Sentencing Controversies in Corrections

Goals of Punishment

Incapacitation Retribution Rehabilitation Deterrence

Sentencing Decisions

By the psychologist? Sentencing, commitment, parole, post-

sentence commitment Risk Assessment (Future Dangerousness &

Likelihood to Recidivate) Clinical vs. Actuarial assessments

Decision grid

PREDICTION

OUTCOME

VIOLENT NON-VIO

VIOLENT True Positive

False Positive

NON-VIO False Negative

True Negative

What are we really dealing with? Defining recidivism Arrest vs. Conviction

vs. Incarceration Type of re-offense Time followed

First offenders: 22.6% Generally rates go

from 26-69% recidivism on average (under 25% for those given probation) Recidivism rates were

not dropping in the 1990s

Current Recidivism

Note, does use most conservative measure: Re-imprisonment National Average down 5% (45-40)

Thought Question

True or false: Sex offenders have a higher rate of

recidivism than any other crime

Why do you believe what you believe? If you say “true” – what evidence do

you have? Likewise, if you say false, what evidence do you have?

Sex offenders

FALSE Research has shown that the recidivism rates

for sex offenders are much lower than for the general criminal population. Hanson and Bourgon (2004) in a study of 31,216 sex

offenders found that, on average, the observed sexual recidivism rate was 13%, the violent non-sexual recidivism was 14%. Meanwhile, general recidivism was 36.9%.

Higher rates for violent rapists (17.4% - but still well-below average for violent offenders generally)

2005

Taking into account type of sex offense

Marshall and Barbaree (1990) found in their review of studies that the recidivism rate for specific types of offenders varied:

Incest offenders ranged between 4 and 10 percent. Rapists ranged between 7 and 35 percent. Child molesters with female victims ranged between 10

and 29 percent. Child molesters with male victims ranged between 13

and 40 percent. Exhibitionists ranged between 41 and 71 percent. Keeping in mind that these recidivism rates were not

necessarily for another sex offense. Further, there was a wide variation in samples used. Clinical vs. General.

Why might recidivism rates be lower?

Depends on definition of recidivism Harder to convict

Depends on length of time followed Longer = better

Under-reporting of sex offenses No report = no arrest

Definition of “sex offender”/sample But even taking these factors into account…

Thought Question

True or false: Treatment for sex offenders is

ineffective.

Again, if you say “True” why do you believe this to be true (what

evidence do you have)? If you say “False” – why?

Sex offender treatment

True or false: Treatment for sex offenders is ineffective. Better for juveniles Can depend on type of

treatment But generally, at least

small significant differences found in meta-analyses (APA, 2002)

Perceptions Sex Offender Initiatives

Megan’s Law: Registry & Notification http://sor.mdps.state.ms.us/

Chemical Castration Involuntary Commitment Kansas v. Hendricks, 1997 Kansas v. Crane, 2002 “Serious difficulty in self-control”

Critiques of Commitment of Sex Offenders

Turning mental institutions into secondary prisons (therapists and orderlies are not corrections officers)

Cost is 3-8 times what it would cost to keep them in prison

Putting non-dangerous mentally ill persons in danger Sex is common (including transmission of STDs),

sometimes forced Criteria for determining commitment is ambiguous Often little to no treatment is afforded – sex offenders

are not homogenous where one “treatment” = fix Many people incarcerated have no treatable mental

illness Mental Institutions already over-crowded and under-

funded

Sentencing Decisions

By the psychologist? By the judge Disparate vs. Determinate

Sentencing Decisions

By judges… Disparities Tax Evasion & Credit Card Fraud 3 years, no fine? 20 years, $65,000 fine?

Judicial discretion = Vast Differences Greater perceived arbitrariness

Determinate Sentencing E.g. Three Strikes Rule

Sentencing Decisions

By the psychologist? By the judge Disparate vs. Determinate Incarceration (Prison or Jail) vs. Probation Minimum Security Maximum Security

Imprisonment The United States has a larger proportion of it’s population in

prison or jail than any other country. (almost 1 for every 100 people, over 2.3 million)

18% of Americans are in some stage of “punishment” 2009 first year to show decline in incarceration rate

Imprisonment Since the 1980’s

there has been a 76% increase in the prison population Largest increase

due to “war on drugs” Prison population

more than doubled between 1983 & 1993 60% of prisoners are

being held on drug-related offenses Three strikes also

contributes As does adult crime

= adult time Overcrowding

Cost of Imprisonment State correctional expenditures

increased 145% in 2001 constant dollars from $15.6 billion in 1986 to $39 billion in 2010

Federal prison expenditures increased 150% from $11.7 billion to $29.5 billion.

There has been a 30% increase in prison funding in the 10 years pre-recession

Cost approx. $27,134 a year per prisoner (twice as much as the average prisoner earning – a third of prisoners made less than $5000 a year) Higher rates for higher security $60,000 a year for prisoners over

55 Three times the cost to execute

Prison Conditions Health conditions

HIV/AIDS: 13 times higher New strains Rates of mental illness 3 times higher in prison population (1.25 million)

Drug use: 11% of prison population Suicide rates: 20 times higher (7.7 times higher than that for

juveniles) Rape: 1 in 5 men assaulted, 1 in 10 men raped (5 times higher for

juveniles) Typically non-violent first time offenders 7-27% rape rates in women’s prisons (by guards) Prison Rape Prevention Act of 2003

Assault: 56.7 – 71%, 10-21% resulting in medical attention Excessive force: Approx 12,000 cases filed a year

Murder: 4-10 per 100,000 inmates Higher for arsonists, parole violators, and kidnappers.

Psychological impact – Stanford Prison Study

Rehabilitation Treatment and Rehabilitation Only 40% of prisoners with substance abuse problems

receive treatment With treatment, recidivism rates decline 20-79% (CDC,

1999) Example: A recent California Bureau of Prisons

study showed that: of those inmates with a substance abuse need those who receive in-prison substance abuse treatment and aftercare recidivate at less than half the rate of those who receive neither (30.7 percent compared to 62.7 percent, respectively). In an Arizona study: Similar drops in recidivism

and 77.5% tested drug free. (Arizona first state to divert all non-violent drug offenders into probation.)

Rehabilitation Treatment and Rehabilitation Texas prison population over past five years shrink

attributed to rehabilitation and reforms “Specialty” courts for veterans, prostitutes, and those with

substance abuse issues Electronic monitoring Community-based probation for low-level offenders Has helped to close half of juvenile detention facilities

Expanded in-prison treatment programs Cost for probation & treatment, $16 a day

In Louisiana, Tulane ran a Project Return program 90 days, ex-inmate receives education, counseling, job

training, and job placement. Cost $2000 per inmate (compared to $63,000 for a year’s

sentence) 5.6% recidivism

Rehabilitation Only approximately 4.7-37% of prisoners with mental

illness receiving treatment Direct contact with a therapist is rare and mediated contact

occurs sometimes only once every 6 months. Only 231 prisons in the U.S. are licensed to provide mental

health care (out of approximately 1200 state prisons [153 private, 116 federal])

20% of male inmates – general population – receive some sort of therapy

18% decline in funding educational programs between 1980-2000 “Nothing works” attitude (Martinson, 1974) => similar declines in

rehabilitation funding Yet, new data shows success: In Ohio, inmates who completed

degrees via a Wilmington College program exhibited an 18% recidivism rate vs. the state average of 40%

In Boston, those completing a Boston University degree had a 5% recidivism rate

Effective Rehabilitation

1. Correct educational & job skill deficits 2. Change attitudes that promote criminal

behavior 3. Improve self-awareness and self-esteem 4. Enhance interpersonal skills 5. Reduce drug abuse 6. Reduce contact with deviant peers 7. Promote pro-social behavior

Sentencing Decisions

By the psychologist By the judge By the warden By the jury

Solitary The Issue of Solitary Confinement

Alternative to Rehab? Psychological impact

Loss of self-regulation, cognitive/social skills 25-50% rates of mental illness 1 out of every 10 solitaries in the

psychiatric shoe at some point during their segregation And there is a waiting list

Violence and Incarceration rates have only increased

Often decided by prison wardens http://www.youtube.com/watch?v=JInoR0h2nhM

Deterrence General v. Specific For punishment to effectively deter behavior:

1. Must be prompt 2. Certain to occur 3. Strong 4. Perceived as justified

Also, add that: No evidence that crimes are committed with

consideration of consequences Often emotional Drug or alcohol facilitated Sometimes without fear of harm to self And if rational = “rationalized” = not caught, not convicted, not

punished

Deterrence and the Death Penalty

Brutalization effects (Bailey, 1998; Bandura, 1986; Bowers, 1988; Bowers & Pierce, 1980; Huesman et al., 2003)

“In light of the massive amount of evidence before us, I see no alternative but to conclude that capital punishment cannot be justified on the basis of its deterrent effect.” Justice Marshall, U.S. Supreme Court, Furman v. Georgia, 1972

Other Issues with the Death Penalty

Innocents executed? Cost Racial inequity For the victims? Victim impact statements Public opinion Life, parole, restitution

Cameron Willingham, Executed February 2004 Exonerated August 2009

Thought Question: Prison Alternatives

Given the current state of our prison system, do you think changes are needed? If so, what changes? And what do you think might be viable alternatives to prison sentences? For example, some have suggested the following be used more often: Fines & Restitution – Monetary & Labor Probation House arrest Electronic monitoring Shock incarceration Intermediate sanctions with therapy Residential community corrections centers