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PUNISHMENT

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Louisiana on Lockdown: A Report on the Use of Solitary Confinement in Louisiana State Prisons, With Testimony from the People Who Live It

By Solitary Watch, American Civil Liberties Union of Louisiana; Jesuit Social Research Institute/Loyola University New Orleans

The use of solitary confinement in the state of Louisiana has penetrated the broader public consciousness largely through the story of the Angola 3. Over the past decade, the harrowing saga of three African American men—all likely innocent of the prison murders that were used to justify confining them in solitary for up to 43 years—sparked media attention and public outcry as the ultimate expression of harsh, racist, Southern injustice. But there is another story to be told about solitary confinement in Louisiana. Like the story of the Angola 3, it is deeply rooted in the history of racial subjugation and captivity in the South, which begins with slavery and stretches through convict leasing and Jim Crow to the modern era of mass incarceration. However, it extends far beyond the lives of just three men. This is the story of a prison system where, on any given day, nearly one in five people is being held in isolation, placed there by prison staff, often for minor rule violations or “administrative” reasons. When it conducted a full count in the fall of 2017, the Louisiana Department of Public Safety and Corrections (LADOC) reported that 19 percent of the men in its state prisons—2,709 in all—had been in solitary confinement for more than two weeks. Many had been there for years or even decades. The Vera Institute of Justice, which released its own report on solitary confinement in Louisiana earlier this year, similarly found over 17 percent of the state’s prison population in solitary in 2016. These rates of solitary confinement use were more than double the next highest state’s, and approximately four times the national average. Given that Louisiana also has the second highest incarceration rate in the United States, which leads the world in both incarceration and solitary confinement use, it is clear that Louisiana holds the title of solitary confinement capital of the world. The state has this dishonorable distinction at a time when a growing body of evidence offers proof of the devastating psychological and social harms caused by prolonged solitary confinement, as well as its ineffectiveness as a tool to reduce prison violence. In 2015, when it revised its Standard Minimum Rules for the Treatment of Prisoners (known as the Mandela Rules), the United Nations acknowledged that solitary confinement of 15 days or more is cruel, inhumane, and degrading treatment that often rises to the level of torture. Taken together, these facts indicate that the state of Louisiana is abusing and at times torturing thousands of its citizens for no legitimate purpose whatsoever. The numbers, however, still tell only part of the story. Just as Albert Woodfox’s memoir "Solitary" powerfully conveys what it is like to live for decades in conditions that are designed “to break people,” the words of individuals living in solitary confinement are vital to understanding the reality of what is happening today in Louisiana’s prisons. For this report, we collected information directly from those men and women. The bulk of the report is based on detailed responses from more than 700 lengthy surveys completed by individuals in solitary, whose names and identifying information have been changed to protect their safety and privacy. Their descriptions paint a grim picture of long stretches of time spent in small cells that are often windowless, filthy, and/or subject to extreme temperatures, where they are denied basic human needs such as adequate food and daily exercise, and subject to many forms of abuse as well as to unending idleness and loneliness, resulting in physical and mental deterioration. Since surveys were returned voluntarily, the results cannot be viewed as a comprehensive or representative sampling. Yet with more than 700 responses from all nine of the state’s prisons, which provided personal narratives as well as quantitative data,8 we believe our report complements, builds upon, and adds an even greater sense of urgency to previous recommendations for reform of solitary confinement in Louisiana, including those included in the recent report by the Vera Institute of Justice. At a moment when LADOC has, for the first time, shown willingness to reconsider and reduce its use of solitary confinement, the findings in this report offer vital insights—and illuminate a path toward the sweeping changes that must be made if Louisiana is to create a prison system that succeeds in both advancing public safety and preserving the human rights of incarcerated people. Major findings from this report include the following: • More than 77 percent of respondents said they had been held in solitary confinement for more than a year, and 30 percent said they had been in solitary for more than five years. LADOC has not collected data on duration of time in solitary. Nationally, less than 20 percent of individuals in solitary, on average, have been there for more than one year. The United Nations has called on countries to ban the use of solitary beyond two weeks. • Just over 56 percent of respondents were in Extended Lockdown, which is generally used as punishment for prison rule violations, and which has no maximum duration. This type of segregation violates UN prohibitions on both using isolation for punishment (as opposed to safety) and using it for indefinite periods. • African Americans were over-represented among respondents. This racial disparity is consistent with the Vera Institute’s report, which also found higher percentages of African Americans and lower percentages of whites in solitary than in the general prison population. • More than half of respondents believed their mental health had worsened during their time in solitary. Most others said it had stayed the same or weren’t sure. • Many described psychological problems consistent with research on the negative mental health effects of prolonged solitary confinement. These include anxiety, panic attacks, depression, hopelessness, sensitivity to light and sound, visual and auditory hallucinations, rage, paranoia, and difficulty interacting with others. Some expressed fear that the damage would be permanent, and they would “never be the same again.” • More than one-quarter of respondents reported engaging in self-harm, including cutting and head-banging, while in solitary, while less than 6 percent said they had done so while in general population. More than 66 percent said that they had witnessed others attempting to harm themselves frequently while in solitary. Of those who had harmed themselves, 4 percent said they received counseling in response, while more than 26 percent said they were punished for it. etc.....

New Orleans: Solitary Watch American Civil Liberties Union of Louisiana Jesuit Social Research Institute/Loyola University New Orleans. 2019. 135p.

Who is Transitioning out of Prison? Characterising Female Offenders and Their Needs in Chile

By Pilar Larroulet, Catalina Droppelm, Paloma Del Villar, et al.

The last decades’ increase in female incarceration has translated into an increasing number of women being released from prison. Understanding their characteristics and criminal trajectories can enlighten us regarding the different needs of women upon re-entering society after incarceration. Drawing on data from the Reinserción, Desistimiento y Reincidencia en Mujeres Privadas de Libertad en Chile study, this article identifies different profiles among a cohort of 225 women who were released from prison in Santiago, Chile, and demonstrates that significant heterogeneity exists among them in terms of their criminal trajectories and the intervention needs to support their transition out of prison.

International Journal for Crime, Justice and Social Democracy, 9(1), pp. 112-125. 2020.

Aggregate Prison Sentences in Victoria

By Paul McGorrery and Zsombor Bathy

An aggregate prison sentence involves a court imposing a single prison sentence on multiple criminal offences rather than a separate prison sentence on each offence. Table 1 illustrates the difference between aggregate and non-aggregate prison sentences. In the first example, the offender has received a single aggregate prison sentence of two years for aggravated burglary and theft. And in the second example, the offender has received separate non-aggregate prison sentences for the same two offences. The end result in both examples is identical – a two-year total sentence – but the method of arriving at that total sentence differs.

There are a number of advantages to aggregate sentencing. It can significantly improve court efficiency, especially in cases with a large number of charges. It can avoid the impression of ‘artificiality’ in the sentencing process, particularly if there is an impression that the court has determined the most appropriate total effective sentence that is proportionate to the overall offending, but then has adjusted the various charge-level sentences and cumulation orders to achieve that result. It can also reduce calculation errors that may occur when charge-level sentences are made wholly or partly cumulative or concurrent, again especially in cases with a large number of charges. Aggregate sentencing can also, however, reduce transparency in sentencing, limit courts’ ability to assess current sentencing practices and, as this paper shows, result in some offences receiving sentences in excess of their maximum penalty. There has, to date, been no examination of Victorian courts’ use of aggregate prison sentences since their introduction in 1997. The aims of this paper are to utilise court data to review trends in the use of aggregate prison sentences in Victoria, and to then consider issues arising from their use.

Melbourne: Advisory Sentencing Council (VIC), 2023. 28p.

The Impacts of College Education in Prison: An Analysis of the College in-Prison Reentry Initiative

By Vera Institute of Justice

Postsecondary education in prison has positive effects for students who are incarcerated, their families and communities, public safety, and safety inside prisons. Research has demonstrated that postsecondary education reduces incarceration, makes prisons safer places to live and work, and improves employment and wages. Nationally, taxpayers also see major benefits, with every dollar invested in prison-based education yielding more than four dollars in taxpayer savings from reduced incarceration costs. Most people in prison are both interested in and academically qualified for postsecondary education (64 percent), yet only a tiny fraction of people in prison completes a credential while incarcerated (9 percent). This gap between educational aspirations and participation is driven largely by a lack of capacity due to limited funding.

New York: Vera Institute of Justice, 2023. 3p.

Free-World Law Behind Bars

By Aaron Littman

What law governs American prisons and jails, and what does it matter? This Article offers new answers to both questions.

To many scholars and advocates, “prison law” means the constitutional limits that the Eighth Amendment and Due Process Clauses impose on permissible punishment. Yet, as I show, 'free-world' regulatory law also shapes incarceration, determining the safety of the food imprisoned people eat, the credentials of their health-care providers, the costs of communicating with their family members, and whether they are exposed to wildfire smoke or rising floodwaters.

Unfortunately, regulatory law’s protections often recede at the prison gate. Sanitation inspectors visit correctional kitchens, find coolers smeared with blood and sinks without soap—and give passing grades. Medical licensure boards permit suspended doctors to practice—but only on incarcerated people. Constitutional law does not fill the gap, treating standards like a threshold for toxic particulates or the requirements of a fire code more as a safe harbor than a floor.

But were it robustly applied, I argue, free-world regulatory law would have a lot to offer those challenging carceral conditions that constitutional prison law lacks. Whether you think that criminal-justice policy’s problem is its lack of empirical grounding or you want to shift power and resources from systems of punishment to systems of care, I contend that you should take a close look at free-world regulatory law behind bars, and work to strengthen it.

131 Yale Law Journal 1385 (2022)

UCLA School of Law, Public Law Research Paper No. 22-18

Mental Health and Prison Release Report

By Switchback

The report focuses on prison-leavers’ mental health. We know that the experience of prison-release can cause high levels of anxiety. At the same time mental health care in prison and especially after release is minimal and worsening.

Meanwhile at Switchback, over the last two years we have seen a 15% rise in the number of our Trainees with identified mental health needs (from 29% to 44%).

This report highlights the urgent need for us to reshape the way we release people from prison. We are calling for better mental health support for people leaving prison and for a prison release system that responds to the emotional challenges that people leaving prison are facing. A system that supports people to live life differently.

The experiences included within the report demonstrate inequities in access to care for people from ethnic minority backgrounds, with 90% of Switchback Trainees being from an ethnic minority background. Importantly mental health was a repeated topic of discussion in our Experts by Experience meetings, and together we decided we wanted to do something about it.

London: Switchback, 2024. 24p.

Sex Differences in the Effects of Adverse Childhood Experiences on Institutional Misconduct among Adults in Prison

By Valerie A. Clark and Grant Duwe

Research from the past few decades has highlighted the long- and wide-reaching effects of adverse childhood experiences (ACEs). These experiences can negatively affect mental and physical health, as well as behaviors and interpersonal relationships well into adulthood. While it is generally understood that ACEs are prevalent in correctional populations, no prior studies have measured this issue using a large representative and racially and ethnically diverse sample of both male and female adult correctional populations in the United States. The data used for this study were collected via an assessment administered to more than 2,100 adults in Minnesota’s prison system. Descriptive findings revealed that multiple and varied forms of ACEs were common in the histories of this state’s incarcerated population, particularly among females and incarcerated persons who identified as Black, White/non-Hispanic, and American Indian/Alaskan Native. The multivariate results revealed that past exposure to ACEs increased the likelihood and speed of disciplinary convictions after admission to prison for males, but not for females. Overall, the results underscored the importance of assessing for responsivity factors upon admission to prison, including ACEs.

St. Paul, Minnesota: Minnesota Department of Corrections, 2024. 35p.

Doing Family: Imprisoned Parents As Collaborators

By Eva Knutz, Thomas Markussen, Linda Kjær Minke

The focal point of this article is the design of a game-based tool for dialogue (‘Dads’ Round’) developed in collaboration with the Danish Prison and Probation Service for a Parenting Program. The tool is unique insofar as it includes stories collected from prisoners’ children about their troubled relationship with their fathers. By Evaluating the tool through interviews with incarcerated fathers, we demonstrate how they work together as peers to assess how such a tool works to help assume parenting roles during incarceration. Through the fathers statements, the stories they share and their collaborative scaffolding, we are able to identify the tool’s potential effect on parenting practices as well as pinpoint strengths and weaknesses of the tool. Our study suggests that new notions of parenting and doing family must be carefully considered in the design of parenting programmes.

Howard Journal of Crime and Justice Volume 62, Issue 4. 2023

The Better Futures Project Briefing 2: Mental Health in Prison

By NACRO (UK)

This briefing examines: the level and range of mental health problems in prison and how people in prison who have mental health problems are identified; the impact that the prison environment can have on people’s mental health; the support currently available in prison and the impact all this can have on people’s ability to turn their lives around on release. We propose solutions which aim to ensure that everyone has access to the right support whilst they are in prison and on release. Improving the mental health of people in contact with the criminal justice system is an essential step to reducing reoffending and ensuring people can rebuild their lives in the community when they are released. In addition to providing the right treatment and support, we must ensure that prisons are not the cause of mental health problems, nor should they contribute to a deterioration in someone’s mental health, either because of a poor prison environment or a lack of treatment and support when it’s needed. The quotes used throughout this briefing come from people with lived experience of the justice system that have been supported by Nacro. Summary of our main recommendations We set out recommendations at the end of this report which we believe will help people in the justice system get the support they need for good mental health. These are grouped as follows: The beginning of the criminal justice journey: Our recommendations focus on keeping people out of prison where they would be better supported and rehabilitated in the community. During a prison sentence: These recommendations concentrate on improved screening and training to identify mental health needs; improved support provision and improved relationships with staff; improving the prison regime to ensure purposeful activity and time out of cell and improve safety; and embedding a more trauma-informed approach. Transfer and transition into the community: Here we focus on the need to improve timely transfers to secure mental health facilities, and embed and evaluate the RECONNECT care after custody service.

London: NACRO, 2024. 28p.

SENTENCING

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EDITED BY Hyman Gross and Andrew von Hirsch

Sentencing, edited by Hyman Gross and Andrew von Hirsch, is a comprehensive collection of essays exploring various aspects of sentencing practices. This edited volume delves into the complexities of sentencing theory, policy, and reform, offering diverse perspectives from leading experts in the field. Whether you are a legal scholar, practitioner, or student, this book provides valuable insights into the challenges and debates surrounding sentencing in modern criminal justice systems.

New York / Oxford OXFORD UNIVERSITY PRESS. 1981. 401p.

Punishment and Deterrence

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By Johannes Andenaes

Andenaes explores the intricate relationship between punishment and deterrence, shedding light on the complexities of these concepts within the realm of criminal justice. By delving into the various theories and practices surrounding punishment, Andenaes addresses how the fear of punishment can potentially deter individuals from engaging in criminal behavior. Through his analysis, Andenaes underscores the fine balance that must be struck between exacting punitive measures and fostering a deterrent effect to effectively combat crime in society. His work prompts readers to critically examine the role of punishment as a means of deterring future criminal acts, highlighting the nuances and challenges inherent in this multifaceted process.

University of Michigan Press, 1974, 189p

Punishing Criminals; Concerning an Old and Painful Question

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By Ernest van den Haag

In the realm of criminal justice, the age-old debate surrounding punishment and its justifications continues to spark intellectual discourse. Examining the perspective famously articulated by Ernest van den Haag brings to light the complexities inherent in the concept of punishing criminals. Van den Haag's stance, advocating for the retributive nature of punishment as a means to uphold societal values and deter wrongdoing, remains a thought-provoking cornerstone in the field.

Delving into the intricacies of this enduring question sheds light on the multifaceted considerations at play when contemplating the appropriate response to criminal acts. As society grapples with the delicate balance between justice, rehabilitation, and retribution, the legacy of van den Haag's insights serves as a poignant reminder of the moral and ethical dilemmas woven into the fabric of punitive measures.

In a landscape where the dynamics of crime and punishment evolve alongside societal norms and values, the exploration of van den Haag's perspective offers a compelling starting point for engaging with the profound complexities inherent in addressing criminal behavior. Ultimately, the discourse surrounding punishing criminals remains a poignant reflection of humanity's ongoing quest for a fair and just society.

NY. Basic Books. 1975. 293p.

PRISONS INSIDE OUT: Alternatives in Correctional Reform

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By Benedict S. Alper

"PRISONS INSIDE OUT: Alternatives in Correctional Reform" delves into innovative approaches to reforming the traditional prison system. From restorative justice practices to community-based rehabilitation programs, this book explores a range of alternative methods aimed at transforming the correctional system. By highlighting successful case studies and thought-provoking insights, this book challenges conventional norms and offers new perspectives on how we can redefine the purpose and effectiveness of prisons in modern society. Whether you are a policymaker, a criminal justice professional, or simply an interested individual, "PRISONS INSIDE OUT" is a must-read for those seeking a deeper understanding of the complexities of correctional reform.

Cambridge Mass. Ballinger Co. 1974.

PRISON NATION: THE WAREHOUSING OF AMERICA'S POOR

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EDITED BY TARA HERIVEL AND PAUL WRIGHT

"Prison Nation: The Warehousing of America's Poor" offers a compelling examination of the intersecting issues of poverty and incarceration in the United States. Through meticulous research and incisive analysis, this book sheds light on the troubling reality of how the most vulnerable members of society are disproportionately affected by the criminal justice system. Blending personal narratives with stark statistics, the author navigates the complex web of policies and practices that perpetuate a cycle of poverty and imprisonment. An urgent call to action, "Prison Nation" challenges readers to confront the deep-rooted inequalities that plague the American justice system and to advocate for meaningful change.

Routledge. NEW YORK AND LONDON. 2003. 333p.

Philosophical Perspectives on Punishment. Second Edition

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Edited by Gertrude Ezorsky

Delve into the intricate world of punishment through a philosophical lens with the updated second edition of "Philosophical Perspectives on Punishment." This thought-provoking book offers a comprehensive exploration of the moral, ethical, and societal implications of punishment, inviting readers to reflect on the complex nature of justice and retribution. From ancient philosophical theories to modern-day perspectives, this edition delves into the evolving discourse surrounding punishment in a changing world. Whether you are a scholar, student, or simply a curious mind, this book provides a nuanced understanding of punishment through the philosophical perspectives that shape our conceptions of right and wrong.

NY. SUNY Press. 2015. 446p.

JOURNEY FROM THE GALLOWS: Historical Evolution of the Penal Philosophies and Practices in the Nation's Capital Mary Hostetler Oake

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By Mary Hostetler Oakey. Edited by Belinda Swanson

In this insightful book, Mary Hostetler Oake delves into the historical evolution of penal philosophies and practices in the nation's capital. From the early days of the gallows to the modern approaches to criminal justice, Oake provides a comprehensive look at how attitudes towards punishment have changed over time. Drawing on meticulous research and engaging writing, JOURNEY FROM THE GALLOWS offers a thought-provoking exploration of a topic that continues to shape our society today.

University Press of America. ND. 387p.

In Prison

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By Debra Smith

"In Prison" by Debra Smith is a gripping novel that delves into the dark and often overlooked world of incarceration. Through vivid storytelling and compelling characters, Smith takes readers on a raw and emotional journey inside the walls of a prison. The novel sheds light on the complexities of human nature, the harsh realities of life behind bars, and the enduring power of hope and redemption. A thought-provoking and poignant read that will stay with you long after you turn the final page.

Adelaide. GINNINDERRA PRESS. 2008. . 131p.

IN THE BELLY OF THE BEAST LETTERS FROM PRISON

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By JACK HENRY ABBOTT

A visionary book in the repertoire of prison literature. When Normal Mailer was writing The Executioner's Song, he received a letter from Jack Henry Abbott, a convict, in which Abbott offered to educate him in the realities of life in a maximum security prison. This book organizes Abbott's by now classic letters to Mailer, which evoke his infernal vision of the prison nightmare.

NY. Vintage 1982. 221p.

THE GUILLOTINE AND THE TERROR:

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By Daniel Arasse, translated by Christopher Miller

"The Guillotine and the Terror" delves deep into the chilling history of the French Revolution, exploring the gruesome reign of terror that engulfed France. Unveiling the sinister purpose behind the invention of the guillotine, this book sheds light on the dark events that shaped a nation's destiny. From the blood-soaked streets of Paris to the political machinations of revolutionaries, this gripping narrative unveils the horror and brutality that defined an era. A must-read for history enthusiasts and those seeking to understand the complex interplay of power, fear, and revolution.

Penguin, 1991, 192 pages

Crisis and Reform: Current Issues in American Punishment

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By Alexis M. Durham III

After 300 years of the American struggle with crime and punishment-related issues, the nation seems less able to deal with them now than at any other time in history. Why have we failed? Is the worst yet to come?In Crisis and Reform, criminology expert Alexis M. Durham III explores the most serious problems currently plaguing America's correctional system, their historical background, and possible solutions.Topics covered include:--Prison Crowding-AIDS in Prison-Difficulties Associated with Older Inmates-Women in Prison-Changing the Offender-Alternatives to Incarceration, including Electronic Monitoring, Intensive Supervision, House Arrest, Community Services, and Day-Reporting Centers-Boot Camps-Prison Privatization-The Death Penalty

Jones & Bartlett Learning, 1994, 377 pages