discussion questions 270

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Please respond to discussion questions part 1 and 2 with a minimum of 150 words. You may use the internet, but the have a works cited page with apa format. Then respond to students A, B, C, and D response to the question with a minimum of 50 words. Students A and B will be part 1 discussion and Students C and D will be part 2 discussion.

Part 1 ( You can either answer each question individually or you can write a summary paragraph with an answer to each question, but make sure the total word count is 150 words:

What are prison subcultures, and how do they influence prison life? How do they develop and for what purpose do they serve?

How do women’s prisons differ from men’s? Why have womens prisons been studied less often than institutions for men?

What is the relationship between drug use and other social problems? What kinds of crimes might be linked to drug use?

What strategies have been used or suggested as ways of responding to the drug problem ? Which of these strategies seem to hold the most potential?

Would you be in favor of the decriminalization of any drugs that are currently considered to be federally controlled substances? If so, which ones and why?

Part 2:

What was the impact of the Gault decision on juvenile justice in America? What adult rights were not accorded to juveniles by Gault?

What other U.S. Supreme Court decisions have had a substantial impact on the handling of juvenile offenders by the justice system?

Student A (Dan):

An example of a prison subculture is a prison gang or group. The goal of the gang is to focus on the values and interests of their own within a closed environment and protect everyone in the group from both other inmates and guards. I believe they spawn from peer pressure and fear. It’s the behavioral patterns that copy other prisoners which is basically to “survive and thrive”. The text describes the life as primitive and I totally agree. It’s another world and how some individuals live outside of a cell, is drastically different than those that do. Humans are born to adapt to an environment and I believe these subcultures develop in response to that with the goal of creating some quality of life according to the environment presented to them and since it’s a different world, that environment is not like the public which is why rehabilitation is needed for those that get out.

Women’s prisons differ from men in a big way. One being possible paternal incarceration. The fact that some women maybe pregnant while incarcerated, changes a lot on how the prison system handles those individuals. The text also mentions violence is less often vs a male prison. The text also mentions that the number of women in jail number 12.3% of the country’s jail population and that can play a factor into why studies are more geared towards men although I do believe more should be done such as better rehabilitation and treatment for women inmates physically and sexually abused or with drug problems which the text describes as most women in prison today.

Drugs can result in isolation, irrational actions, causing individuals to commit crimes such as robbery, theft or burglary, even murder. If an individual is high-strung on a drug, they will try and do anything to get more of it especially a highly addictive drug such as cocaine or pharmaceuticals.

Interdiction from the federal, state, and local levels along with state-legislated responses such as the California Substance Abuse and Crime Prevention act of 2000 and the First Time Non-Violent Drug Offenders Act in Kansas are good ways to combat the drug problem in our great country. These types of legislation require treatment be given for drug use offenders. However, let’s not forget Project DARE and faith-based organizations. In my opinion, I believe faith-based, non-profits, and family interdiction would seem to hold the most potential at combating the drug problem. It brings the importance of getting clean down to the individual themselves and carries a greater amount of care vs interdiction programs ran by the government that the primary focus is to get the drugs off the street by apprehending the individual.

From what I’ve seen in my experience, I would be OK with legalizing the use of marijuana for medicinal purposes across the board for every state. Now some states already have legislation and some don’t regarding CBD or THC but if it’s for medicinal use, I would be totally on board because it is possible to remove the high effects from the raw bud itself. It has been proven to relieve muscle spasms and tension, epilepsy, decreases symptoms of Dravet’s Syndrome, slow progression of Alzheimer’s, decreases pain due to multiple sclerosis, helps arthritis discomfort, and the chemical within marijuana can stop cancer cells from spreading. I would NOT be OK with recreational use as everyone’s body reacts differently to its affects when they first use it and that can be potentially dangerous behind the wheel and no promise can be made that a first-time user will not get behind the wheel and drive. Any small trace of alcohol in the blood is against the law under GA code for DUI less safe laws because it’s been proven not everyone can handle alcohol the same. Not to mention the risk of laced drugs within cannibus buds.

Student B (Jonathan):

Prison Subculture is the behavior and way prison inmates act inside the facility. It influences the inmates by setting the “norm” similar to how culture has outside of prison. People tend to want to fit in and not stand out from everyone else. Same way as Prison Subculture does, new inmates are influenced by the way the veteran inmates act and they mimic their actions. This is called prisonization. Women’s prison differs from men’s, according to Schmalleger’s Criminal Justice Today (pg. 477), “violence in women’s prisons is less frequent than it is in institutions for men.” Not to mention, “one out of four women entering prisons has either recently given birth or is pregnant” (pg. 472). Meaning that children are born and raised inside a prison cell and that is no place to raise a child.

Drug use can be connected to illegal drug deals and trafficking. Throughout the years there have been suggestions on how to regulate and prohibit the use of drugs. For example, 1984’s Analogue Act, 1996’s Comprehensive Methamphetamine Control Act, and 2006’s Combat Methamphetamine Epidemic Act. These three out of many legislations to control drug contributing and usage have slowed down the production of methamphetamines and other gateway drugs. However, they do not stop it from being created in another way. Take the prohibition act of 1920, the banning of alcohol sales did not prevent Americans from finding a way of going around and breaking the law. Same as these legislations, methamphetamine is too big of a market for dealers and manufacturers to give up. I would suggest something that Portugal is doing. The discrimination of drugs allowed law enforcement officers to redirect addicts to a rehabilitation center to help their problem instead of shunning them for it. Throwing drug users into correctional facilities does not stop them from using drugs it just puts them on hold. Since after they are set free from their sentence, the addict still has their addiction and is right back to the usage. What do you think? Should America do the same or keep sending out legislation to stop the trafficking of illegal drugs?

Student C (Vicki) :

The impact of the Gault decision was significant for juvenile justice in our country. Jerry Gault and a friend were suspected of making lewd phone calls to a woman in their neighborhood.The neighbor filed a complaint, and Gault and his friend were taken to a juvenile detention facility. Gault’s parents were working at the time of his arrest and were not notified that their son was being arrested.His mother found out through the other boy’s family and went to the juvenile facility only to be told that Gault’s case would be heard the next day.The issues with the case were that the parents were not notified of their son’s arrest, they didn’t receive copies of the charges for two months, the neighbor lady that received the obscene phone calls never appeared in court to testify, no transcript or recording of the court proceedings was made, and no one was sworn in when testifying.The most astonishing thing was that adults that were charged with making lewd phone calls were subject to a maximum fine of $50 and two months in jail.Gault received six years in the juvenile detention facility; he was there until he was 21 (U.S. Courts, 2018).

The Supreme Court noted that had Gault been 18 at the time of his offense, he would’ve been given the same protections that adults receive. Because of the Gault case, juveniles are now entitled to the same due processes as adults under the 14^thAmendment (2018).

Other U.S. Supreme Court cases that have had a considerable influence on our juvenile justice system:

In re Winship: State must prove its case beyond a reasonable doubt; up until this case, juveniles could be sentenced without this stricter burden of proof (Schmalleger, 2013)

Mckelver v. Pennsylvania: juveniles were not entitled to a jury trial; now 12 states allow jury trials for juvenile offenders (2013).

Breed v. Jones: juvenile cases can no longer be transferred from juvenile to adult court, resulting in double-jeopardy.If a juvenile case is transferred to adult court, it must happen before it is heard in juvenile court (2013).

Schall v. Martin: regulations on preventative detention of juveniles (2013).

Thomas v. Oklahoma and Roper v. Simmons: determined that individuals under 18 are not eligible for the death penalty, regardless of the crime (2013).

Graham v. Florida:a juvenile cannot be sentenced to life imprison without the possibility of parole unless the crime committed by the juvenile involves a homicide (2013).

Student D ( Dan):

The supreme court decision related to Gerald Gault ruled that not having a lawyer present in court, not sworn in, and no transcript or recording of proceedings was unjustified. Gerald Gault’s case provided improved procedures in handling juveniles in court with assistance of counsel, notice of charges against them, the right to confront witnesses against them during hearings, and protection against self-incrimination. Like the 5th and 6th Amendments. The difference between juvenile court and an adult court are 1) no constitutional right to have a trial by jury of their peers, 2) cannot be sentenced to life without parole if there was no homicide, 3) no access to all rights of due process (emphasis on treatment vs punishment, protection from public scrutiny via sealed records), 4) the decision to try a juvenile as an adult at a prelim hearing is determined by a juvenile court, and 5) pretrial detention is not unlawful

Cases such as Breed v Jones (double jeopardy issue), Schall v Martin (pretrial detention), McKeiver v Pennsylvania (jury trial not required), Thompson v Oklahoma (no death penalty under age 16), and Graham v Florida (no life sentence without parole for non-homicide crimes committed) all influenced the handling of juvenile offenders in the justice system.

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