Legitimacy in corrections

Research Summary
To extend research on legitimacy to the correctional system, we study a sample of 202 adult inmates randomly assigned to serve their 6-month sentence at one of two institutions—a traditional prison or a military-style correctional boot camp. Findings show that perceptions of justice system legitimacy changed during the course of incarceration, that the prison (but not the boot camp) proved delegitimizing, and that certain regime characteristics explained why.
Policy Implications
Across academic disciplines, studies continue to link compliance with perceived legitimacy. Compliance with the law, for instance, is related closely to the legitimacy of the justice system and its actors. These findings suggest implementing legitimacy-building policies such as procedurally fair treatment and decision making by police officers and judges. This article, by finding legitimacy to be malleable even at the final stage of the justice process, proposes the efficacy of similar policies in the correctional system. As research from England and Wales has shown, legitimizing strategies in this context could increase compliance both during and after incarceration.     

Islamic courts and corrections

This paper explores Islamic Criminal Law and Procedure. There are some differences among Islamic states but these differences are relatively minor. Muslims are tried in Sharia Courts for offenses found in the Quran. Non‐Muslims can not be held to the same standard (Apostasy). All people are subject to the jurisdiction of Mazalim Courts which handle taxation, traffic, and other administrative functions.

Islamic Law has three major divisions of crime: 1. Hadith Crimes (most serious); 2. Quesa Crimes and Diya (restitution); and 3. Tazir Crimes (least serious).

Islamic Law has many similar “defenses to crime” as the Common Law nations. They use puberty of a juvenile as the age of accountability. Police must obtain a search warrant for property. The punishment philosophies are similar to western views in theory, but they do apply these ideas in much different ways. Many punishments are public and done as a deterrent for others. Islamic judges have more freedom for sentencing options than western judges. They have mandatory sentences for only a few of the most serious Hadith Crimes. Some in the popular media point to the harshness of Islamic Law, and conclude that it must be wrong. They have very low crime rates and few social problems. We conclude that Islamic Law is not wrong, only different.     

Changing approaches to corrections

A new training program was developed for correctional officers and other new employees. The training was designed to focus on a positive philosophy toward rehabilitation rather than emphasizing techniques for managing inmates. Attitude questionnaires were developed to test attitudes on treatment and security. The questionnaire was administered before and after the training to determine changes in attitude. The trainees' attitudes were compared to those of college students who had completed an internship. There was a significant difference in the attitudes of employees before training and after training. There was also a significant difference in attitudes of interns and employees before training but not after the employees had been trained.     

Community corrections diversion in Colorado

Rates of commitment in Colorado counties were examined over time, and a cross-sectional sample of convicted adult offenders was analyzed to determine if offenders are being diverted from incarceration in the State of Colorado. Results vary by county as to whether actual diversion or widening of the net occurs. The end result of the placement process, however, appears to be that diversion from incarceration is taking place for most offenders sentenced into community corrections.     

Therapeutic community treatment programming in corrections

Abstract

This paper contrasts the American TC model with that of the United Kingdom, presents an overview and history from 1965 to the present of Therapeutic Community (TC) treatment as applied in the United States particularly to drug using offenders, and it details findings from five scientifically sound studies that this kind of treatment during custody for incarcerated drug using offenders is effective in reducing drug abuse and recidivism. A final section presents the therapeutic principles derived from North American TC research and practice conducive to altering addict-offender lifestyles and improving the likelihood of a positive outcome.     

Mental health performance measurement in corrections

Correctional facilities have become, by default, one of the largest providers of mental health care for patients with serious mental illness. In its 2002 Report to Congress, the National Commission on Correctional Health Care has reported that most facilities do not provide quality mental health care, nor do they conform to nationally accepted guidelines for mental health screening and treatment. This article describes the product of a consensus panel of correctional health care experts, charged to develop performance measures, based on nationally accepted standards, for selected elements of psychiatric treatment behind bars, aimed to improve the quality of care. Performance measures were developed for medication adherence, suicide prevention, mental health treatment planning, and sleep medication usage.     

Cynicism: A factor in corrections work

Cynicism has long been known to be a characteristic in police work. A research study was undertaken to determine levels of cynicism commonly found among corrections workers. A twenty-question cynicism test, based on the one used by Niederhoffer in his study of New York City police officers, was used, but it was modified to fit the correctional setting. Results indicated a moderátely high level of operating cynicism in corrections officers, especially in those who work in “treatment” institutions.     

The correctional orientation of community corrections: Legislative changes in the legally prescribed functions of community corrections 1992–2002

Over the years, the prevailing correctional orientation in the United States has shifted back and forth between punishment and rehabilitation. These changes in correctional ideology are typically marked by differing sentencing practices and changing criminal justice research agendas. On the other hand, how corrections is legally mandated to operate is less understood. In 1993, Johnson, Dunaway, Burton, Marquait, and Cuvelier assessed the legally prescribed functions of community corrections for all 50 states and classified them as either reform or control oriented functions. They concluded the majority of states were primarily reform oriented. In this study, we replicate Johnson et al.’s (1993) methods using the statutes from all 50 states in 2002. However, we classified our findings, as well as recoded Johnson et al.’s (1993) findings, into punishment or rehabilitation functions. We make comparisons between 1992 and 2002 for the purpose of assessing where legally mandated orientation of community corrections stands today on the punishment/rehabilitation debate.     

Application of personal telemonitoring to current problems in corrections

The first electronic monitoring system in corrections was developed in 1964. It was used as an alternative to the incarceration of parolees and mental patients. More recently, with rapid advances in communications technology and data management, personal telemonitoring systems are being developed at several locations in the United States and other countries. Current case law suggests that at least some types of electronic monitoring may be legally permissible when they are used to verify compliance with other acceptable conditions of probation or parole and have demonstrated therapeutic effectiveness. Three major correctional objectives may be achieved through the use of telemonitoring systems: (1) reduced correctional costs, (2) extended protection of the public, and (3) improved rehabilitation of offenders. Considerations should now be given to the important legal and social issues involved in the large scale use of telemonitoring.