The questions to be answered are indicated in bold. Below each question, I have submitted the answers, which each question needs to be summarized into a least two or three paragraphs.
(Note: Neither references nor resources are needed).
In what major ways do jails differ from prisons in their organizations and administration?
The mission of most prisons is to provide a safe and secure environment for staff and inmates, as well as programs for offenders that can assist them after release. The typical organization of the central office within the state government, which oversees all prisons within its jurisdiction. Office of the Director - Each state normally has a central department of correction that is headed by a secretary. The prison director sets policy for all wardens to follow in terms of how the institution should be managed and inmates treated (with regards XXXXX XXXXX custody and treatment). In addition to the director, the staff within the Office of the Director includes public or media affairs coordinators, legislative liasons, legal advisers, and internal affairs representatives. Legal divisions, typically composed of four to six attorneys, responds to inmate lawsuits, reviewing policies for its legal impact, and offering general advice regarding the implementation of programs in terms of past legal actions. The administrative division collects information from all the state's prison, other divisions, and the governor's office to create a budget that represents ongoing operations and desired programs and growth.
Security staff wears military style uniforms; a captain normally runs each 8 hour shift, and lieutenants often are responsible for an area of the prison; sergeants oversees the rank-in-file correction staff. The unit management concept originated in the federal prison system in the 1970s and now is used in nearly every state to control prisons by providing a "small, self-contained, inmate living and staff office area that operates semi-autonomously within the larger institution. The purpose of the unit management is twofold: to decentralize the administration of the prison and to enhance communication among staff and between staff and inmates.
The education department operates the academic teaching, vocational training, library services, and sometimes recreation programs for inmates. An education department is managed similarily to a conventional elementary or high school, with certified teachers for all subjects that are required by the state department of education or are part of the GED test. Prison industries are legislatively chartered as separate government corporations and repor directly to the warden because there is often a requirement that the industry be self-supporting or operate from funds generated from the sales or products. Generally, no tax dollars are used to run the programs, and there is strict accountability of funds.
Correction administrators report that joint ventures provide meaningful, with a readily available and dependable source of labor, as well as the partial return to society of inmates earning to pay state and federal taxes, offset incarceration costs, contribute to the support of inmates' families, and compensate victims. Different types of of business relationships have been developed. In the personnel model, prisoners are employed by the state division of correctional industries, which in turn charges the companies a fixed rate for their labor. In the employee model, the company employs the inmates, and private companies own and operate their prison-based businesses, with prison officials providing the space in which the companies operate as well as a qualified labor pool from which the companies hire employees. In the customer model, the company contracts with the prison to provide a finished product at an agreed-on price. The correctional institution owns and operates the business that employs the inmates.
Across the US, approximately 3,316 jails are locally administered. Their organization and hierarchial levels are determined by several factors: size, budget, level of crowding, local views on punishment and treatment, and even the level of training and education of the jail administrator. The administration of jails is frequently one of the major tasks of county sheriffs. Several writers have concluded that sheriffs and police personnel see themselves primarily as law enforcers first and view the responsibility of organizing and operating a jail as an unwelcome task. Therefore, their approach is often said to be at odds with advanced corrections philosophy and trends.
According to Dilulio, what are some major principles of successful prison administration?
Beginning in the 1940s, however, an ideological shift from studying prison administrators to studying inmates occurred. The central reason for the shift seems to have been that prisons were poorly managed or were what prison researcher John J. Dilulio Jr. referred to as "ineffective prisons." Prisons that are managed in a tight, authoritarian fashion are plagued with disorder and inadequate programs; those that are loose, participative fashion are equally troubled; and those with a mixture of these two styles are no better.
In a 3 year study of prison management in Texas, Michigan, and California, however, Dilulio found that levels of disorder (rates of individuals and collective violence and other forms of misconduct), amenities (availability of clean cells, decent food, etc.), and service (availability of work opportunties and educational programs) did not vary with any of the following factors: a higher socioeconomic class of inmates, higher per capita spending, lower levels of crowding, lower inmate/staff ratio. Greater officer training, more modern plant and equipment, and more routine use of repressive measures. Dilulio concluded that "all roads, it seemed, led to the conclusion that the quality of prison life depends mainly on the quality of prison management.
Dilulio also found that prison managed by a stable team of like-minded executives, structured in a paramilitary, security-driven, bureaucratic fashion, had better order, amenities, and service than those managed in other ways, even when then the former institution were more crowded, spent less per capita, and had higher inmate/staff ratio: "The only finding of this study that, to me at least, seems indispensable, is that...prison management matters" (emphasis in the original).
Studies analyzing the causes of major prison riots found that they were the result of a breakdown in security procedures - the daily routine of numbering, counting, frisking, locking, contraband control, and cell searches - that are the heart of administrattion in most prisons. Problems such as crowding, underfunding, festering inmate/staff relations, and racial animousities may make a riot more likely, but poor management will make a riot inevitable.
Dilulio offered six general principles of good prison leadership:
- 1. Successful leaders focus, and inspire their subordinates to focus, on results rather than process, on performance rather than procedures, on ends rather than means. In short, managers are judged on results, not excuses.
- 2. Professional staff members - doctors, psychiatrists, accountants, nurses, and other non-uniformed staff - receive some basic training and come to think of themselves as correctional officers first.
- 3. Leaders of successful institutions follow the management by walking around (MBWA) principle. These managers are not strangers to the cellblock and are always on the scene when trouble erupts.
- 4. Successful leaders make close alliances with key politicians, judges, journalists, reformers, and other outsiders.
- 5. Successful leaders rarely innovate, but the innovation they implement are far-reaching and the reasons for them are explained to staff and inmates well in advance. Line staff are notoriously sensitive to what administrators do "for inmates" versus "what they do for us." Thus, leaders must be careful not to upset the balance and erode staff loyalty.
- 6. Successful leaders are in the office long enough to understand and, as necessary, modify the organization's internal operations and external relations. Dilulio used the term flies, fatalists, foot soldiers, and founders. The flies come and go unnoticed and are inconsequential. Fatalists also serve brief terms, always complaining about the futility of incarceration and hopelessness of correctional reforms. The foot soldier serve long terms, often inheriting their job from a fly or fatalist, and make consequential improvements whenever they can. Founders either create an agency or recognize it in a major or positive way.
To summarize, to "old" penologists, prison administrators were admirable public servants, inmates were to be restricted, and any form of self-government was echewed. To "new" penologists, prison administrators are loathsome and evil, inmates are responsible victims, and complete self-government is the ideal. Dilulio called for a new old penology, or a shift of attention from the society of captives to the government of keepers. He asserted that tight administrative control is more conducive than loose administrative control to decent prison conditions. This approach, he added, will "push administrators back to the bar of attention," treating them at least as well as their charges.
What are some primary substantive and administrative issues facing corrections administrators?
We briefly examine some substantive (e.g., overcrowding and problems involving the inmate population) and administrative (budgeting, human resource management, planning, and projecting for the future issues). Then selected administrative issues in the institutional setting are disccussed that concern certain offender populations: sexual violence, whether or not inmates should be issued condoms; hostage taking in detention facilities; mentally ill inmates; whether or not attack dogs should be employed; the impact of three-strike laws on jails and prisons; and using inmates classification for security and treatment.
First, political and judicial involvement in correctional policy and practice are strong influences. Second, correctional agencies now use a large percentage of the public budget of the federal, state, and local governments. Finally, because of the extensive media coverage of high-profile crimes and sentencing practices, citizens have developed a strong interest in and opinion of criminals' treatment. To be successful, correctional administrators must be some of the best in government service because many practical administrative correctional issues confront them. Those may be divided into two broad categories: substantive and administrative.
Substantive correctional issues involve matters and knowledge that are specific to the practice and profession of corrections, including factors such as dealing with increasingly over-crowded prisons and managing prisoners who are serving extremely long terms. Both prison and community correctional staff must deal with offenders who are now younger, more violent, and more likely to be associated with gangs. Increases in the number of prisoners in state and federal institutions present several issues for administrators: predicting which offender catergories will grow and by how much, developing management policy for the expected increase (e.g., added beds space or diversion of offenders), creating public and political support for the approach, and implementing plans for managing the increased number of offenders. Long sentences, due to adopted three-strike law enacted by Congress and state legislatures, present administrators with several formidable problems because of the diversity of the prison population and the severity of offenses that result in these lengthy sentences. Not only must correctional administrators determine the appropriate design and construction of prisons to house these inmates, but they must also look at how these longer sentences affect traditional approaches to inmate discipline and rewards to promote safe environments for staff and other inmates.
Proponents of longer sentences argue that such sentences maximize the correctional goals of incapacitation and deterence; they suggest that these longer sentences effectively reduce crime and therefore justify the significant increase in the number of inmate. Opponents, however, argue that this increase in prison terms creates collateral issues and unintended social consequences, such as the recruitment by seasoned offenders of younger individuals to replace those criminals arrested and incarcerated, and the deterioration of the family that results from removing the parent-aged male offender from the home. Richard Seiter observed, "Many more offenders are dealing with medical and mental health issue."
The administrative issues that must be confronted by today's corrections leaders include budgeting, human resource management, planning, and projecting the future, politics, and the Eighth Amendment (which prohibits cruel and unusual punishment). As budgets have grown, demanding a larger share of governmental resources, political scrutiny has increased. The challenge for correctional administrators is two fold. First, they must convince elected officials that maintaining at least the same level of funding is essential and that this probably will need to increase as the numbers of offenders increases each year. Second, as the private sector becomes involved in operating correctional programs, competion developes, and public correctional administrators must ensure that their budgets are not out of line with the operating expenses of the private-sector companies.
Another complex administrative issue involves human resource management problems and challenges that result from rapid expansion, such as recruitment, training and staff development, professionizing staff , and labor relations. In periods of rapid growth, correctional agencies must add line staff, train them, and prepare them to take over challenging duties. The human resouces issues also include dealing with labor organizations.
A third administrative issue is planning for the future, which they now must prepare for more rapid change than dwell on the routine. Correctional administrators must constantly respond to changing circumstances in the internal and external environments, which includes interest groups outside the correctional organization, such as media, political supervisors, the legislature, other criminal justice and social service agencies, and a variety of interest groups that include victims and offenders' families. Correctional administrators must be proactive as well as reactive. Proactive responses usually result from a challenge to an established policy or the administrator's interest in changing policy. The administrator must be involved with education and coalition building. Reactive responses often result from a serious incident, such as prison escape, a serious crime committed by a parolee, a disturbance or riot, or a union picket or walkout. Bothe types of issues require considerable time, and require considerable patience, excellent communication skills, and a foundation of trust and confidence in the administrator by others.
How do you define ethics? What are examples of relative as well as absolute ethics?
Character and ethical conduct, for criminal justice personnel, means that they would never betray their oath of office, their public trust, or their badge. Character and ethics are "sine qua non" for these persons - without those attributes, nothing else matters. The term ethics is rooted in the ancient Greek idea if "character." Ethic involves doing what is right or correct and is generally used to refer to how people should behave in a professional capacity. Many people would argue, however, that no difference should exist between one's professional and personal behavior. Ethical rules of conduct should apply to everything a persons does.
A central problem with understanding ethics is the question of "whose ethics" or "which right." How individuals view a particular controversy largely depends on their values, characters, or ethics. Both sides of controversies believes they are morally right. Immanuel Kant, an 18th century philosopher, expanded the ethics of duty by including the idea of "good will." Richard Kania argued that police officers should be allowed to accept gratuities because such action would constitute the building blocks of positive social relationship between the police and the public. In this case, duty is used to justify what under normal circumstances would be considered unethical. Conversely, if officers take gratuitites for self-gratification rather than to form positive community relationships, then the action would be considered unethical by many.
Ethics usually involves standards of fair and honest conduct - what we call conscience, the ability to recognize right from wrong; and actions that are good and proper. There are absolute ethics and relative ethics. Absolute ethics has two sides: Something is either good or bad, black or white. Some examples in police ethics would be unethical behavior such as bribery, extortion, excessive force, and perjury, which nearly everyone would agree are unexceptable behaviors by the police. Relative ethics is more complicated and can have a multitude of sides with varying shades of gray. What is considered ethical behavior by one person may be deemed highly unethical by someone else. Not all ethical issues are clear- cut, however, and communities do seem willing at times to tolerate extralegal behavior if a greater public good is served, especially in dealing with problems such as gangs and the homeless. This willingness on the part of the community can be conveyed to the police. Ethical relativism can be said to form an essential part of the community policing movement.
A community's acceptance of relative ethics as part of criminal justice may send the wrong message: that there are few boundaries placed on justice system employees' behaviors and that, at times, "anything goes" in their fight against crime. For example, giving false testimony to ensure that a public menace is "put away" or the illegal wiretapping of an organized crime figure's telephone might sometimes be viewed as necessary and justified, though illegal. Another example is that many police officers believe they are compelled to skirt the edges of the law - or even violate it - in order to arrest drug traffickers. The ethical problem here is that even if the action could be justified as morally proper, it remains illegal. For many persons, however, the protection of society overrides other concerns.
The viewpoint - "the principle of double effect" - holds that when one commits an act to achieve a good end and an inevitable but intended effect is negative, the act might be justified. A long-standing debate has raged about balancing the rights of individuals against the community's interest in calm and order. These special areas of ethics can become problematic and controversial when police officers use deadly force or lie and decieve others in their work. Police can justify a whole range of activities that others deem unethical simply because the consequences results in the greatest good for the greatest number - the utilitarian approach. In the ends justified the means, perjury woud be ethical when committed to prevent a serial killer fromn being set free to prey on society. In our democratic society, however, the means are just as important as, if not more important than, the desired end.