Open Access Publisher and Free Library
PUNISHMENT.jpeg

PUNISHMENT

PUNISHMENT-PRISON-HISTORY-CORPORAL-PUNISHMENT-PAROLE-ALTERNATIVES. MORE in the Toch Library Collection

Posts in Criminal Justice
Home but not free: Rule-breaking, withdrawal, and dignity in reentry

By Gillian Slee

Research on reentry has documented how material hardship, network dynamics, and carceral governance impede reintegration after prison, but existing scholarship has left underdeveloped other instances in which adverse outcomes stem from the institution's socioemotional dynamics and people's practical and emotional responses to bureaucratic indignities. Drawing on more than 2 years of ethnographic fieldwork with people on parole in Philadelphia, this study analyzes three sources of adversity that occur because reentry institutions’ or actors’ practices are incompatible with the behaviors and needs of system-involved people. I demonstrate how unrecognized vulnerability, discretion's benefits and drawbacks, and risk-escalating rules contribute to adverse outcomes—withdrawal and rule-breaking—that sometimes lead to reincarceration. In failing to account for aspects of human agency and dignity, such as the ability to provide for oneself and to advance personal and familial well-being, parole guidelines often prompted withdrawal and subversion.


California Department of Corrections and Rehabilitation-Initiated Resentencing

By ALISSA SKOG AND JOHANNA LACOE 

Research series examining second look policies in California The five policy briefs and overview report in this series describe the characteristics and recidivism rates of individuals affected by second look policies in California. Committee on Revision of the Penal Code In 2018, the California Department of Corrections and Rehabilitation (CDCR) implemented a new process to identify and refer incarcerated people for resentencing under Penal Code § 1172.1 (then codified as § 1170(d)). This initiative aimed to reduce sentencing disparities and recognize rehabilitation during incarceration. Though prosecutors and courts can also initiate resentencing under this law, this data is not tracked statewide and not included in this analysis. Under this process, CDCR can recommend that a person’s sentence be recalled and modified based on specific criteria: changes in sentencing laws, exceptional conduct while incarcerated, or requests from law enforcement or judicial officials. Staff from CDCR's case records department typically refer people due to legal changes affecting their sentence, while CDCR staff who have direct knowledge of a person’s conduct may request that a warden evaluate the case for an exceptional conduct recommendation. All referrals are reviewed by the CDCR Secretary, who decides whether to forward them to the sentencing court for possible resentencing. This brief examines CDCR-initiated resentencing referrals, the individuals resentenced, the offenses for which they were originally convicted, and their recidivism rates following release. Key findings • Since 2018, the CDCR Secretary has referred more than 2,200 people for resentencing More than half of these referrals occurred within the first two years of the policy going into effect. • However, fewer than half of those referred by the CDCR Secretary were granted resentencing. As of December 2024, 47% of individuals referred by the Secretary had been resentenced, while 786 cases were denied. • Most people were resentenced based on changes in sentencing laws. Among those released, 84% were resentenced due to changes in the law, while 16% were resentenced for demonstrating exceptional conduct during incarceration.• Women made up a larger share of those resentenced for exceptional conduct compared to their share of the incarcerated population. Women made up 17% of exceptional-conduct resentencings, which is more than twice their share of total releases (7%) and triple their share (5%) under sentencing-law resentencings. • New conviction rates were low among those resentenced and released. Within one year, 4% of people released through CDCR-initiated resentencing were convicted of a new offense, compared to 21% of total releases. Three-year rates are similarly lower, though we can only show three-year outcomes for 39% of these individuals. • Only five people resentenced for exceptional conduct were convicted of a new offense within three years. Of the 93 people resentenced for exceptional conduct who can be observed three years post release, none were convicted of a new serious or violent felony during that time.

The Role of Second Look Policies in Reforming California’s Approach to Incarceration

By ALISSA SKOG AND JOHANNA LACOE 

Over the past 13 years, California has implemented numerous criminal justice reforms aimed at reducing prison sentences, limiting the use of sentencing enhancements, and shrinking the state’s prison population . Many of these reforms include “second look” provisions, allowing courts to review older sentences in light of new policies, and where appropriate, apply new laws retroactively . The efforts reflect a broader shift toward proportional sentencing, rehabilitation, and more equitable sentences . California’s resentencing policies are wide-ranging, affecting individuals serving sentences for both low-level, non-violent offenses and violent felony convictions with lengthy terms . To date, approximately 11,900 people have been resentenced under these laws . This research provides the first in-depth look at who is affected by these reforms and their recidivism rates . In this report and a series of accompanying policy briefs, we examine five of the most prominent resentencing policies enacted between 2012 and 2022 (Figure 1) . We present the number of people released from California Department of Corrections and Rehabilitation (CDCR) custody under each reform, their demographic and case characteristics, and their recidivism rates . For context, we also provide summary statistics and recidivism rates for all individuals released from CDCR custody in fiscal year 2018–19 

‘Just passing time’: A review of work and training provision in adult prisons. A thematic review

by U.K. HM Chief Inspector of Prisons

This report into the quality of work and training in prisons makes depressing reading. Although we found some effective provision delivered by dedicated, creative staff, it was only available to a small minority of prisoners. Too often, prisoners were leaving prison having gained few skills which would make a difference in helping them to avoid reoffending. The lack of adequate purposeful activity provided to prisoners has been a criticism by the Inspectorate of Prisons since its founding in 1982, but since the pandemic things have got even worse. Despite attempts to promote a renewed focus on purposeful activity, we find prisoners are locked in their cells for longer than ever. Evening association, time in the gym and communal dining, which were once common, have become rarities. In the last three years our inspection scores for purposeful activity have been terrible; 94 of the 104 closed prisons we have inspected have been rated ‘poor’ or ‘not sufficiently good’. Only in open prisons do we regularly see prisoners involved in the sorts of training or education that will help them to resettle successfully when they are released. This report shows that in many jails there are simply not enough activity spaces for the population. This has been compounded by overcrowding and the failure by the prison service to maintain buildings which are often dilapidated or, in some cases, out of use. Even where there are sufficient spaces, attendance is atrocious. In the prisons we visited for this thematic report it was at an average of 67% – a level that would get any school or college closed down. Regime curtailments, security lockdowns or staff and prisoner indifference mean that many prisoners do not go to their allocated activities or arrive so late that it is hardly worth going at all. For instructors and teachers, low attendance is incredibly demoralising and not knowing who, if anyone, is going to turn up may in part explain why recruiting or retaining these staff is so difficult. Many of the workshops or classrooms I visit on inspection have only a handful of prisoners in them and often they seem to be drinking tea or playing cards rather than working.The working day in prisons is nothing like that on the outside, with even full-time workers often spending no more than five hours off the wing. Many are underemployed in wing work that bears little relation to any work in the community. The prison service has a comical definition of full- and part-time activity, which means that in jails we visit a prisoner who works for as little as 18 hours a week can be considered to be in full-time work. Part of the reason for poor attendance is that prisoners are not motivated by the work placements or courses on offer, or they do not get allocated to activities that will teach them the skills or help them to acquire the qualifications that they actually need. The positive initiatives we did find, such as training courses directly linked to employment opportunities, were limited in scope, and at other sites we visited uncertainty around funding had resulted in valuable courses being closed.Without adequate investment, prison leaders will have limited ability to make a meaningful impact on prisoners’ prospects on release. The prison service has a duty to protect the public by keeping those who the courts have sent to prison locked up, but there is also an obligation to protect the public by making prisoners less likely to reoffend when they are released. This report shows the failure of our prisons to fulfil this responsibility. With twothirds of prisoners not in work or training six months after release, there is little doubt that many have left jail and returned to criminality, causing mayhem in their communities and creating more victims of crime. Too many prisoners are spending their time in jail lying on their beds watching daytime television, often under the influence of drugs. Until leaders in the prison service take the provision of high-quality education and training more seriously, it is hard to see how appallingly high reoffending rates can be reduced.

Paying for One’s Own Incarceration: National Landscape of Pay-to-Stay Fees

By Byun, W., Stevenson, K., & Loyo, M.

Pay-to-stay fees, also referred to as costs of incarceration, cost of care, cost of support, or room and board, are the costs charged to individuals for their incarceration. They may be automatically deducted from an individual’s wages or prison account, but often accumulate or are collected as debt after the conclusion of their sentence. Using an in-depth literature review, discussions with researchers, and interviews with people impacted by pay-to-stay fees, this report examines the imposition of room and board and medical fees at the state level during a period of incarceration. The authors conclude that pay-to-stay fees impose excessive financial burdens on individuals and their families, are a barrier to accessing basic goods and services, hinder successful reentry, and are ineffective fiscal policy. The authors urge state and local governments to ban the imposition of these fees.

Key findings:

48 states and Washington D.C. allow for the imposition of at least one category of pay-to-stay fees (adult room & board, adult medical, youth room & board, and youth medical).

California and Illinois have repealed fees for all categories.

26 states allow for both room & board and medical fees for both adults and youth who are incarcerated.

Among states that allow medical co-pays, the fee ranges from $.50 to $13.55 per visit.

15 states prohibit the denial of medical service for adults for lack of ability to pay.

A number of states allow for the direct garnishing of an individual’s resources to pay pay-to-stay fees.

12 states authorize the use of criminal prosecution for accured or unpaid fees for at least one category.

New York: Campaign Zero, 2025. 33p.

Ending the Detention of People on IPP Sentences: Expert Recommendations

Chairman: Lord Thomas of Cwmgiedd

This report, produced by an expert working group led by a former Lord Chief Justice of England and Wales, presents considered proposals aimed at protecting the public while ending the long-running IPP scandal for good.

Convened by the Howard League and chaired by Lord Thomas of Cwmgiedd, the group spent months exploring ways to end the detention of people serving indeterminate sentences of Imprisonment for Public Protection (IPP).The report puts forward six recommendations – including an important change to the Parole Board test, which would require the Parole Board to give people on IPP sentences a certain release date, within a two-year window, and to set out what action is required to achieve that safely.

London: Howard League for Penal Reform, 2025. 26p.

Prisons, Prison Officers and Prisoners’ Families: Operationalising the SPS Family Strategy 2017–2022

By Kirsty Deacon

Key Findings  There has been significant progress made by prisons in relation to their work with and for families of people in prison.  All the participants in this research were passionate about their work with families and the importance of this.  There are many examples of good practice in relation to families across the prison estate, but not always opportunities to make sure this learning is shared or replicated.  While there was a general awareness of the Family Strategy and a recognition of elements distilled into operational documents it was seen as most, or solely, important for Family Contact Officers.  There were felt to be some discrepancies between the rhetoric of the Scottish Prison Service and their Family Strategy and the practice in relation to families in some prisons.  The Family Contact Officer role could be seen as simply a “stepping stone” for promotion or perceived as less valued than residential officers.  While there were examples of families being treated with dignity and respect this was not felt to be consistent across all staff.  There were examples of broad definitions of family being used, and flexibility in accommodating this, but there was not always a consistent approach across all prisons.  Families were viewed predominantly in terms of the role they can play in the reduction of reoffending, but also in terms of their own needs and rights as individuals.  The system the prison officers worked in could sometimes constrain their ability to work in rights-based ways. A distinction between roles focused on care and control and a perceived over-emphasis on the latter were mentioned.  Covid 19 has offered opportunities to change the ways in which families are able to engage with people in prison and the prison itself. The technological introductions were all welcomed and it was felt they should continue in some way.  There has been a significant impact on family relationships from lengthy periods of separation and a lack of meaningful contact, as well as the effects of isolation on those in prison during the pandemic. This is likely to continue to have an impact on prisoners, their families, and their relationships for some time.  The inherent nature of the criminal justice system and the high prison population in Scotland will constrain how much the Scottish Prison Service can achieve in relation to working with families.

Glasgow: Scottish Centre for Crime and Justice Research, 2022. 46p.

The Hidden Health Care Crisis Behind Bars: A Randomized Trial to Accredit U.S. Jails

By Marcella Alsan and Crystal Yang

The U.S. has one of the highest incarceration rates in the world, with over seven million admissions to jails each year. Incarcerated individuals are the only group in the U.S. that have a constitutional right to receiving "reasonably adequate" health care. Yet, there is little oversight and funding for health care in jails, where illness and mortality are rampant. In this study, we randomize the offer of health care accreditation to 44 jails across the U.S. Surveys of staff indicate that accreditation improves coordination between health and custody staff. We also find that accreditation improves quality standards and reduces mortality among the incarcerated, which is three times higher among control facilities than official estimates suggest. These health gains are realized alongside suggestive reductions in six-month recidivism, such that accreditation is highly cost effective.

NBER Working Paper 33357

Cambridge, MA: National Bureau of Economic Research, 2025. 54p.

Treatment and Care of Incarcerated Females in State and Local Correctional Facilities

By The LOUISIANA LEGISLATIVE AUDITOR

We evaluated the treatment of women incarcerated in Louisiana’s state and local correctional facilities. We conducted this audit in response to House Concurrent Resolution 104 of the 2023 Regular Session, 1 which requested that the legislative auditor audit whether state and local correctional facilities are following state law regarding the treatment of pregnant incarcerated females, and the general healthcare and treatment of all incarcerated females. According to a report issued by the National Conference for State Legislatures (NCSL) in 2022,2 even though there are still more men than women involved in our nation’s justice systems, the rate of growth of the women’s population has vastly increased, and between 1980 and 2019 the number of incarcerated women (in both jails and prisons) increased by more than 700%. According to this report, state and local government systems and facilities are predominately designed to handle men. Louisiana’s Incarcerated Female Population. Incarcerated females in Louisiana are housed in both state and local correctional facilities. The Department of Public Safety and Corrections (DPS&C), Division of Correction Services (DOC) oversees the custody and care of females (state offenders) serving a prison sentence for a felony conviction. DOC oversees one female correctional facility— Louisiana Correctional Institute for Women (LCIW). Out of the 64 parishes, 47 have local correctional facilities (local jails) that house females who are pre-trial or are serving sentences for non-felony convictions and usually a term of less than one year. In addition, some local jails house state offenders on behalf of DOC for a daily per diem of $26.39 per state offender. As of July 2024, there were 3,519 incarcerated females, with 1,582 being state offenders under DOC’s supervision. The purpose of this audit was to evaluate the treatment and care of incarcerated females in Louisiana. As of July 2024, 3,519 women were incarcerated in Louisiana. Of this number, 1,582 were state offenders under the supervision of the Department of Public Safety and Corrections (DPS&C), Division of Correction Services (DOC). The remaining 1,937 were local offenders housed in local jails. DOC oversees the state’s only correctional facility for females – the Louisiana Correctional Institute for Women (LCIW). LCIW’s capacity currently is 450. As a result, 1,132 female state offenders are housed in local jails on behalf of DOC at a cost of $26.39 per day per individual. Overall, we found that local jails lack sufficient procedures to comply with state laws related to the treatment of incarcerated women in Louisiana. Additionally, while LCIW generally provides sufficient access to basic medical and educational services for incarcerated women, similar access in local jails varies. We also found that incarcerated men in local jails receive more developmental opportunities than women. Specifically, we found that none of Louisiana’s local jails, which house 87.2% of incarcerated women in Louisiana, have sufficient, written procedures encompassing all requirements in state law regarding female incarceration. In addition, although prohibited in state law, at least three jails indicated leg irons were used on pregnant or birthing women housed in their facilities. Local jails also did not always sufficiently document the use of restraints for pregnant women and did not always advise pregnant women in writing of their rights related to the use of restraints. We found as well that Louisiana’s local jails do not sufficiently address the healthcare needs of incarcerated women during and following pregnancy or provide preventive health screenings to all women. We also found that local jails could better protect the dignity of incarcerated women by ensuring sufficient access to hygiene supplies and activities such as showering, as well as increased privacy during different states of undress. According to the U.S. Department of Justice, educational and vocational programming, recreational time, and visitation during incarceration can improve reentry outcomes. However, we found that access to these opportunities varies across correctional facilities, with female offenders often having less access than male offenders. In addition, LCIW is working to complete the construction of a new facility designed to house approximately 950 female state offenders, which is double its current capacity. LCIW expects that the new facility will be operational by late summer of 2025. The report contains our findings and recommendations. I hope this report will benefit you in your legislative decision-making process.

Baton Rouge, LA: LOUISIANA LEGISLATIVE AUDITOR, 2025. 47p.

Moral Case Deliberation in Dutch Prisons: Experienced Outcomes and the Moral Learning of Prison Staff

By A. I. Schaap, A. C. Molewijk, M. M. Stolper

We present a study about an ethics support instrument, Moral Case Deliberation (MCD), which is used to support and further professionalize Dutch prison staff. MCD can facilitate prison staff in dealing with moral dilemmas from practice. We present an embedded mixed-methods study on the experienced outcomes of 16 teams participating in both single and in series of MCD sessions. Prison staff and MCD facilitators completed evaluation forms (n=871 by staf, and n=122 by facilitators) after participating in a single MCD session (n=131). Staff filled out another evaluation form (n=149) after participating in a series of 10 MCD sessions. Our multilevel quantitative analyses show overall positive outcomes, with significant differences between professional disciplines. Prison staff, e.g., reported a better understanding of the discussed moral dilemma and the related perspectives of colleagues. The qualitative thematic content analysis of the experienced outcomes of single MCD sessions resulted in 8 outcome categories, e.g., improved moral awareness, awareness of responsibilities and limitations in decision-making, and feeling empowered to address issues. The experienced outcomes of MCD provide some insights in the process of fostering moral learning of prison staff; staf gained moral awareness, and improved their perspective-taking and the ability to better control their frustrations and emotions. Further research should focus on studying the impact of MCD on moral decision-making in the day-to-day practice of prison staff and on what the organization can learn from the MCD sessions.

European Journal on Criminal Policy and Research (2025) 31:173–192

Administrative Nullification and the Precarity of Carceral Reform

By Riley Doyle Evans∗ & Stefen R. Short

Prisons and jails are “total institutions.”1 Incarcerated people, to a large extent, depend on correctional agencies for their basic welfare and have limited power to resist harmful conditions and practices.2 While incarcerated people and their advocates have historically turned to the courts to remedy dangerous and inhumane conditions,3 increasingly, state legislatures have become important sites of intervention,4 especially to address profoundly harmful conditions that courts have, nonetheless, held pass constitutional and statutory muster.5 Solitary confinement is one example. Since the 1960s and 1970s, litigation has percolated through the federal courts challenging the use of solitary confinement both as applied to vulnerable groups and more broadly.6 In these lawsuits, incarcerated people have typically advanced claims under the Eighth Amendment’s Cruel and Unusual Punishments Clause7 and Title II of the Americans with Disabilities Act.8 Courts have construed these sources of rights as limited and narrow, and as a result, these lawsuits have proven unavailing as tools to eliminate solitary confinement wholesale9 — even for vulnerable groups.10 And although Justice Kennedy, citing the “terrible price” that prolonged solitary confinement exacts on human beings, all but invited a constitutional challenge to that practice,11 courts have largely upheld its use on non-vulnerable groups.12 To be sure, litigation played a role in reducing the harm attendant to the use of solitary confinement as a penological tool. Federal court litigation over decades has indeed mitigated some of the most deplorable conditions in solitary confinement units,13 established limited protections for certain vulnerable people,14 and secured procedural protections.15 Given the limited nature of these successes — and because the core practice of solitary confinement continues to exist — anti-solitary litigators have begun to pair litigation approaches with legislative campaigns.16 Litigators, seeking to secure through the state and local legislatures what they have failed to secure through the courts, have joined incarcerated and formerly incarcerated leaders and other community advocates.17 In recent years, state and local legislatures have begun to respond to these efforts by attempting to reform solitary confinement through legislative oversight — including hearings and investigations — and, at times, legislation.

Harvard Law Review, VOLUME 138ISSUE 7MAY 2025

Better Prisons: Less Crime

By The U.K. Parliament. HOUSE OF LORDS Justice and Home Affairs Committee

We have the highest imprisonment rate in Western Europe and it is only increasing. There are over 87,000 people in prison in England and Wales. This is almost double the prison population in 1993.1 The prison population is expected to exceed 100,000 by 2029.2 80 per cent of offending is reoffending. The economic and social cost of reoffending is estimated to be around £18 billion a year and is a major contributor to the size of the prison population. Our prisons are currently operating in a state of crisis. They are overcrowded, often in bad and unsanitary condition, and face issues such as a shortage of funds, gangs operating with impunity, drones undermining security, an alarming availability of drugs and over-stretched, demoralised staff. We know that access to purposeful and productive activities makes prisons safer and reduces reoffending on release. However, the current situation in our prisons hinders the provision of these activities, preventing prisoners from seeking support with mental health problems and addiction, or securing training and education opportunities that can prepare them for life outside. There is urgent need for wider prison reform, not least to reduce reoffending. The Government is addressing some of the most urgent problems, and other Parliamentary Committees are scrutinising these actions. We have focused on the leadership, governance and staffing of prisons. The Government must give a clear lead to ensure that prisons fulfil their primary purpose of preparing offenders for their release—in the hope that they will be able to lead stable and meaningful lives in future and not reoffend. What we found • A lack of clarity about the purpose of prisons; • Lack of public understanding about prisons; • Limited autonomy for prison governors; • A wholly inadequate prison staff recruitment procedure; • Poor staff assessment and training arrangements; • Siloed working, with a lack of effective cross-agency collaboration within His Majesty’s Prison and probation Service (HMPPS) and with external partners; • Insufficient ‘purposeful activity’ designed to reduce re-offending; • A sense of complacency and inadequate accountability arrangements throughout the prison service. Reviewed in totality, HMPPS is inflexible, and overly bureaucratic. Whether it is fit for purpose remains to be proven.

London: U.K. Parliament, 2025. 107p.

Mental Health in Prisons: Crisis and Opportunity

By The Centre for Mental Health and the Prison Advice and Care Trust (Pact)

Summary Nine out of ten people in prison have at least one mental health, neurodevelopmental or substance use problem, and rates of severe mental illness are ten times those in the general population Rates of self-harm in prisons are high and rising, with the highest rates in women’s prisons. Prison mental health services currently support one person in seven in the prison population. They provide vital care and support but are often overstretched because of high levels of need and complexity. Involving family members in providing mental health support in prisons can be beneficial but is often limited. Transfers from prison to hospital for urgent treatment are still too often delayed, sometimes by weeks and months. Community sentences with mental health treatment can divert some people from custody. This reduces pressure on prisons and enhances their chances of successful rehabilitation. We urge the Government to invest in community-based options, in line with the Sentencing Review and the NHS 10-year plan for healthcare in England, as an alternative to prison expansion.

London: Centre for Mental Health, 2025. 14p.

Probation and Parole in the United States, 2023

By Danielle Kaeble

An estimated 3,772,000 adults were under community supervision at yearend 2023, a 0.7% increase from 3,744,100 on January 1, 2023 (figure 1, table 1). 1 This change was due to an increase in the number of adults on probation, who made up 82% of the community supervision population at yearend. The probation population rose 1.3% during 2023, from 3,064,200 to 3,103,400. The number of adults on parole fell from 700,800 to 680,400 (down 2.9%) during 2023. Findings in this report are from the Bureau of Justice Statistics’ (BJS) Annual Probation Survey, Annual Parole Survey, and Federal Justice Statistics Program, which collect data on adults placed on correctional supervision (entries) or removed from supervision (exits) during the reporting year and on characteristics of the population at yearend. These are the only national data collections that cover community corrections in all 50 states, the District of Columbia, and the U.S. federal system. Findings focus largely on changes in the community supervision population within a given year to minimize the effect of factors such as administrative changes or agency reporting differences.

Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics , 2025. 43p..

Sentenced to Grow Old: How Long-Term Incarceration is Fueling a Prison Aging Crisis in Illinois, Iowa, and Texas

By The Justice Policy Institute

This paper reveals how nearly 50 years of punitive sentencing have created a crisis inside U.S. prisons, with elders serving decades-long sentences, being left sick, vulnerable, and detained, but unlikely to reoffend

According to the National Commission on Correctional Health Care, by 2030, one-third of all incarcerated people in the U.S. will be over the age of 50.

Behind bars, these older individuals face increasing health problems – dementia, heart disease, diabetes, and mobility issues – exacerbated by conditions of confinement. The result? A growing humanitarian and financial crisis.

Older people cost at least twice as much to incarcerate as younger people, yet pose little risk to public safety. Fewer than 2% of people aged 55 and over who are incarcerated for a violent offense return to prison for a new crime.

Sentenced to Grow Old examines data from Iowa, Texas, and Illinois to:

Diagnose the causes of the aging prison population

Reveal the financial and human cost of extreme sentences

Point to proven solutions: parole reform, compassionate release, and second look laws

The proven solutions are more than just policy tools; they are pathways to dignity, care, and a smarter justice system. By addressing aging in prison, states can alleviate their financial obligations, provide better healthcare for their citizens, and maintain public safety.

Washington, DC: Justice Policy Institute 2025. 30p.

Criminal Responsibility And Social Constraint

By Ray  Madding  Mcconnell

Ray Madding McConnell’s Criminal Responsibility and Social Constraint first appeared in 1912 as one of the more philosophically ambitious works of the American Progressive Era. Though rarely cited today, the book occupies a fascinating place in the early twentieth-century dialogue between philosophy, criminology, and legal reform. Its author, who died shortly before the book’s publication, taught social ethics at Harvard and belonged to a generation deeply convinced that clearer thought could repair the accumulating confusions of modern criminal law. His book is therefore both a legacy and an argument: a legacy of Progressive rationalism and an argument for reconsidering the foundations of punishment in an age increasingly aware of causation, psychology, and social science.

More than a century after its publication, Criminal Responsibility and Social Constraint offers a valuable perspective for scholars, legal theorists, and reformers. It is a window into the moment when American thought on crime and punishment began to absorb scientific psychology, social statistics, and philosophical determinism. It presents an early, coherent version of a consequentialist theory of punishment that still structures major parts of modern practice. And it invites readers to confront the perennial tension between causation and accountability: how can a society committed to science and determinism still punish, censure, and regulate?

McConnell’s answer is that responsibility is a socially constructed tool—one that must be justified by its utility rather than by metaphysical claims about freedom. Whether one accepts or contests that answer, it remains a stimulus to deeper thinking about the moral and practical foundations of the criminal law. In that sense, McConnell’s book continues to speak forcefully to our age, reminding us that the architecture of justice must rest on reasons we can defend, not merely on traditions we have inherited.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. p.234.

Probation and parole in the United States, 2023

By Danielle Kaeb

This report presents findings on persons under community supervision on probation or parole in the United States in 2023. It includes characteristics of the U.S. community supervision population such as sex, race or ethnicity, and most serious offense. The report provides statistics on movements onto and off community supervision, and details types of exits, such as completing one’s term of supervision, being incarcerated, absconding, or other unsatisfactory outcomes while in the community. Findings are based on data from BJS’s Annual Probation Survey, Annual Parole Survey, and Federal Justice Statistics Program. This report is the 32nd in a series that began in 1981.

Highlights

At yearend 2023, an estimated 3,772,000 adults were under community supervision (probation or parole), up 27,900 (0.7%) from January 1, 2023.

From yearend 2013 to yearend 2023, among comparable agencies, the total adult community supervision population declined 23%.

During 2023, the number of adults on parole declined from 700,800 to 680,400 (down 2.9%).

The probation population increased for a second consecutive year in 2023, from 3,064,200 on January 1 to 3,103,400 on December 31 (up 1.3%).

Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics, 2025. 43p.

Promises and Punishment

By Martin Dufwenberg , Flora Li , and Alec Smith

We study the effect of communication on beliefs and behavior in a three-stage trust game with punishment. We propose a novel behavioral mechanism, frustrationdependent anger, that links unmet payoff expectations with the willingness to forgo material payoffs to punish others. We conjecture that communication works through this mechanism to raise expectations about the likelihood of belief-dependent costly punishment and to increase trust, cooperation, and efficiency. In an experiment we allow communication in the form of a single pre-play message. We measure beliefs and our design permits the observation of promises and deception. The results are consistent with the theory that costly punishment results from belief-dependent anger and frustration. Promises drive the effect of communication on beliefs and broken promises lead to higher rates of costly punishment.

Preliminary draft. September 13, 2018

Revisiting the Lasting Impacts of Incarceration

By John Eric Humphries,, Cécile Macaire,, Aurélie Ouss,, Megan Stevenson,, Winnie van Dijk,

Using newly-linked administrative and commercial data from Virginia spanning 25 years, we study the consequences of incarceration. While previous research has examined labor market outcomes and recidivism, we focus on two of the primary channels through which low-income households build wealth: asset ownership (homes and cars) and human capital formation. To identify causal effects, we use a matched differencein-differences design. In line with much of the literature on the impact of incarceration in the U.S., we find no evidence of scarring effects on labor market outcomes or changes in recidivism beyond the incapacitation period. However, we find that incarceration leads to a persistent reduction in asset accumulation: seven years after sentencing, homeownership has declined by 1.1 percentage points (12.1%) and car ownership by 2.7 percentage points (18.1%). Incarceration also lowers human capital formation, reducing college enrollment by 1.4 percentage points (15.1%).

Cowles Foundation Discussion Papers. 2859.

New Haven, CT: Yale University, 2025. 70p.

“All They Did Was Change the Name”: Evaluating Reforms to Solitary Confinement

By Laura McFeely

In the last decade, the United States has seen a wave of efforts to greatly reduce or eliminate the use of solitary confinement. In the light of growing international recognition that such treatment amounts to torture, these efforts are certainly encouraging and have contributed to a reduction of the number of people held in long-term isolation. But it is worthwhile to examine the extent of these reforms and what solitary confinement now looks like in states that have implemented such changes.

A robust literature exists on the harms of solitary confinement and ideas for reforming or eliminating its use. This paper adds to the literature by evaluating the success of such efforts, several years into this wave, now that there is more data available. It examines two states that have presented themselves as success stories, Massachusetts and Colorado, where the correctional agencies purport to have eliminated long-term solitary confinement. Although its use has been greatly reduced, it persists for some number of incarcerated people—prompting the question of why these agencies are not more forthright about their progress.

This paper uses these two states to illustrate larger trends and concludes by suggesting ways that advocates can ensure that their efforts are maximally successful as the trend of eliminating solitary confinement hopefully continues. It contributes to the scholarship evaluating how our democracy’s branches—judicial, executive, and legislative—can provide meaningful restraints on correctional agencies’ actions in order to protect the people in their custody.

20 Nw. J. L. & Soc. Pol'y. 122 (2024), 37p.