime can be deterred within a
specific area, or even in general. Displacement argues that crime is not deterred, but rather, it is shifted on
three levels. It may be shifted by time, location, or the type of crime committed. Instead of someone stealing
cars on the weekend, they may sell drugs during the day. Although the weekend crime carjacking rate will
decrease, the daily drug trade will increase.
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In order for all of these principles of deterrence to work, the people who are involved (meaning society
as a whole) must have a conceptual (perceived) idea of the level of punishment they will receive. For the
efficacy of this theory, three key things must be instilled within each individual in society. They must have
free will, some amount of rationality, and felicity. Free will refers to everyone’s ability to make choices about
their future actions, like choosing when to offend and not offend. They must also have a rationalistic ability
(ability to be rational) to see what the outcomes of their choices will be. The third element, hedonism (or
a hedonistic calculus), is essential. We must desire more pleasurable things than harmful ones. It is more
probable that crime will be deterred if all three of these elements are in place within society. This is both a
strength and weakness of the deterrence theory.
Deterrence theory works on these three key elements: certainty, celerity, and severity, in incremental
steps. First, by making certain, or at least making the public think that their offenses are not going to go
unpunished, then there will be a deterrent factor. As Beccaria relates, this is the most important of these
three elements within deterrence theory. The celerity, or swiftness of punishment, is a secondary factor in
rationalizing for the offender. If they know how swift the punishment will be, they will not offend. These
concepts were cornerstones to the works of Cesare Beccaria (1738-1794), an Italian philosopher in the latter
half of the 18th century. Beccaria’s works were profound, and many of his concepts helped to shape the U.S.
Bill of Rights. He is also considered the Father of the Classical School of Criminology, and a prominent
figure in penology. According to Beccaria, “For punishment to attain its end, the evil which it inflicts has
only to exceed the advantage derivable from the crime… All beyond this is superfluous and for that reason
tyrannical.” 1
1. Beccaria, 1764/1963, 43.
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Cesare_Beccaria_1738-1794.jpg
In saying this, Beccaria refers to the severity or amount of punishment. It is not how much punishment that
is the primary motivator of deterrence, rather, the certainty. If deterrence is to work, the ideology of the
punishment is what should drive this goal of corrections.
Today, we have a better understanding of the effectiveness of deterrence. It does appear to work for lower
level offenses, and for individuals that are generally prosocial. However, the overall effect of deterrence is
limited. For more detail on things to know about deterrence, please see: https://www.ncjrs.gov/pdffiles1/nij/
247350.pdf
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8.5. Rehabilitation
DAVID CARTER
Rehabilitation
Although not as old as some of the older ideologies, rehabilitation is not brand new. Additionally, it is the
only one of the four main ideologies that most accurately attempts to address all three goals of corrections,
which are:
1. Punish the offender
2. Protect Society
3. Rehabilitate the offender.
Certainly, all four ideologies address the first two goals, punishment, and societal protection. However,
the goal of rehabilitating the offender is either silent, or not addressed in retribution, deterrence, or
incapacitation. This does come as a cost. As we will talk about in more detail when covering prisons and
jails, there is a great paradox that is happening in our society when we heavily rely on jails and prisons. Most
offenders will come out of institutions (roughly 95% of all people who enter prisons are released), and little is
done to change them while they are there. This is mostly due to our attitudes towards offenders, the policies
that are necessarily placed on individuals while they are locked up, and the institutions themselves. And yet,
there is the expectation that these individual leaving prisons will not commit crimes in the future.
The question here is this – what have we done to change them so that they are not reoffending? Without
the incorporation of some form of rehabilitation, the answer is fairly clear… Nothing. Yet, we expect it.
Rehabilitation has taken on different forms through its history in the United States. We have considered
individuals out of touch with God, and so offenders needed to be penitent, in order to get right with God.
One of America’s earliest prisons was designed with this in mind. The Eastern State Penitentiary, opening
in 1829, included outside reflection yards; so that offenders could look up to God for penance.
To see more of this prison, visit https://www.easternstate.org/.
Reformatories were another example of how rehabilitation was viewed in the past. The reform movement
tried to rehabilitate the offender through more humane treatment, to include basic education, religious
services, work experience, and general reform efforts. This was done in an effort to reform individuals, thus
allowing them to come back to society. The Elmira Reformatory was one of the earliest efforts of the reform
ideal, and many prisons built in the United States were based on this prison. Below is a picture of Elmira.
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Elmira Reformatory
Other attempts at rehabilitation included more medical approaches. In the past, offenders were viewed
as sick, and in need of medical cures. This medical approach, while greatly reduced, is still used in some
areas today. For example, the chemical castration of certain offenders does still occur. For example HB 2543,
in Oklahoma, in September of 2018, focuses on the mandated use of medroxyprogesterone acetate as a
treatment, and is required before appropriate release of convicted sex offenders.
Rehabilitation, as an ideology has had critics. This is in large part due to how it is perceived. Many
have voiced an objection, as it is seen as being “soft” on offenders. This is also how it has been discounted
when coupled with the fear of crime. Several examples are presented as to its ineffectiveness, and weakness
to the problem of crime. Probably the most notable example of the ineffectiveness of rehabilitation came
in the 1970s. In 1974, Robert Martinson provided support for many that were clambering to demonstrate
that the ideas of rehabilitation were ineffective. In a review of over 230 programs, Martinson concluded
that “With few and isolated exceptions, the rehabilitative efforts that have been undertaken so far have had
no appreciative effect on recidivism” (Martinson, 1974, p. 25). 1 This was the spark that many needed to
turn toward the more punitive ideologies that we have so far discussed. However, it did help some to ask
more detailed questions about why rehabilitation was not working. Additionally, it helped researchers to ask
more critical questions about measurement, how to more properly evaluate rehabilitation and to understand
the difference of what does not work versus what does work for offenders. These principles of effective
intervention become the cornerstone of modern rehabilitation.
Understanding Risk and Needs in Rehabilitation
1. Martinson, R. (1974). What works? Questions and answers about prison reform. Public Interest 35, 22-54.
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Today’s rehabilitative efforts do still carry punishment and societal protection as goals, but the focus of
rehabilitation is on the changing of offenders behaviors so that they are not committing crimes in the future.
This is done by understanding what are the items that make offenders at risk for offending. Additionally,
based on the levels of risk items, some offenders are at higher risk for offending than other offenders. This
includes items like prior criminal history, antisocial attitudes, antisocial (pro-criminal) friends, a lack of
education, family or marital problems, a lack of job stability, substance abuse, and personality characteristics
(mental health and antisocial personality). Collectively these are considered as risk factors for offending
(re-offending). While we can change the number of priors someone already has, all of these other items
can be addressed. These are considered as criminogenic needs. Criminogenic needs are items that when
changed, can lower an individual’s risk of offending. This is a core component of Paul Gendreau’s (1996)
principles of effective intervention, and are at the heart of most modern effective rehabilitation programs.
2 Additionally, thousands of offenders have been assessed on these items, which has helped to develop
evidence-based rehabilitation practices. These are efforts that are based on empirical data about offenders.
When these criminogenic needs are addressed, higher-risk offenders demonstrate positive reductions in their
risk to offend.
Over the last 40 years, efforts to change these characteristics, in order to reduce offending have been
varied. One of the most useful approaches to changing the antisocial attitudes and behaviors of offenders
has come in the form of behavioral and cognitive behavioral change efforts. Cognitive behavioral change
for offenders is based on the concepts that the behaviors that one exhibit can be changed by changing
the thinking patterns behind (before) the behaviors are exhibited. That is (criminal) behavior is based on
cognition, values, and beliefs that are learned vicariously through the interactions and observations of others.
It is especially relevant since we are receiving individuals from prison, where these ideas, peers, values, and
beliefs may dominate the institution. For a more detailed explanation, please see https://www.apa.org/ptsdguideline/
patients-and-families/cognitive-behavioral.pdf.
Today, evidence-based rehabilitative efforts are now used as benchmarks when establishing programs that
are seen as effective, versus ones that show little to no (or even negative) results. Rehabilitation programs
that follow these principles of effective intervention are showing that they can achieve these three goals of
corrections (punishment, societal protection, and offender change). In fact, the U.S. Federal Government has
a section of the National Institute of Justice devoted to these evidence-based practices, and what programs
are seen as effective, promising, and not effective. This site is called “CrimeSolutions,” and can be visited
at https://www.crimesolutions.gov/. This resource provides invaluable information for individuals making
decisions on what works for offenders and is based on empirical studies of hundreds of different approaches.
2. Gendreau, P. (1996). Principles of effective intervention with offenders. Choosing correctional options that work: Defining the demand and evaluating the
supply, 117-130, Alan T Harland, ed. — See NCJ-158983) https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=158988
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8.6. Prisons and Jails
DAVID CARTER
Learning Objectives
This section focuses on prisons and jails in the United States. We start with a brief historical account of prisons
and jails in America. We then turn to our current situation of prisons and jails, to include types, function, and
volume. After reading this section, students should be able to:
• Understand the emergence of prisons and jails in the United States
• Recognize the different types of jails
• Recognize the different types of prisons
Critical Thinking Questions
1. Explain the operational process of most jails in the United States today. Where does this come from
historically?
2. How does the difference in the type of jail influence how the jail is managed?
3. Explain the similarities and differences in the two early types of prisons in the United States.
4. Explain the current operational process of most State prisons in the United States today. Where does
this come from historically?
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8.7. A Brief History of Prisons and Jails
DAVID CARTER
The Growth of Jails in the United States
The concept of a jail (GOAL – old English spelling) is yet another concept that we have carried with
us from Western Europe (England, etc…) when the United States was first forming. Spawning from the
County-level establishment and management of jails in England, these have largely been run by County
Sheriffs in the United States, ever since we began to have them. They have had various names, depending on
their function and use, such as Bridewells, and Workhouses. Pictured below is what is commonly accepted
as the first “built” structure to house individuals that have been processed through the courts, the Walnut
Street Jail. Opening around 1790, this facility housed both jail inmates, and at some points in time convicted
offenders.
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Goal_in_Walnut_Street_Philadelphia_Birch’s_views_plate_24_(cropped).jpg
Later, labeled as a prison (as depicted by the historical marker below), the Walnut Street Jail was a blueprint
for later prison construction, which we discuss in the latter half of this chapter.
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Walnut Street Prison Historical Marker
As the United States began to populate, county lines began to be drawn up for States earning Statehood.
Sheriffs began to police their Counties, and also be responsible for managing the lower level infractions
(misdemeanors) within their jurisdictions. Thus, County Jails began to flourish in the United States. Initially,
many jails were nothing more than parts of a Sheriff’s office, literally, cells in the back room. Today, large
structures (even multiple structures in a single county) constitute jails in the United States. Overall, we have
seen changes in the growth of jails in the United States. While we were certainly growing in the number of
jails as States gained Statehood, there has been a shift in jails structures. The vast majority of jails are small in
size, but the smaller number of larger jails hold more individuals. As can be seen in a report from Cahalan
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and Parsons (1986), and reports by Harrison and Beck of the Bureau of Justice Statistics (2005), the numbers
of jails has changed immensely. 12
Table 2-1 Jails in the United States
This is due to a variety of reasons, to include: inclusion or exclusion of Youth Facilities, Native American
Facilities, Privately Owned Facilities, and reporting structures (who reports a jail in a given year). Based on
these fluctuations, it is difficult to get an exact count of jails each year. However, it appears that there are
roughly 3,300 jails in the United States today.
1. Cahalan, M. W., & Parsons, L. A. (1986). Historical corrections statistics in the United States, 1850-1984. U.S. Department of Justice.
https://www.bjs.gov/content/pub/pdf/hcsus5084.pdf
2. Harrison, P. M., & Beck, A. J. (2005). Prisons and jail inmates at midyear, 2005.BJS Bulletin. https://www.bjs.gov/content/pub/pdf/pjim05.pdf
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8.8. Types of Jails
DAVID CARTER
Jails vary greatly in function and size. For example, the vast majority of jails hold less than 50 jail detainees
each (roughly 2,000 jails). Yet, the 50 biggest jails hold over half of the total number of detainees, more than
350,000 in the 50 biggest jails. 1 For example, Los Angeles County Jail is actually a system of buildings spread
across LA County, which includes the Inmate Reception Center, North Facility, South Facility, LOMA,
Twin Towers, Men’s Central, just to name a few of the facilities. For a more detailed description of the jail
facilities in L.A. County Jail, please see http://shq.lasdnews.net/pages/tgen1.aspx?id=as1.
While most jails are run by County Sheriff, there are some jails that are managed by cities or jurisdictions.
For example, Chicago, New York, Philadelphia, and Washington D.C. all have their own jails, which are
not managed directly by the county in which they reside.
Jails also vary by how they are designed. While there are others, jails can be separated into two broad types,
the older generation, and the new generation. Older generation jails are jails that are typically linear in
design, with cell doors separating rooms or sections down long corridors. Many jails operate with this design.
Newer generation jails are more podular in design, where multiple cells face a central area. Additionally,
when these podular designs are used, a direct supervision approach is also often used. Direct supervision is
where there are no particular barriers between the deputies and the detainees within a facility. For example,
the image below depicts what a direct supervision jail may look like.
New Generation Jail Design
1. Minton, T. D. (2012). Jail inmates at midyear, statistical tables. U.S. Department of Justice. https://www.bjs.gov/content/pub/pdf/jim11st.pdf
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As you can see in the image, the operational booth (immediate left) is open to access the day area or common
area, and the doors of the cells for this jail section open to this space. Below is an image of the older
generation, linear style of jail. This typically uses the indirect supervision approach.
Older Generation Jail Design
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8.9. Who Goes to Jail?
DAVID CARTER
One of the more fascinating aspects of jails in the United States is who gets placed in them. The short answer
is everyone. Whenever someone is arrested, this typically starts their process in the criminal justice system.
While it might not be the first time they have been arrested, this action places them en route to a jail. Thus,
jails are a collection point for many differing agencies, to include: County Sheriff’s Office, Municipal, local,
City – Police. State Police may send individuals directly to jail, even Federal agencies may use a local jail
as a point of entry. For example, ICE (immigration and customs enforcement) houses many thousands of
ICE-holds in jails across the country. Jails hold all kinds of individuals. While this list is not comprehensive,
it does present many of the types of people held in jails:
• Felons and Misdemeanants
• First time and repeat offenders
• Those awaiting arraignment or trial
• Accused and convicted
• Parolees stepping down from prison
• Juveniles pending transfer
• Those with mental illness awaiting transfer
• Chronic alcoholics and Drug abusers
• Those held for the military
• Those held for federal agencies
• Protective custody
• Witnesses
• Those in contempt of court
• Persons awaiting transfer to state, federal or other local authorities
• Temporarily detained persons
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As one can see from this list, there are many types of people in the 3,300 plus jails at any given time. In fact,
at any given point in time, there are 700,000 plus individuals within jails in the United States. This number
has steadily increased since the 1970s. While there have been some decreases in recent years, it generally
fluctuates around 725,000 to 750,000 jail inmates. However, this is only one portion of the people in jails.
It is estimated that roughly 11 million people process through America’s jails annually. Average lengths of
stay vary by jurisdiction, but a general average is that a person spends around 25 days in jail. As Wagner and
Sawyer (2018) depict in the picture below, the types of people in jail at a point in time is varied. 1
Snapshot of Individuals in Jail
Who goes to jail?
Probably one of the most notable items in the snapshot above is the proportions of individuals that are or
are not convicted. Roughly 63% of individuals in jails at any given time are not convicted. Other notable
groups are individuals held for other agencies. This could be a matter of processing time or allocations of bed
space. In all, it is relatively easy to see the volumes and different types of people that pass through a jail in this
graphic. Still, jails only make up one portion of the brick-and-mortar approach to punishment. Prisons are
the other large part.
1. Wagner, P., & Sawyer, W. (2018). Mass incarceration: The whole pie 2018. Available at the Prison Policy Organization
https://www.prisonpolicy.org/reports/pie2018.html
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8.10. Growth of Prisons in the United States
DAVID CARTER
As mentioned at the beginning of this section on jails and prisons, the Walnut Street Jail is recognized as
the first built institution in the United States to house individuals. Soon after, another prison was built, the
Eastern State Penitentiary (ESP), and it ran like a prison for nearly 150 years. Many of the prisons today
were first built on this idea of a separated penitent prison. Many of the cells in the prison (as depicted below)
would open to individual courtyards where individuals could look up and “get right with God,” hence the
concept of penitentiary (penance).
Eastern State Penitentiary Design
The State Penitentiary for the Eastern District of Pennsylvania, Lithograph by P.S: Duval and Co., 1855.
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Individuals in ESP spent much of their time in their cells, or in their own reflection yards, reading
the bible, praying, and always in silence. The solitude was also a way to serve penance. Shortly after the
implementation of ESP, another prison was built in New York, in 1819, named the Auburn prison. This
prison would become the leader of the second main prison style, the Auburn prison system. Many of the
facets of the ESP were in the Auburn, save one. Auburn utilized a congregate system, which meant that (still
in silence) the inmates would gather to do tasks or work.
Prison Growth in the United States
Proliferation1900-2000
This concept of labor eventually replaced the ideals of constant solitude. The congregate system took hold as
the dominant model for many prisons, and many states began to model their prisons on the Auburn prison.
Notably, Auburn was also the prison where the first death by electric chair was executed in 1890. Today,
there are roughly 1,700 State or municipal prisons in the United States. As the images demonstrate, it is clear
that many of the prisons in the U.S. have been built more recently.
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8.11. Types of Prisons
DAVID CARTER
Prisons in the United States can be parcelled out by jurisdiction and by intensity. By jurisdiction, this is
referring to who manages the prisons. A prison warden is generally considered the managerial face of the
institution. However, a prison warden and the prison itself is usually within a much larger organizational
structure. Although not always, these are usually separated by State. There are a few jurisdictions not at the
State level that manage or operate prisons. This includes places like New York, Chicago, Philadelphia, and
Washington D.C. Puerto Rico (not a State) also has a prison, as does the U.S. territory of the Virgin Islands.
State Prisons
The normal label for the organizational structure of prisons in a particular State is often called Departments
of Corrections and are run by a Director, who is usually appointed by a Governor. For example, in
Oregon, it is the Oregon Department of Corrections, and Director Peters is the current head of this
organization (2012-present). The Oregon Department of Corrections currently overseas 14 State prisons.
More information about the ODOC can be found here: https://www.oregon.gov/doc/Pages/default.aspx.
California has the California Department of Corrections, and Secretary Diaz is the head of this organization
(2018 to present). CDCR oversees 34 adult institutions. For more information about CDCR, see
https://www.cdcr.ca.gov/.
Federal Prisons
The Federal Bureau of Prisons was established in the early 1930s as a result of the need to house an
increasing number of individuals convicted of federal crimes. There were already some federal prisons in
place, but it was not until 1930 that the U.S. Congress passed legislation to create the BOP, housing it under
the justice department. Sanford Bates became the first Director of the Federal Bureau of Prisons (FBOP or
BOP), based on his long-standing work as an organizer and leader at Elmira Reformatory in New York. As
more federal legislation was passed, the need for more prisons became apparent.
Today, the BOP has 109 prisons, along with numerous additional facilities (camps) adjoining at these
locations. There are also military prisons, and alternative facilities, reentry centers, and training centers, that
are managed by the BOP. The federal prisons are separated into six regions., which include: the Mid-
Atlantic Region, the North Central Region, the Northeast Region, the Southeast Region, the South Central
Region, and the Western Region.
Within these regions are regional directors, which is similar to state-level directors of departments of
corrections. Below is a detailed map of the regions of the Federal Bureau of Prisons. As is depicted, there are
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several different types of facilities within each region. A central office is also designated for each of the six
regions. Click on the link in the annotation of the map to see it in a larger scale.
FBOP Regional Map
BOP Regional map
Private Prisons
The privatization of goods and services has long been a staple of state departments of corrections, as it
allows these organizations to subcontract specific tasks within their prisons. This includes services like food
and transportation services, medical, dental, and mental health services, education services, even laundry
services. As mentioned in the previous section on punishment, there was much ado about crime in the
United States in the 1970s and 1980s. This brought on an increased fear of crime and a more punitive state
within the United States. It was during this time that a small company known as Wackenhut, a subsidiary of
The Wackenhut Corporation (TWC) sought to privatize the entirety of a prison, not just services within the
prison. A second company, Corrections Corporation of America ultimately won the contract and became
the first privately owned prison in the United States (1984). Today, Core Civic (formerly Corrections
Corporation of America) runs approximately 128 facilities in the United States. 1 The GEO Group, the other
1. See Core Civic facilities map: http://www.corecivic.com/facilities
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primary private prison company runs 136 correctional, detention, or reentry facilities. 2 Pictured below,
roughly half of the 50 States in America use private prison industry prisons.
States Using Private Prison Industry
Private Prison State Map
Much debate has come from the incorporation of private prisons. The critics of private prisons denote
the lack of transparency in the reporting processes that would come from a normal prison. Still, others
tackle a bigger issue – punishment for profit. That is – while taxpayers ultimately pay for all punishment
of individuals, either at the State or Federal level, shareholders and administrators of the companies are
making money by punishing people, under the guise of capitalism. For a more in-depth review of this,
see a report presented by the Sentencing Project: https://www.sentencingproject.org/publications/privateprisons-
united-states/ and on NPR: https://www.npr.org/2010/10/28/130833741/prison-economics-helpdrive-
ariz-immigration-law
2. See Geo Group facilities map: https://www.geogroup.com/LOCATIONS
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8.12. Prison Levels
DAVID CARTER
Each of these jurisdictions of prisons also has varying degrees of intensity or seriousness. These are often
considered prison levels or classifications. Depending on the State, the BOP, or even in the private sector,
it is usually associated with the seriousness of the offenders that are housed within these institutions. For
example, many States have three classification levels: minimum, medium, and maximum. Some States have
a fourth level called super-maximum. Others call this close, or administrative level. The BOP has five levels,
minimum, low, medium, high, and unclassified. Although not a true designation, and would be considered
an unclassified, administrative control, ADX Florence is a United States Penitentiary (USP) that would be
counted as a super-max. It houses the most dangerous individuals at the Federal level. Although not in
operation today, Alcatraz was probably the most famous Federal USP (also considered a super-max at one
point). It too housed the most dangerous federal inmates. Below are two images of this iconic prison, known
as the “rock.”
Alcatraz
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Alcatraz
Alcatraz in the Bay against the Backdrop of San Francisco
Alcatraz in the Bay against the Backdrop of San Francisco
Other States use a simple number designator to assign prison intensity, such as Level I, Level II, Level III,
Level IV, and sometimes Level V. While still, other States incorporate a Camp to their list of designations,
indicating a specific purpose within the low level, such as a Fire Camp. These types of camps are dedicated
to fighting fires. In all there are some basic concepts to point out for each type:
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Minimum – These prisons usually have dorm style housing, typically for only non-violent offenders,
with shorter sentences (or sentence lengths left after downgrading). The fencing or perimeters of these
types of facilities are usually low levels. The BOP generally refers to these as camps.
Low – These types of prisons are similar to minimums, to include some kind of dormitory style
housing. However, there are normally more serious or disruptive offenders in these types of prisons.
The fencing around the perimeter of these is generally higher, and maybe even a double fence.
Offenders are typically in these institutions for longer periods.
Medium – Here, there is a transition from dorm-style housing to cells. Normally, there are two
persons to a cell, but not always. The perimeter is usually a high fence, and may even have barbed
wire, or there are large walls surrounding the institution. Freedom of movement within the institution
is reduced, seen as privilege. Inmates here typically longer sentences, and include violence convictions.
High or Maximum – Similar to medium, but most of these offenders have violence convictions, and
longer sentences, including life. Many of these individuals will spend most of their day in a cell, and
more often than not, these are single occupancy.
Super-Max or Administrative Control – Depending on what the mission is for that particular
prison, the prisoners in these institutions could be vastly different. For instance, if it is a facility that is
designated for mental health, it would not operate the same as one that is a super-max. The super-max
facilities would have individuals in their cells for almost all of every day. Many services would come to
them at their cell, instead of them going somewhere (i.e., sick call), the cells would almost all be single
occupancy. Visitation of these inmates would be much more regimented and monitored. Most of these
individuals are also classified as extreme threats to the successful operations of the prison and are longterm
inmates (LWOP – life without the possibility of Parole).
Intake Centers – An intake center can be part of an institution, running alongside the normal
operations of an institution. The purpose of an intake center is to classify the offenders coming from
the various courts in the jurisdiction, post felony conviction. The offender has an initial classification,
where they are getting assigned to one of the jurisdiction’s prisons, based on a point system for that
agency. This assessment is looking at priors, prior and current violence, escape risk, and potential selfharm.
For example, Coffee Creek Correctional Facility in Oregon is their intake of prison. It also is the
women’s prison for Oregon. Inmates come to CCCF and are assessed, then shipped off to one of the
other institutions in Oregon (or placed in a level there if female). Inmates will gain later classifications at
their destination prison, in terms of work assignments, mental health status, cell assignments, and other
items.
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8.13. Who Goes to Prison?
DAVID CARTER
The types of people that end up in prison are quite different than individuals that go to jail. Almost all people
that go to prisons in the United States are people that have been convicted of felony-level crimes and will
be serving more than a year (or they could have multiple years on their jail sentence). To give you a more
detailed depiction of this, see the image below.
People Incarcerated in the U.S.
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People Incarcerated in the U.S.
Focusing in on the left side of the graphic, there are roughly 1,316,000 State Prisoners. Here we can see
the types of crimes that they are convicted of. A little over half (54-55%) are incarcerated for violent crimes.
Drug crimes and property crimes make up the next big sections for the state prisoners. When you add in
the federal prisoners (about 180,000) and the private sector prisoners (another 150,000+), territorial prisoners
(11,000), Indian Country prisoners (2,500), we start to see how that number changes to about 1,700,000
prisoners.
One of the more notable items here, and what is different from the jails, roughly 93% of the prisoners are
male. In jail, that number is roughly 85% male. While the total volume of prisoners has dropped slightly in
the last few years (since 2015), this following graphic shows that we have increased our number substantially
over the last 45 years.
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US State and Federal Prison population
This growth of the prison population will be discussed in greater detail in the final section on corrections,
Special Issues. However, in the next section, we will discuss where the largest volume of individuals under
correctional control resides, probation and community corrections.
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Assignment Instructions
Using Hypothesis, read and annotate Chapter 8 of the textbook.

You will annotate the text using the following guidelines:

Read the annotations from the professor, which may include just a highlighted word or sentence, a question, and/or a connection to another area.
You are welcome to add to existing annotations made by the professor or your classmates or create new annotations.
You should make a minimum of 5 (see below) annotations per chapter:

-Create two annotations that provide facts (definitions, explanations, etc) or images (maps, animals, etc)
-Create one that adds an insight (connect to another field or another topic)
-Create one annotation that asks a question
-Create one annotation regarding something you do not understand