By  Jisha Menon  

This article explores the relationship between the law and personhood, dispossession and dignity. It asks: How might we move beyond a conception of dignity as the bounded property of the liberal, autonomous agent, toward a more capacious understanding of dignity, as the affective relationality between persons? How does the negative force of the death penalty radiate beyond the condemned and exert its power over their loved ones, family, and even the staff of the prison? What might it mean lose one’s autonomy, a word that derives from the law (nomos) over the self (autos), in the face of the state’s management of life and death? Exploring the moral and legal staging of the death penalty in Chinonye Chukwu’s Clemency (2019) and Boo Junfeng’s Apprentice (2016) this article examines conceptions of personhood when “civility” meets capital punishment.

Law, Culture and the HumanitiesOnlineFirst, © The Author(s) 2025, 17p.

By Michael Rocque, Grant Duwe, Valerie A. Clark

Identity or self-concept has long been theorized to explain rule-violating behavior. Life-course criminology scholarship has incorporated identity as a core concept explaining desistance or disengagement from crime over time. Individuals who transform their identities from anti to prosocial or who are ready to move away from their past selves are more likely to desist from crime. However, the role of identity, particularly the forms of identity that have been theorized to influence desistance, has been understudied with respect to prison behavior. Understanding the ways in which identity relates to prison misconduct may help inform prison programming as well as theoretical perspectives drawing on the concept. The purpose of this study is to explore how various forms of identity are related to future prison misconduct, controlling for past misconduct and a host of other theoretical variables, in Minnesota prisons. The results indicate that two forms of identity, replacement self and cognitive transformation, are related to general misconduct but not violent misconduct in survival models. For general misconduct, both forms of identity are associated with a reduction in the risk of new convictions. Implications for theory and practice are discussed

St. Paul: Minnesota Department of Corrections, 2025. 31p.

By Joseph H. Obegi

Correctional mental health clinicians are sometimes asked to assess disciplinary responsibility, that is, to ascertain whether an inmate is culpable for violating prison rules. This assessment of disciplinary responsibility is akin to insanity determinations in criminal proceedings. In this article, I review the moral, legal, and practical aspects of disciplinary responsibility. I use California’s test of responsibility for prison misconduct, which is similar to the Durham rule, to illustrate some of the dilemmas involved in creating and implementing a test of disciplinary responsibility

When inmates with mental illness violate prison rules, correctional systems must determine when to hold them accountable. The solution that many systems in the United States have adopted, primarily in response to judicial intervention, is to incorporate the input of mental health professionals into the disciplinary process. This clinical input can give the hearing official three important pieces of information1: whether the inmate with mental illness has the capacity to participate meaningfully in the disciplinary hearing; whether or to what extent the inmate is culpable for the alleged misconduct; and, if the inmate is found guilty, what kinds of punishment may be inappropriate because they increase the risk of decompensation. In this article, I am concerned primarily with the second type of input, the assessment of disciplinary responsibility. I examine the moral, legal, and expert views of disciplinary responsibility as well as review research on prison infractions. To illustrate some of the challenges involved in addressing disciplinary responsibility (such as crafting an appropriate test, identifying eligible inmates, and resolving professional dilemmas), I draw on the approach taken by California’s prisons.

Journal of the American Academy of Psychiatry and the Law Online, Vol. 52, Issue 4, 7p.

By Travis J. Meyersa , Alexander Testaa , and Kevin A. Wrightb

Purpose: The use of segregation continues to be at the forefront of debates on the most effective way to address violence in prisons. Concern over the negative impact of these placements has prompted correctional administrators to employ alternative strategies to reduce their segregated populations and address serious misconduct. Few studies, however, have explored the impact that these strategies have on future behavioral outcomes. To address this gap, the current study explores the effectiveness of a disciplinary segregation program reserved for those who engage in violent misconduct during their incarceration. Methods: This study employs a quasi-experimental research design to estimate the treatment effects of placement in a disciplinary segregation program on subsequent levels of institutional misconduct during a one-year follow-up. Results: Placement in the disciplinary segregation program had no effect on subsequent levels of serious in-prison misconduct amongst participants when compared to their matched counterparts. Conclusions: Our findings suggest that scholars and practitioners should work to build a response to in-prison violence that starts with what is known about the causes of violence and what effectively modifies attitudes and behaviors. Future research should include rigorous measures of both program process and implementation to better identify effective forms of intervention.

American Journal of Criminal Justice, 2021, 41p.

By Steven Schmidt, Kristin Turney, & Angie Belen Monreal

Objective. We use the case of housing insecurity to examine how romantic partner incarceration results in increased and prolonged surveillance of women at home. Background. Romantic partner incarceration prompts surveillance from the criminal legal system while simultaneously eroding women's finances, health, and family relationships. Less is known about how these symbiotic harms of romantic partner incarceration enable surveillance beyond the criminal legal system. Method. We use longitudinal interviews with 35 (previously coresident) romantic partners of incarcerated men, showing how incarceration prompts unwanted moves for partners, how women manage housing insecurity following partner incarceration, and how they become embedded into living arrangements where they are monitored, evaluated, and controlled. Results. We identify three primary findings. First, women experiencing housing insecurity after romantic partner incarceration relied heavily on their social ties (and, to a lesser extent, institutional housing providers) while enduring stressful and prolonged housing searches. Second, the homes that women move into expose them to increased surveillance. Women encounter domestic, caregiving, romantic, and financial surveillance. Romantic partner incarceration prompts large changes in surveillance among women who left independent homes, moderate changes in surveillance among women who left comparatively desirable doubled-up homes, and prolonged surveillance among nonmovers. Finally, women respond to surveillance by monitoring burdens on hosts and reframing stays in shared homes as temporary. Conclusion. Taken together, these findings extend prior research on the symbiotic harms of romantic partner incarceration, how women attached to incarcerated men experience surveillance, and how doubled-up families sustain shared homes.

 Journal of Marriage and Family 86(2): 2024., 391–411 pages

By  Kristin Turney , Amy Gong Liu, and Estéfani Marín

Despite reasons to believe that paternal incarceration has heterogeneous consequences for children, little research explores the processes underlying variation in children’s responses to this adverse event. We use data from the Jail and Family Life Study, an in-depth interview study of incarcerated fathers and their family members (including their children), to understand the heterogeneous processes linking paternal incarceration to children’s well-being. Children commonly reported that their father’s incarceration restructured their lives by altering their emotional and instrumental responsibilities. Within each of these domains, though, children expressed considerable variation in their responses, with some children seamlessly stepping into new responsibilities stemming from paternal incarceration and other children, especially older children who had witnessed their fathers’ frequent entanglements with the criminal legal system, consciously stepping away from these responsibilities. These findings illustrate the range of responses that children have to paternal incarceration, shedding light on processes that have not been observed in survey research

RSF: The Russell Sage Foundation Journal of the Social Sciences 10(1):132–150. 2024, 29p.

By Naomi Sugie, Kristin Turney, Keramet Reiter, Rebecca Tublitz, Daniela Kaiser, Rebecca Goodsell, Erin Secrist, Ankita Patel, & Monik Jiménez

U.S. prisons were especially susceptible to COVID-19 infection and death; however, data limitations have precluded a national accounting of prison mortality (including but not limited to COVID-19 mortality) during the pandemic. Our analysis of mortality data collected from public records requests (supplemented with publicly available data) from 48 Departments of Corrections provides the most comprehensive understanding to date of in-custody mortality during 2020. We find that total mortality increased by 77% in 2020 relative to 2019, corresponding to 3.4 times the mortality increase in the general population, and that mortality in prisons increased across all age groups (49 and under, 50 to 64, and 65 and older). COVID-19was the primary driver for increases in mortality due to natural causes; some states also experienced substantial increases due to unnatural causes. These findings provide critical information about the pandemic’s toll on some of the country’s most vulnerable individuals while underscoring the need for data transparency and standardized reporting in carceral settings.

Science Advances,  Sugie et al., Sci. Adv. 9, eadj8104, December 2023, 20 p.

By Kristin Turney, Katelyn Malae, MacKenzie Christensen, & Sarah Halpern-Meekin

Jail incarceration substantially transforms romantic relationships, and incarceration may alter the commitment between partners, thereby undermining or strengthening relationships. In this article, we use in-depth interviews with 85 women connected to incarcerated men (as current or former romantic partners) to explore how women articulate relationship changes that stem from their partner’s jail incarceration, a common but understudied form of contact with the criminal legal system. We identify three interrelated and mutually reinforcing processes, which are shaped by and shape a partner’s commitment to the relationship. First, incarceration produces liminality in the status of the relationship. Second, incarceration fosters women’s sense of independence from their incarcerated partners. Third, incarceration creates space for partners to reevaluate how they prioritize the relationship in their lives. Jail incarceration intervenes in romantic relationships at different points during each relationship, and accordingly, women experience heterogeneity in processes of liminality, independence, and reprioritization. These processes contribute to differential relationship experiences, with some relationships deteriorating during incarceration, others strengthening, and others neither deteriorating nor strengthening. By systematically uncovering these processes linking jail incarceration to romantic relationships, we advance an understanding of how the criminal legal system can shape relationship commitment processes and inequalities among families.

Criminology. 2023;1–28.

By H. Daniel Butler, Natasha Frost, Nancy Rodriguez, Melinda Tasca, and Jillian Turanovic

Prison violence is a persistent problem for institutional corrections and the rehabilitation of incarcerated individuals. Estimates suggest that one in three men and one in four women in prison experience physical violence, while over half of correctional staff express fear of serious injury or death while on the job. However, these statistics are likely underreported due to limited data sources and challenges in data collection and reporting. As a result, the true prevalence of prison violence remains uncertain. In response to this pressing issue, with support of Arnold Ventures, the Prison Violence Consortium was established to better understand the scale, scope, and consequences of prison violence. The Consortium brought together researchers and practitioners from seven state correctional systems: Arizona, Colorado, Massachusetts, Ohio, Oregon, Pennsylvania, and Texas. Through a multi-strategy approach, we collected and analyzed data from a variety of sources, including official records, self-reported data, and interviews from incarcerated persons and correctional staff. A key finding from our work is that, much like the “dark figure of crime” in general society, there is a substantial “dark figure” of prison violence. This discovery underscores that the current practices of documenting and examining prison violence are insufficient, as the majority of prison violence is not reported. Without a national comprehensive strategy to improve the accuracy of how we measure prison violence, efforts to reduce it will be inconsistent and likely ineffective.

Irvine, CA: UC Irvine School of Social Ecology, 2024. 12p.

By Nicholas Shapiro, Terence Keel

The rising number of jail deaths in the United States has left impacted community members, state actors, media, and scholars questioning if these rates are a reflection of the overall declining health of the nation or are due to factors specific to the carceral environment. This fact sheet contributes to this national dialogue through the analysis of autopsies for 58 deaths that occurred in Los Angeles County Jails over a 9-year period. Our study shows that young Black and Latinx men are not dying merely from "natural causes" but from the actions of jail deputies and carceral staff. Our findings support the efforts of community members and lawmakers attempting to reform the cash bail system in Los Angeles County as three quarters of the deaths in our study were individuals held in pre-trial detention. Moreover, our study supports the urgent need to reduce the jail population to expedite the closing of Men’s Central Jail and the potential life saving benefits of jail diversion programs for the people of Los Angeles County. We focus on autopsies because they are fundamental to establishing the causes and manner of death in carceral facilities that have limited public accountability. 

Los Angeles, UCLA Carceral Ecologies Lab, BioCritical Studies Lab, 2022. 9p.

By Hannah Miles Merran McAlister Samantha Bricknell

The National Deaths in Custody Program has monitored the extent and nature of deaths occurring in prison, police custody and youth detention in Australia since 1980. The Australian Institute of Criminology has coordinated the program since its establishment in 1992, the result of a recommendation made the previous year by the Royal Commission into Aboriginal Deaths in Custody. In 2023–24, there were 104 deaths in custody: 76 in prison custody, 27 in police custody or custody-related operations and one in youth detention. In total, there were 24 Indigenous deaths and 80 non-Indigenous deaths in custody. This report contains detailed information on these deaths and compares the findings with longer term trends.

Statistical Report no. 49, Canberra: Australian Institute of Criminology. 2024. 59p.

By Julienne Weegels

In this article, I explore how prison riots, large critical incidents of a collective order, emerge, take place, and alter governance relations in place in the Nicaraguan prison system. Drawing on ethnographic research conducted with prisoners and former prisoners of two Nicaraguan prison facilities, I provide a prisoners’ point of view on the political use of violence in prison, particularly during two large prison riots. While authorities often held that prison conditions combined with the “violent attitudes” of prisoners turned prisons into “powder kegs,” such an interpretation does not allow for an understanding of riots as embedded in prison governance structures and conveniently draws the attention away from underlying issues pertaining to the de facto sharing of power in prison in Nicaragua. I argue that by using what has been termed “creative violence,” prisoners attempt to break through the authorities’ imposed regime of public secrecy and draw attention to these issues, forcing authorities to negotiate. Yet, even if riots then function as a catalyst for changes in co-governance arrangements, they do not appear to be geared at permanently damaging or annihilating the existing arrangements but rather at pressuring the authorities hard enough to make compromises and concessions as to the distribution of power in prison.

International Criminal Justice Review, Volume 30, Issue 1, March 2020, Pages 61-82

By Gustavo Fondevila and Carlos Vilalta‑Perdomo

Using a survey applied to incarcerated populations in Latin American countries, this study aims to examine the factors that determine the existence of violence in prisons and explain why some penitentiaries are more violent than others by studying variables such as inmate age, sentence length, and crime type. A quantitative examination is used to determine the efect of these variables on prison violence (property theft and beatings), and whether it is a result of the living conditions within the prisons. The results indicate that the most overpopulated prisons, with the worst living conditions, have the lowest levels of violence (in Brazil and El Salvador). The lower rates of violence observed in certain Latin American prisons appear to be explained by the existence of criminal governments within penitentiary systems, organized and run by a dominant prison gang

International Criminology, (2024) 4:149–165, 17p.

By Laura I Appleman

Profits have long played a critical role in the administration of punishment in America. This Article provides one of the first full-length historical accounts of how the pursuit of private profits has shaped the American carceral system over time. It argues that deriving profits from punishment has been a crucial and formative aspect of American carcerality since our earliest days. Although most scholars have focused on convict leasing in the postbellum era as the first major example of private prison profiteering, this Article shows how a predatory for-profit system of punishment well predates this, originating in the colonial era. The story of American corrections, fully told, reveals four distinct transformative periods over the nearly five-century evolution of American incarceration, ultimately explaining the condition of today’s carceral state. In addition to providing a broader and more complete historical perspective, this Article also explains how the most recent inroads of privatized, for-profit correctional entities have overtaken the contemporary workings of the carceral system, causing chaos, abuse, and death. The Article details the mechanisms through which seeking profits from incarceration has led to objectively worse conditions and outcomes for the punished. Given the now widespread privatization and corporate takeover of so many aspects of the carceral state, from healthcare to food services and beyond, it is well past time to question the role of “Big Capital.” This Article shines a light on the forgotten history of the American carceral crisis, tracing the role of profits from colonial days to the 21st century.

Forthcoming Maryland Law Review

By Lewis Mudge

 In April 2021, a transitional military council headed by Mahamat Idriss Déby took control of Chad following the death of his father, late President Idriss Déby Itno. This triggered demonstrations, including by civil society and opposition party members, to demand a return to civilian rule. The authorities violently cracked down on such protests which culminated on October 20, 2022, when thousands of people demonstrated against an extension of the transitional government by two years. On this day, remembered as “black Thursday,” security forces fired live ammunition at protesters, killing and injuring scores. Hundreds more were detained and transferred to Koro Toro, a high security detention facility managed by the government and located about 600 kilometers north of N’Djamena, the country’s capital, in the desert. Some detainees died en route to Koro Toro, others died in the prison. In “Worse than hell”: Death and Torture at Chad’s Koro Toro Prison, Human Rights Watch documents the serious human rights violations experienced by protesters during their transit from N’Djamena to Koro Toro and in the prison itself. Based on interviews with survivors and witnesses as well as on satellite imagery, it exposes abuses that former detainees, including children, detained in connection to the October 20 protests, faced from the start of their detention until their release. These include forced labor, torture and inhuman treatment and denial of medical treatment, sometimes leading to deaths in custody, as well as arbitrary detention and unfair trials. The report provides insight into the deplorable – and unlawful – prison conditions and management at Koro Toro prison and makes recommendations to Chad and its partners for redress.  

New York: Human Rights Watch, 2024.  98p.