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PUNISHMENT

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

Posts in Social Sciences
Crime And Punishment- Changing Attitudes In America

Edited by Arthur L. Stinchcombe, Rebecca Adams, Carol A. Heimer, Kim Lane Scheppele, and Tom W. Smith
D. Garth Taylor.

From the cover: In the past thirty-five years, Americans have become more fearful of crime and more punitive toward criminals—at least in the sense of being more favorable toward capital punishment and other harsh penal­ties. But at the same time they have become more tolerant regarding a whole series of social and civil liberties issues generally associated with a more humane attitude toward criminals. This new book analyzes survey data collected over the years, especi­ally from the Gallup polls and the National Opinion Research Center’s General Social Surveys, in order to explore various aspects of these contradictory developments. The authors consider the hypothesis that rising crime rates cause increased fear of crime and that this in turn causes people to become more punitive. They find that exposure to high crime rates does cause in­creased fear but that fearful people are only slightly more punitive than other people. Furthermore, white people who live in high crime areas are no more punitive than peo­ple living in safer areas, and black people (who tend to live in high crime areas) are less punitive than people living in safer areas. To determine why the liberalization of public opinion on issues of race and civil liberties has not led to more tolerant atti­tudes on questions of crime and punish­ment, the authors examine in detail the relationship between general liberalism in regard to racial or civil liberties and more humane attitudes toward criminals. They also consider why increased fear of crime has not led to increased support for gun registration. This study breaks new ground by using recent innovations in the techniques of sur­vey analysis to study trends in public opin­ion and to analyze the causes of those trends. It thus represents a contribution to the lit­erature on subjective social indicators as well as a model for further explorations of the reasons for change in public opinion over time.

San Francisco, Josses-Bass Inc. Publishers. 1980. 168p.

Contemporary Punishment: Views, Explanations, And Justifications

Edited by Rudolph J. Gerber and Patrick D. McAnany, editors. Foreword by Norval Morris

From the cover: Contemporary Punishment provides a comprehensive and thoughtful overview of the criminal justice system. The authors present the various arguments for the justification of punishment and in the concluding section attempt to reconcile the discrepancies among the competing views. When the question is asked why society punishes criminals, the answer touches the foundations of our political, social and moral life. We have spent centuries dis­cussing how the coercive power of society will be applied to those who break the rules. As Max Weber has said; "It is a fact that most 'fundamental' questions are often left unregulated by law even in legal orders which are otherwise thor­oughly rationalized." This implies that each generation must wrestle with the problem and fashion an answer which satisfies its sense of justice.

London. University of Notre Dame Press. 1972. 263p.

Beyond Freedom and Dignity

By B. F. Skinner

In this profound and profoundly challenging book, the great behaviorist B. F. Skinner, re­garded by many as the most influential and con­troversial living psychologist, author also of the celebrated utopian novel Walden Two, makes his definitive statement about man and society. Insisting that the frightening problems we face in the world today can be solved only by dealing much more effectively with human be­havior, Skinner argues that our traditional con­cepts of freedom and dignity must be sharply revised. They have played an important histori­cal role in man’s struggle against many kinds of tyranny, he acknowledges, but they are now re­sponsible for the futile defense of a free and worthy autonomous man; they are perpetuating our use of punishment and are blocking the de­velopment of more effective cultural practices. Basing his arguments on the massive results of the experimental analysis of behavior in which he pioneered, he rejects traditional explanations of behavior in terms of states of mind, feelings, and other mental attributes in favor of expla­nations to be sought in an individual’s genetic endowment and personal history. He tells why, instead of promoting freedom and dignity as personal attributes, we should direct our atten­tion to the physical and social environments in which people live. It is the environment that must be changed rather than man himself if the traditional goals of the struggle for freedom and dignity are to be reached.

Alfred Knopf. 1971, 293p.

American Jails

Edited by Kenneth E. Kerle, American Jail Association

“People familiar with the American jail scene realize that jails rank at the bottom of the criminal justice hierarchy in influence. Courts, prosecuting attorneys, police, and even probation and parole offi­cials exert more political clout than jail administrators. Jail popu­lation figures have nearly doubled in a decade, and now more than 300,000 ADP (average daily population) are found in the 3,338 jails in the 3,000 plus counties and cities that operate these institutions of incarceration. During 1987, there were more than 17 million ad­missions and releases from county and city jails. These local gov­ernment agencies serve as the dumping grounds for the arrested criminal, the chronic drunk, the DWI (driving while intoxicated), the mentally ill, the homeless, and juveniles ranging from the run­away to the amoral killer.”

Nelson-Hall. 1991. 299p.

Still Nothing To See Here? One year update on prison deaths and FAI outcomes in Scotland

By Sarah Armstrong, Linda Allan, Deborah Cairns, Stuart Allan and Betsy Barkas  

This briefing addresses dying in prison in Scotland, including information about the numbers and circumstances of deaths. Even when presenting statistical data, we never forget that these numbers represent individual people who were part of families and communities, and that their loss is deeply felt. Our motivations for doing this work are to raise awareness of deaths in custody and to provide rigorous evidence about this issue. Ultimately, we aim to prevent deaths and reduce the number of families and friends who are exposed to the often traumatising experience of a fatal accident inquiry on top of their bereavement.   

Glasgow: Scottish Centre for Crime and Justice Research, 2022. 26p.

Locked Up on the Outside: How incarceration affects social networks and mental health among recently released Black men in Baltimore

By Kelly Marie King

Extensive research exists documenting national trends in incarceration and the myriad “collateral consequences” individuals face upon returning home from prison or jail. Few studies to date, however, have examined men’s social conditions and lived experiences during periods of confinement, presenting a timely opportunity for qualitative inquiry. Such insight is of particular importance for Black men residing in urban neighborhoods, given the disproportionate burden of incarceration shared by this group. To better understand how incarceration affects men’s social networks and mental health, this dissertation analyzed secondary data from N=22 in-depth, qualitative interviews with N=20 formerly incarcerated Black men in Baltimore, Maryland (MD). Semi-structured interviews, conducted by a Black, female, doctoral student, took place at an academic, community-based research center between October 2014 and June 2015. Inductive analysis was used to uncover salient themes relevant to recently released men’s lives. Chapter 3 explores potential pathways underlying observed associations between incarceration and social network turnover. Losing loved ones to death or incarceration, perceived lack of support, desire to “do different," and social isolation all emerged as possible mechanisms through which imprisonment alters men’s relationships with friends and family. Results highlight the need for additional opportunities for men to foster prosocial connections. Chapter 4 investigates informal social network structures within correctional environments. Men

  • described four social subgroups within the correctional context: preexisting ties, gang membership, “staying to yourself,” and homosexuality. Findings may be used to shape existing correctional policies to support the development of meaningful, nonviolent connections, across subgroups. Chapter 5 assesses the impact of the correctional environment on men’s mental health during and following periods of confinement. High levels of institutional control and exposure to violence emerged as drivers of poor mental health, including hypervigilance, emotional withdrawal, distrust, institutionalization, and suicide. Results help clarify existing relationships between incarceration, depression, anxiety, and PTSD, and underscore the need for appropriate screening and treatment modalities, within and outside of correctional facilities. Finally, Chapter 6 describes the theoretical, programmatic, and policy implications relevant to this dissertation, offers an overview of the strengths and limitations associated with the chosen research design, and provides suggestions for future research.

Baltimore, MD: Johns Hopkins University, 2018. 184p.

Expanding Supervised Release in NYC: An Evaluation of June 2019 Changes

By Joanna Weill

New York City jails held an average of 5,468 individuals a day in 2021, 1 far below the peak incarceration of over 20,000 in the early 90s, 2 but above the City’s stated aim of 3,300.3 In working towards this goal, New York City expanded its Supervised Release Program (SRP). Through SRP, individuals awaiting trial are released under community supervision to ensure their return to court, rather than having bail set and/or being detained in jail. The program includes phone and in-person check-ins and connections to voluntary services. More recent iterations of the program have allowed judges to set mandatory programming as a condition of release for participants in SRP. This brief looks at the impact of one SRP expansion implemented in June 2019.  

New York: Center for Court Innovation, 2022. 15p.

Locked In and Locked Down: Prison Life in a Pandemic: Evidence from ten countries

By Catherine Heard

When COVID-19 was declared a pandemic on 11 March 2020 the need for rapid action in prisons to avert a public health disaster was clear. There were warnings of the risks to prisoners, prison staff and others coming into contact with them, if outbreaks occurred in prisons. The pandemic emerged at a time when most countries’ prison systems were running above their official capacity, after decades of rising prisoner numbers in much of the world. Risks were especially high in countries with overcrowded prisons because of cramped accommodation, low staffing levels, and poor sanitation and healthcare standards. In this report we present evidence of how life in custody changed as a result of the global health emergency, drawn from over 80 interviews with prisoners, ex-prisoners and their loved ones, which we and our research partners conducted before and during the pandemic.   

London: Institute for Crime & Justice Policy Research, 2021. 27p.

COVID-19, Jails, and Public Safety December 2020 Update

By Anna Harvey, Orion Taylor and Andrea Wang

This report, updating the September 2020 Impact Report on COVID-19, Jails, and Public Safety, draws on a sample of approximately 19 million daily individual-level jail records collected by New York University's Public Safety Lab between Jan. 1, 2020 and Oct. 22, 2020. We explore how bookings, releases, and rebooking rates changed during the pandemic, relative to the pre-pandemic period. + Jail populations in the sample decreased by an average of 31% over the six weeks following the March 16 issuance of the White House "Coronavirus Guidelines for America," which expired on April 30. Jail populations then increased and have since recovered half of these decreases, despite explosive COVID-19 case growth in many of the counties in the sample. Counties with higher countywide COVID-19 case growth between March 1 and Oct. 22 have not seen larger reductions in jail populations. The decreases in jail populations after the issuance of the White House Guidelines on March 16, and the lack of responsiveness of jail populations to local COVID prevalence after those guidelines expired, suggest the importance of clear policy directives for reducing disease transmission risk within county jails. + Jail bookings dropped sharply in mid-March and remain on average 36% below pre-pandemic levels. As bookings declined, the characteristics of those booked into jails shifted. Those booked into jails between mid-March and late October were booked on more charges on average, were more likely to be booked on felony charges, and were less likely to be booked on lesser charges like…..

  • failure to appear, than those booked into jails prior to this period. + Although jail bookings dropped after mid-March, those booked into jails were detained for longer periods of time. Average detention duration increased sharply after mid-March, doubling from about 15 to 30 days, and remains nearly twice as high as the pre-pandemic average detention duration. This increase has offset reductions in admissions, and contributed to rebounding jail populations observed since mid-March. + Parallel to trends in daily bookings, daily releases dropped sharply in mid-March and remain approximately 40% below baseline levels. Those released from jails between mid-March and late October had been booked on more charges on average, were more likely to have been booked on felony charges, and were less likely to have been booked on lesser charges such as failure to appear, than those released from jails prior to mid-March.  The rate at which those released from detention are rebooked into jail following release is one possible measure of the public safety risk of jail releases. To date, 30-, 60-, 90-, and 180-day rebooking rates among those released during the pandemic have remained 13% - 33% below pre-pandemic rebooking rates. To the extent that rebooking rates measure the average public safety risk of releasing individuals from jail, this risk remains lower now than prior to the pandemic. + While the proportion of Black individuals among daily jail admissions did not change appreciably during the pandemic, the proportion of Black people among those released from jails during the pandemic decreased by approximately 5% relative to the pre-pandemic period. As a result, the proportion of jail populations composed of Black individuals rose during the pandemic.   

Washington, D.C.: Council on Criminal Justice, December 2020. 27p.

COVID-19 Testing in State Prisons

BySchnepel, Kevin T., Joanna Abaroa-Ellison, et al.

Across the country, the coronavirus pandemic has had taken a heavy toll on incarcerated populations. High infection and mortality rates stem largely from the crowded conditions and shifting populations within prisons, along with the challenges of implementing effective mitigation strategies, such as physical distancing. This report explores the potential relationship between COVID-19 testing rates and COVID-19 infection and mortality outcomes across the 32 state prison systems where information necessary to conduct such an analysis was publicly available. The report also describes how four states (Colorado, Connecticut, Michigan, and Vermont) conducted mass testing, and details outcomes for their incarcerated populations. Approximately half of the departments in the U.S. attempted to test all individuals in their prisons through some form of mass, or universal, testing program. This report draws on data available as of February 16, 2021.

Washington, DC: Council on Criminal Justice, 2021. 21p.

Professionalism in Probation

By Matt Tidmarsh

The meaning of terms like ‘profession’, ‘professional’, and ‘professionalism’ are disputed. In a probation context, however, such contestation is seldom acknowledged; when mentioned, debates on ‘professionalism’ typically refer to what the service has allegedly lost. This literature typically draws on the ideal-typical tenets of professional status to highlight attempts to change probation’s ideology of service (Robinson and Ugwudike, 2012); erode its knowledge, education, and training (Farrant, 2006); and constrain its autonomy over work (Fitzgibbon, 2007). The alleged demise of ‘professionalism’ was crucial to the mobilisation of the Transforming Rehabilitation reforms to probation in England and Wales. Professionalism in probation, it was argued, had been stifled by government interference; restoring it by establishing markets for low-to-medium risk offenders was vital to attempts to create an efficient, cost-effective service (Ministry of Justice [MoJ], 2010, 2013). However, the detrimental impact of Transforming Rehabilitation on probation has been widely observed (e.g. HM Inspectorate of Probation, 2020a; National Audit Office [NAO], 2019; Tidmarsh, 2021a). For example, then-Chief Inspector of Probation Dame Glenys Stacey described how a transactional model of probation was ‘fundamentally flawed’ (HM Inspectorate of Probation, 2019a: 89). Indeed, the manner in which Transforming Rehabilitation ‘downgraded’ and ‘diminished’ the profession (HM Inspectorate of Probation, 2019a) influenced the decision to return probation services to the public sector, in June 2021

  • (HM Prison and Probation Service [HMPPS], 2021). A commitment to enhancing ‘professionalism’ by improving the skills, knowledge, and standards of the workforce is, once again, a central theme in yet more probation restructuring (HMPPS, 2020a, 2020b, 2020c). This Academic Insights paper, therefore, reviews the academic literature on ‘professionalism’ and applies it to probation. In particular, it highlights the opportunities provided by probation unification to better embed professionalism within the service.    

Manchester, UK: HM Inspectorate of Probation, 2022. 18p.

More Work to Do: Analysis of Probation and Parole in the United States, 2017-2018

By Kendra Bradner, Vincent Schiraldi, Natasha Mejia, and Evangeline Lopoo

This research brief offers an initial analysis of newly-released data from the Bureau of Justice Statistics (BJS), which report on the number of people under probation and parole supervision in 2017 and 2018. This brief seeks to put the data into the context of historical and international community supervision trends and to examine supervision rates through a racial equity lens. The authors find that, while there has been an observable decline in the number of people under community supervision, the United States continues to maintain high rates of community supervision compared to historic rates, as well as compared to European rates. Further, community supervision is still marked by significant racial disparities and “mass supervision” continues to be a major contributor to mass incarceration. Finally, from 2008 to 2018, the decline in the number of people on probation has failed to keep pace with the decline in arrests, resulting in an increase in the rate of probation, per arrest. The authors recommend that policymakers address points of racial and ethnic disparity, shorten parole supervision periods and allow people to reduce their supervision periods through compliant behavior, eliminate incarceration as a response to non-criminal technical violations, and invest savings in initiatives co-designed with impacted communities.

New York: Columbia University Justice Lab, 2020. 25p.

Reducing Probation Revocations in Pima County, Arizona: Findings and Implications from the Reducing Revocations Challenge

By Kelly Roberts Freeman, Ammar Khalid, Lily Robin, Rochisha Shukla, Paige Thompson and Robin Olsen

Probation revocation to jail or prison can result when a person is arrested for a new crime or is in violation of their probation conditions. The nature of probation supervision and how these violations relate to revocation varies depending on individual factors and the local context. Through the Reducing Revocations Challenge, the Urban Institute partnered with the Adult Probation Services Division of the Arizona Administrative Office of the Courts and the Pima County Adult Probation Department to shed light on the revocation pathways in Pima County and to identify policy solutions to address them. Specifically, this mixed-methods study aimed to examine 1) the types of noncompliance that occur (i.e., new crimes and technical violations); 2) probation officer and judicial responses to noncompliance; and 3) the role of client, caseload, and supervision characteristics on formal violations and revocation. This report presents our analysis of administrative probation data contextualized by a qualitative assessment of state and local policies, probation client case files, and interviews with probation officers, judges, and community providers. This allowed us to explore in-depth the factors, circumstances, and behaviors that drive both petitions for revocation and revocation outcomes. We provide policy implications based on these findings to safely reduce revocations and maximize supervision success.

Washington, DC: The Urban Institute, 2021. 55p.

Tip of the Iceberg: How Much Criminal Justice Debt Does the U.S. Really Have?

By Briana Hammons

Considerable research has uncovered the financial burden and unintended consequences wreaked on the people charged with paying fines and fees. But there has been little, if any, investigation into how much court debt is outstanding or delinquent nationwide. Understanding the full scope of our nation’s criminal justice debt problem is vital to the task of creating an equitable justice system. In an effort to obtain this critical information, the Fines and Fees Justice Center contacted judicial offices and government agencies in all 50 states and the District of Columbia that might have data related to outstanding court debt. We chose to focus our investigation on court debt because courts keep a record of every case, and those records should specify the amount of fines and fees imposed at conviction. We assumed that courts routinely aggregated this data, allowing them to determine the amount of fines and fees assessed. We also assumed that courts would track how much of those fines and fees were actually collected. But for half the country, that is not the case. What this means is that the full extent of our nation’s problem with court debt is shockingly untraceable and unknown. Reliable and current data is necessary to develop informed and effective public policy, and it is a vital tool to accurately judge the efficacy of a particular program and existing practices. In order to intelligently assess policy solutions, we need a complete view of every state’s court debt including, the total amount of fines and fees imposed, assessed, collected, and outstanding and data about the people who owe

  • fines and fees, including eligibility for a public defender or public benefits and charges for which the debt was imposed.

New York: Fines & Fees Justice Center, 2021. 34p.

Uniform Parole Reports: A National Correctional Data System

By M. G. Neithercutt, William H. Mosely and Ernst A. Wenk

From the summary: “At the request of the leading parole organizations which sponsor the National Probation and Parole Institutes program, the Uniform Parole Reports project was initiated in October 1964. An initial Feasibility Study was completed through the collaboration of 24 state parole agencies. This work resulted in a rant award by the National Institute of Mental Health for a three year pilot study to further develop the reporting system. A three year continuation grant followed that and since March 1972 the Law Enforcement Assistance Administration has provided the necessary support. The program is aimed at the development of a nationwide system of uniform parole reporting to provide reliable, comparable data by which paroling authorities may evaluate their policies and programs on an interstate  

National Council on Crime and Delinquency. Unpublished Report. March 1975. 73p.

How Many People Are Spending Over a Decade in Prison?

By Nazgol Ghandnoosh, and Ashley Nellis

Over 260,000 people in U.S. prisons had already been incarcerated for at least 10 years in 2019, comprising 19% of the prison population. Nearly three times as many people—over 770,000— were serving sentences of 10 years or longer. These figures represent a dramatic growth from the year 2000, when mass incarceration was already well underway. Based on criminological evidence that criminal careers typically end within approximately 10 years and recidivism rates fall measurably after about a decade of imprisonment, The Sentencing Project recommends taking a second look at sentences within 10 years of imprisonment. This research brief presents state-level analysis revealing a common growing trend of lengthy sentences, as well as significant geographic variation. The analysis also addresses racial disparities in long sentences. Because racial disparities are even starker here than among those serving shorter prison terms, focusing reform efforts on sentences of 10 years or more can accelerate racial justice. Finally, the brief presents the criminological and legal foundations for sentencing reform and offers recommendations for policymakers.

Washington, DC: The Sentencing Project, 2022. 16p.

Resisting Carceral Violence: Women's Imprisonment and the Politics of Abolition

By Bree Carlton and Emma K. Russell

This book explores the dramatic evolution of a feminist movement that mobilised to challenge a women’s prison system in crisis. Through in-depth historical research conducted in the Australian state of Victoria that spans the 1980s and 1990s, the authors uncover how incarcerated women have worked productively with feminist activists and community coalitions to expose, critique and resist the conditions and harms of their confinement. Resisting Carceral Violencetells the story of how activists—through a combination of creative direct actions, reformist lobbying and legal challenges—forged an anti-carceral feminist movement that traversed the prison walls. This powerful history provides vital lessons for service providers, social justice advocates and campaigners, academics and students concerned with the violence of incarceration. It calls for a willingness to look beyond the prison and instead embrace creative solutions to broader structural inequalities and social harm.

Cham: Palgrave Macmillan, 2018. 268p.

Prison Policy in Ireland: Politics, Penal-welfarism and Political Imprisonment

By Mary Rogan

This book is the first examination of the history of prison policy in Ireland. Despite sharing a legal and penal heritage with the United Kingdom, Ireland’s prison policy has taken a different path. This book examines how penal-welfarism was experienced in Ireland, shedding further light on the nature of this concept as developed by David Garland. While the book has an Irish focus, it has a theoretical resonance far beyond Ireland. This book investigates and describes prison policy in Ireland since the foundation of the state in 1922, analyzes and assesses the factors influencing policy during this period and explores and examines the links between prison policy and the wider social, economic, political and cultural development of the Irish state. It also explores how Irish prison policy has come to take on its particular character, with comparatively low prison numbers, significant reliance on short sentences and a policy-making climate in which long periods of neglect are interspersed with bursts of political activity all prominent features. Drawing on the emerging scholarship of policy analysis, the book argues that it is only through close attention to the way in which policy is formed that we will fully understand the nature of prison policy. In addition, the book examines the effect of political imprisonment in the Republic of Ireland, which, until now, has remained relatively unexplored.

London; New York: Routledge, 2011. 254p.

Promising Practices for Strengthening Families Affected by Parental Incarceration A Review of the Literature

By Meghan McCormick, Bright Sarfo and Emily Brennan

Over 5 million American children under the age of 18 years, a disproportionate number of whom are Black or Latino, have had a residential parent jailed or incarcerated. While a number of existing studies identify parental incarceration as a key risk factor for poor child and family outcomes, there is more limited information describing programs that aim to promote positive outcomes for children with parents involved in the criminal justice system. This literature review analyzes published studies about family strengthening programs that seek to maintain and build healthy relationships between parents who are incarcerated and their children. The review is organized by six key areas of programmatic focus that the research team identified based on an initial scan of the literature, consultations with experts and programs in the field, and guidance from the Administration for Children and Families (ACF) within the U.S. Department of Health and Human Services.

Washington, DC: Office of Planning, Research, and Evaluation, Administration for Children and Families, U.S. Department of Health and Human Services, 2021. 61p.

Strengthening Families impacted by incarceration: A review of current research and practice

By Jessica Meyerson and Christa Otteson

To incorporate the broad and diverse range of research that speaks to families affected by incarceration, the remainder of this literature review is organized into three sections:  A brief review of the service needs of families affected by incarceration  A review of the most widely agreed upon research-based “practices” related to families affected by incarceration  An inventory of specific evidence-based programs, service models, and curricula that have been used to provide supportive services to incarcerated parents, their children, and their children’s caregivers

Stt. Paul, MN: Wilder Research, 2009. 40p.