AJ 240: Punishment

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AJ 240 Punishment CorrectionsSpring Term 2007

• Agenda May 2, 2007
• 3 strikes discussion
• Offenders (Part I)

• MW 1600-1750 Instructor Robert Swan RM SBII
  RM 247

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• Offenders

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BJS Statistics

• In 2004, U.S. residents age 12 or older
  experienced approximately 24 million crimes,
  according to findings from the National Crime
  Victimization Survey.
• -- 77 (18.6 million) were property crimes
• -- 21 (5.2 million) were crimes of violence
• -- 1 were personal thefts.
• In 2004 for every 1,000 persons age 12 or older,
  there occurred
• --1 rape or sexual assault
• --2 assault with injury
• --2 robberies
• Rape (does not include prison rapes)
• 91 of forcible rapes, victims were female
• 8.7 of forcible rapes, victims were male
• 0.8 of forcible rapes, victims and offenders
  were female
• Race and Rape
• Victims of rape were evenly divided between
  whites and blacks
• In 88 of forcible rapes, the victim and offender
  were of the same race.

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Which is a more serious crime in Oregon?

• Sexual assault of an animal or failure to pay
  child support?

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types of offenders
long-term
elderly
situational
AIDS
special correctional populations
career
mentally handicapped
sex
mentally ill
substance abuser
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situational offender

• a person who in a particular set of circumstances
  has violated the law, but who is not given to
  criminal behavior in normal circumstances and is
  unlikely to repeat the offense

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Situational offenders

• Prison life
• Not much correctional managers can do to
  rehabilitate these offenders.
• Offenders need to simply serve their time.
• Cope with the crisis of imprisonment

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Career criminal

• a person who sees crime as a way of earning a
  living, who has numerous contacts with the
  criminal justice system over time, and who may
  view the criminal sanction as a normal part of
  life

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Career Criminal

• Prison life
• An overbroad generalization about what is a
  career criminalmany simply commit multiple
  crimes to exist, obtain drugs feed addictions
  etc. It is not a career in the traditional
  sense.
• Incapacitation may not be the only answer job
  training, drug treatment etc.
• predatory sentencing laws have contributed
  greatly to prison overpopulation.

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sex offender

• a person who has committed a sexual act
  prohibited by law, such as rape, child
  molestation, or prostitution, for economic,
  psychological, and even situational reasons

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Rape

• Prison life
• Segregation, at risk for physical and sexual
  assault from other inmates.
• Huge security risk for correctional managers.

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Child Molestation

• Prison life
• 90 of child molesters abused as children.
• Segregation, at risk for physical and sexual
  assault from other inmates.
• Huge security risk for correctional managers.

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Prostitution

• Prison life
• Legally a sex crime. However, most people
  consider it more of an economic crime than
  anything else.
• Prostitutes typically have had abusive childhoods
  within very dysfunctional families.
• Low priority for corrections.

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Incidence of Sexual Assault per every 1000
children 12-17 fell 79 from 1993-2003 Incidence
for all ages fell 39 (NCVS) Why?Greater
detection, arrest and longer incarceration of
offenders greater ability to screen and
differentiate between offenders more therapy and
use of psychiatric drugs, economic improvement
and heightened public concern.

• 551,000 registered sex offenders in the U.S.
• Megans Law (based on the 1994 abduction of Megan
  Kanka, N.J.) States required to provide
  information to the public on offenders
  addresses. (not necessarily active notification).
• 40 kids molested by strangers report crime 10
  molested by people they know report crime.
• However, kids less likely to be abducted by
  strangers and even less often killed.
• Only a tiny fraction of all abuse cases end in
  murder of the 60-70,000 arrests for sex crimes
  every year, about 40-50 involve homicide
  (homicide stats are the most reliable).
• Sex offenders had the lowest recidivism rate
  among all categories of criminal offenders. WHY?
  Relapse prevention programs, group therapy,
  individual cognitive therapy anti-depressants.
  Like alcoholism, you cant really cure it but you
  can treat it. (Berlin, 2005, Sexual Disorders
  Clinic, Johns Hopkins University)

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Who is a sex offender in Oregon?
Nationally most sex offenders are male and the
majority of victims female

• Oregon Who MUST Register Adults and juveniles
  convicted or adjudicated of the following crimes
• Rape in any degree
• Sodomy in any degree
• Unlawful sexual penetration in any degree
• Sexual abuse in any degree
• Incest with a child victim
• Using a child in a display of sexually explicit
  conduct
• Encouraging child sexual abuse in any degree
• Transporting child pornography into the state
• Paying for viewing a child's sexually explicit
  conduct
• Compelling prostitution
• Promoting prostitution
• Kidnapping in the first degree if the victim was
  under 18 years of age
• Contributing to the sexual delinquency of a minor
  
• Sexual misconduct if the offender is at least 18
  years of age
• Possession of materials depicting sexually
  explicit conduct of a child in the first degree
• Kidnapping in the second degree if the victim was
  under 18 years of age, except by a parent or by a
  person found to be within the jurisdiction of the
  juvenile court
• Any attempt to commit any of the above crimes (a)
  to (p)

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substance abuser - drugs

• a person whose use of illegal chemical substances
  disrupts normal living patterns to the extent
  that social problems develop, often leading to
  criminal behavior

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drugs and crime
of convicted jail inmates (for selected
offenses) who committed their offense to support
a drug habit
of total inmates
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substance abuser - alcohol

• a person whose use of alcohol is difficult to
  control, disrupting normal living patterns and
  frequently leading to violations of the law while
  the person in under the influence of alcohol or
  attempting to secure it

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mentally ill offender

• a disturbed person whose criminal behavior may
  be traced to diminished or otherwise abnormal
  capacity to think or reason as a result of
  psychological or neurological disturbance

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deinstitutionalization

• the massive release of mental patients from
  mental hospitals and their return to the community

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mentally handicapped offender

• a person whose limited mental development
  prevents their adjustment to the rules of society

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AIDS offenders

• persons who in the course of their lives inside
  or outside of prison have contracted the human
  immunodeficiency virus (HIV) and/or developed its
  full-blown symptomatic stage -- acquired immune
  deficiency syndrome (AIDS)

issues
medical care
prevention
housing
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elderly offender

• older offenders are becoming an increasingly
  significant part of the correctional population
• WHY?
• citizenry are getting older
• sentences are getting longer
• ISSUES
• health (cost 69,000/yr. for inmate gt 60)
• institutionalization is dramatic for elderly
• elderly pose a less serious risk upon release so
  they are often released early

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long term offender

• increasingly, offenders are doing longer terms,
  creating same problems as those related to
  elderly offenders
• 1st-time offenders do an average of 22 mo.
• 11 - 15 will serve gt 7 yr.
• 24 will serve gt 25 yr.
• 9 will serve life
• ISSUES
• elderly problems
• create meaningful living
• maintain contact with outside world

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classification systems

• specific sets of objective criteria--such as
  offense history, previous experience in the
  justice system, substance abuse patterns--are
  applied to all inmates to determine appropriate
  institutional housing and treatment programs

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Correctional classification
classification criteria
social political pressures!
program treatment needs
commitment offense
risk of future crime
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debate over classification criteria
program treatment needs
institutional control needs
vs.
how to help the offender
how to manage the institution