Sentencing and Corrections
Week of 3-7-11
9 March
- Norval Morris was a University of Chicago guy, who was among
the first to study how prisons work from a legal perspective.
See also "The Brothel Boy."
- Maconochie's experiments were influential. The British evolved
ticketed "degrees" of freedom, which was the model for the
US parole system.
- Federal prisons: locally recruited guards and nationwide pool
of offenders (see, e.g., supermax in WV) can create tensions.
Also, the federal prison population is getting more violent
because of the war on drugs (i.e., not just white collar
criminals). Prisons tend to get built in rural areas, but
most prisoners come from urban areas: the guards may never
have seen these cultures or this level of violence.
- PREA: Prison Rape Elimination Act. Prisoners can't "consent,"
and also a lot of the abuse is trades between guards and
prisoners for contraband.
- "Good Time" credits are based on the notion that if people have
an incentive to behave well, they might just do so.
- National Geographic (or maybe Nova) has a program on the CO
supermax-- it's on solitary confinement. Get from NetFlix
instant.
- Check out also Courtroom 302.
- Public opinion is the biggest obstacle to lasting prison
reform. Maybe this would be better handled by a non-elected
bureaucracy, because of that pressure.
- Does compliance with prison rules have anything to do with
ability to comply with societal norms? Probably not. Likewise,
we know that prisoners, disproportionately (though not
exclusively) come from backgrounds including abuse and
neglect. So we know if we do bad things to people, they
in turn do bad things. Do we honestly believe that doing
more bad things to these people will fix the problem?
- Think about the length of the criminal procedure: whatever
positive effects punishment might have are diluted by
distance in time. Punishing quickly and consistently
might have more positive effects than punishing inconsistently
and to a high degree.
- A lot of parents would never respond to their own kid screwing
up the way they'd want the criminal justice system to respond
to somebody else's kid screwing up. Not just because it's
their child, but because they can see it's counterproductive.
- Contrary to expectation, court-ordered treatment for addictions
has some degree of success.
- Ordinary Injustice is another good book.