Abstract
A growing body of research suggests that, according to both offenders and criminal justice practitioners, jails and correctional boot camps are viewed and experienced as significantly more punitive than prison. Nevertheless, limited research exists examining the perceptions of the public regarding jail conditions and operations. Using responses from 1,183 Kentucky adults, we examine public opinion regarding the punitiveness of jail when compared to prison. We determine that, with the exception of boot camp, respondents feel that jail is the most punitive noncapital sanction. Additionally, respondents who had been convicted of a felony at some point in their lives and respondents with lower household income indicated that they would serve significantly less time in jail to avoid prison than their counterparts if given the option. Implications for policy and future research are discussed.
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Notes
Jail exchange rate differences by gender and race were examined in a parallel series of analyses although neither of those differences were statistically significant. We attribute the lack of significant differences to the fact that, regardless of gender or race, there is a universal dislike for jail when compared to prison and only contextual variables such as those presented in this study partially explain the degree to which individuals are willing to serve jail time to avoid prison. The finding that the exchange rates of Blacks and Whites between prison and jail are equivalent is consistent with the findings reported in a recent study by Applegate (2013).
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The authors would like to thank the Eastern Kentucky University College of Justice and Safety for providing funding for this project. Any views or opinions expressed in this paper are solely those of the authors and are not necessarily the views of the funding agency.
Appendix
Appendix
Below we have included the language used to gather the exchange rates data for this study. For each of the programs listed, we asked the respondent to “Think about 12 months actual time in a medium security prison.” We then asked “What is the maximum number of months of county jail you would take to avoid serving 12 months actual time in prison?”
Below we have listed a number of programs that people may receive instead of a sentence to incarceration in a medium-security prison. A medium security prison typically holds less dangerous offenders than those in maximum-security prisons (which are highly secure and highly controlled). Typically, inmates have some freedom of movement within the prison but stay in barred cells (with or without a cellmate) within a fenced or walled perimeter. In these prisons, some inmates are allowed to work or be involved in programs on the prison grounds.
For each of the following programs, please read the description of the program, and then answer the question that follows.
County Jail
If you are sent to a county jail, you may spend less time there than you would in prison. However, living conditions are more restrictive in a jail than they generally are in a large prison. Unless assigned to work, you may spend more time in your housing unit, and there are not as many opportunities for sports, school, etc. Jail time is generally viewed as more boring and more restrictive than prison time.
Boot Camp.
Boot camp is for a shorter time than you would have been sent to prison. But boot camp can be more unpleasant than living in prison in many ways. Boot camp is like basic training in the army. You live with about a hundred other people in one big room. There is regular drill instruction like in the military and you are pushed physically and psychologically to perform beyond your capabilities. You experience loss of sleep. You are required to become physically active and fit. You are constantly supervised by drill instructors that watch you closely. You are generally required to participate in an education program. Virtually all your time and activities are controlled. You are subject to random urinalysis tests and can be sent back to prison if you fail to obey the rules.
Electronic Monitoring
On electronic monitoring, you live at home, but your freedom is greatly reduced. You wear an electronic device on your ankle. If you get more than 200 ft from the base unit, the device sends an alarm to a computer. Then an officer who is supervising you knows that you are not where you are supposed to be. On electronic monitoring you are being followed by the computer 24 h a day. There are strict curfews and rules about when you must stay in your house. If you break these rules, you can be sent to prison. You are subject to random urinalysis tests and can be sent back to prison if you fail to obey the rules.
Regular Probation
On probation, you do not spend time in prison, but the amount of time on probation usually lasts much longer than whatever prison sentence you might have gotten. You must see your probation officer at least once a month, but it can be every week if ordered. You must get permission from that probation officer to travel or to move. Your probation officer can require that you stay away from certain people. Your home or car can be searched at any time without a search warrant. If you do not follow the rules you can be sent to prison. You are also subject to random urinalysis tests.
Community Service
When you are sentenced to community service, you live at home and can have a job. However, you must work some time without pay to make up for the crime for which you were convicted. You work for a government agency or some local non-profit organization, and you do not have any choice about where or what the job is. The judge decides the number of days and hours you must work. If you fail to work the required days and hours, you can be sent back to prison. You are also subject to random urinalysis testing.
Day Reporting
If you are sentenced today reporting, you can stay home at night, but you must check in at a parole office every day. During the day you must have a job or you must go to some center in the community and be involved in activities all day. These activities might include working for no pay in the community, looking for a job, counseling, job training, and education programs. At the end of the day you get to go home. You may be required to work, and if you do you must check in every day during non-work hours. Failure to abide by the rules can result in you going back to prison. You are also subject to random urinalysis testing.
Intermittent Incarceration
With this punishment, you must spend weekends or evenings in the county jail, which typically is much more unpleasant than prison. But, since you are not in prison, you can have a job and be involved with your family and community when you are not spending time in jail. However, failure to report to jail, or failure to pass a random urinalysis test can result in you returning to prison.
Halfway House
A halfway house is a place where several people convicted of crimes live. There is no strict security like there is in prison, but there are firm rules that you must follow. Halfway houses have rehabilitative programs, and if your behavior improves you are treated better and given more freedom. Break the rules and you can be placed back in prison. As always, you are subject to random urinalysis and searches, and constant observation. You are not allowed to have visitors.
Day Fine
A day fine is based on the amount of money you make each day. You are allowed to subtract some money for your rent, transportation, food, utilities, etc., but whatever is left over you have to pay as a day fine. For example, if you had $20 left each day after expenses, your day fine would be $20 for every day the judge says you have to pay. If the judge gives you a day fine of 90 days, and your day fine rate is $20, you would have to pay a total of $1800. Failure to pay your fines can result in you being sent back to prison.
Intensive Supervision Probation (ISP)
Intensive supervision is much stricter than regular probation. You do not go to prison and can live at home. However, the probation officer is checking up on you-- sometimes everyday-- and you are required to be in some kind of treatment program to improve yourself. All parts of your life, including what you do at home and at work are watched. Probation officers can come to your workplace or your home to check on you at any time of day or night. Sometimes you are required to report to the probation officer everyday on your own time. Failure to report to the officer or other violations can result in you going back to prison. You are also subject to random urinalysis testing.
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May, D.C., Applegate, B.K., Ruddell, R. et al. Going to Jail Sucks (And It Really Doesn’t Matter Who You Ask). Am J Crim Just 39, 250–266 (2014). https://doi.org/10.1007/s12103-013-9215-5
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DOI: https://doi.org/10.1007/s12103-013-9215-5