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PUNISHMENT

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Beyond Bars: A Path Forward From 50 Years of Mass Incarceration in the United States

Edited by Kristen M. Budd, David C. Lane, Glenn W. Muschert, and Jason A. Smith

The year 2023 marks 50 years of mass incarceration in the United States. This timely volume highlights and addresses pressing social problems associated with the US’s heavy reliance on mass imprisonment. In an atmosphere of charged political debate, including ""tough on crime"" rhetoric, the editors bring together scholars and experts in the criminal justice field to provide the most up-to-date science on mass incarceration and its ramifications on justice-impacted people and our communities. This book offers practical solutions for advocates, policy and lawmakers, and the wider public for addressing mass incarceration and its effects to create a more just, fair and safer society.

Bristol, UK: Bristol University Press, 2023. 128p.

Political Prisoners in India

By Ujjwal Kumar Singh

From the general editor’s introduction: “….The essays are also intended to be fairly detailed and empirical in emphasis, so as to stand in regard to the introduction in something of the relationship of evidence to interpretation. The project is directed both at specific problems and at a number of fundamental debates on the nature of discourse; and yet it is not intended primarily to generate new theory but rather to make its contribution by approaching questions from a new direction. Part of the dissatisfaction which lies behind the project is with Eurocentric terminology. This is not because we deny the possibility of there being any universal terms, nor because we think all knowledge produced by Europeans essentially the same and equally corrupted by power. It is because we are impressed by the need to avoid all essentialism, and by the importance, both intellectually and in practical situations, of an appreciation of difference. It is because we are uncertain how large categories may properly be constructed. Similar concerns are expressed in various ways in many disciplines, and constitute a crisis of interpretation…”

Delhi. Oxford University Press. 1998. 313p.

One Long Night: A Global History of Concentration Camps

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By Andrea Pitzer

FROM THE COVER; “A Smithsonian Magazine Best History Book Of The Year” For more than one hundred years, at least one concentration camp has existed somewhere on earth. First used as battlefield strategy, camps have evolved with each passing decade, in the scope of their effects and the savage practicality with which governments have employed them. Even in the twenty-first century, as we continue to reckon with the magnitude and horror of the Holocaust, history tells us we have broken our solemn promise of "never again." Beginning with 1890s Cuba, Andrea Pitzer pinpoints the histories of concentration camps around the world and across decades. From the Philippines and Southern Africa to the Soviet Gulag and detention in China and North Korea during the Cold War, camp systems have long been used as tools for civilian relocation and political repression. Through telling the stories of individual prisoners swept into detention across the past century, One Long Night shows how camps became brutal and dehumanizing sites that claimed the lives of millions. Featuring a new afterword that places US border detention and family separation within the context of this dark history, One Long Night exposes our collective failure and its continued toll.”

New York, Back Bay Books. Little, Brown And Company. 2017. 494p.

The Wall Between

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By Annie Samuelli

FROM THE PREFACE: “From 1949 to 1961, I was one of a large community of women held in the political prisons of Communist Romania, all harshly convicted, not for their misdeeds but for what they actually represented. Since the advent of Communism, citizens who upheld faith, justice and the principles of democracy-from former prime ministers to simple peasants and confused members of the working class-now were convicted of treasonable activities on just those grounds. The elementary freedoms of opinion, speech, movement, religion and charity, hemmed in by arbitrary government decrees, had been virtually abolished, any transgression being paid for by long imprisonment. Persecution was directed as much against the aristocracy and bourgeoisie, ostensibly the chief targets of class warfare, as against any person, irrespective of origin, who consciously or not expressed criticism or the slightest opposition to the regime. For instance, spouses, parents, children are likewise incriminated as accessories after the fact, and whole families went to prison for having failed to denounce or for having harboured a fugitive from justice for his political beliefs or for violating one of the all-embracing Communist laws.

Thus the women's prisons were filled with representatives from all ranks of society, from the intellectual down to the illiterate. As I shared their lives day by day, night by night for twelve years, I had the opportunity of studying them closely, and it is mainly on them that this book is based.”

Washington, D.C.. Robert B. Luce, Inc. 1967. 241p.

The History of the Gulag: From Collectivization to the Great Terror

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By Oleg V. Khlevniuk. Translated by Vadim A. Staklo. With editorial assistance and commentary by David J. Nordlander. Foreword by Robert Conquest

FROM THE FOREWORD: “Although it is sometimes suggested that the Gulag was in some way derived from an older Russia, one has only to read about Dostoevsky's experiences as a political prisoner in The House of the Dead to find many differences. By the early twentieth century a number of Russian people--far fewer of them in any case than in Soviet times--were either in prison or in "exile." The latter penalty, whose victims included Lenin and Stalin, simply meant forced residence at some distant village, with a monetary allowance, sometimes with wives, but with no barbed wire or penal labor. The Gulag is only one example of how the Soviet regime represented a huge decline in civilization in Russia. But it is a revealing one. Areas of the Stalinist experience still remain obscure…”

NY. Yale University Press. 2004. 449p.

Seven Thousand Days in Siberia

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By Karlo Stajner. Translated By Joel Agee. With An Introduction By Danilo Kis

AUTHOR'S NOTE: “I was born Karl Steiner on January 15, 1902, in Vienna. After moving to Zagreb, the capital of the Yugoslav Republic of Croatia, in 1922, I adopted the Serbo-Croation spelling of my name, Karlo Stajner. In 1932, I emigrated to the Soviet Union, where I remained until 1956. Because of my Austrian origin, I was accused of being a Nazi agent and condemned to ten years at hard labor; a second ten-year term was later added to my sentence. After my release from prison in 1956, I returned to Yugoslavia and continued calling myself by my Serbo-Croatian name: Karlo Stajner. K.S.”

NY. Farrar Straus Giroux. 1988. 408p.

In Prison

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By Debra Smith

FROM THE INTRODUCTION: “After being anti-privatisation (and I am still very concerned about how much of all this is real and will last) I am coming to a positive view of this private prison. In the short term it is certainly better for the prisoners in the long term I don't know what safeguards are there that it is maintained. But it is a 20-year business plan and contract so if I'm still here in 2017 I guess I' be able to make a judgement.' Ididn't make it to 2017 - in September 2004 I received a letter terminating my contract: services no longer required…..”

Adelaide, Aus. Ginninderra Press. 2008. 129p.

Women Prisoners: A Forgotten Population

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Edited by Beverly R. Fletcher, Lynda Dixon Shaver, and Dreama G. Moon. Foreword by George Henderson. Illustrations By Lisa J. Billy

FROM THE FOREWORD: “Perhaps nothing captures the debilitating effects of sexism more vividly than an in-depth study of women incarcerated in our correctional institutions. Beneath the statistics lie a human tragedy of a magnitude most people cannot fully comprehend: a disproportionate number of women are wasting away in nonrehabilitative institutions that perpetuate rather than correct criminal behaviors. The editors and contributors to this book capture cogent slices of life of some of the role players in the prison drama. And they do so with the sensitive touch of social surgeons who carefully lift and examine one layer of human behavior and then another. But they do not stop there. They also examine some of the attitudes, beliefs, and values of incarcerated women and their keepers (prison staff). The total work is an insightful glimpse of a neglected subculture.”

Westport, CT. Praeger. 1993. 202p.

In the extreme: Women serving life without parole and death sentences in the United States

By Ashley Nellis

Extreme punishments, including the death penalty and life imprisonment, are a hallmark of the United States’ harsh criminal legal system. Nationwide one of every 15 women in prison — over 6,600 women — are serving a sentence of life with parole, life without parole, or a virtual life sentence of 50 years or more. The nearly 2,000 women serving life-without-parole (LWOP) sentences can expect to die in prison. Death sentences are permitted by 27 states and the federal government, and currently 52 women sit on death row. This report presents new data on the prevalence of both of these extreme sentences imposed on women. Across the U.S. there are nearly 2,000 women serving life-without-parole (LWOP) sentences and another 52 women who have been sentenced to death. The majority have been convicted of homicide. Regarding capital punishment, women are sitting on death row in 15 states. Women are serving LWOP sentences in all but six states. Three quarters of life sentences are concentrated in 12 states and the federal system. It is notable that in all states with a high count of women serving LWOP, there is at least one woman on death row as well. Two exceptions to the overlap are Colorado and Michigan which do not have anyone serving a death sentence because it is not statutorily allowed.

Brooklyn: National Black Women's Justice Initiative, 2021,

The Risk-Need-Responsivity Model: 1990 to the Present

By James Bonta

The search for ‘what works’ in the assessment and rehabilitation of justice-involved persons dates back at least to the 1960s and an argument can be made that it is even earlier than that. However, it was probably Lipton, Martinson, and Wilks’ (1975) review of the treatment literature that catapulted ‘what works’ to the forefront of correctional research and practice. The story of their review and Robert Martinson’s popularisation of the review is well known. The conclusion from the review was that ‘these data…give us little reason to hope that we have in fact found a sure way of reducing recidivism through rehabilitation’ (Martinson, 1974, p.49). This proclamation was quickly translated into ‘nothing works’ and opened the gates to the ‘get tough’ movement. After all, it was argued, if treatment does not work then our only alternative is to punish law-breakers justly and fairly in the hope that it will deter them from further crime. The view that ‘nothing works’ did not go unchallenged. Ted Palmer (1975) was almost alone in supporting rehabilitation efforts at the time. …

Manchester: HM Inspectorate of Probation, 2023. 13p.

Returning Citizens: Promising Practices and Recommendations for the District of Columbia

By The Trachtenberg School of Public Policy and Public Administration Columbian College of Arts & Sciences George Washington University

JPI partnered with graduate students from George Washington University’s Trachtenberg School of Public Policy & Public Administration to explore the landscape of transitional housing for individuals returning home after long prison terms. Returning Citizens: Promising practices and recommendations for the District of Columbia presents the research and findings of the team, who explored challenges with reentry, best practices in transitional housing, and recommendations for a holistic community approach to support the transition from prison to the community. Washington, DC leaders need to take action to improve reentry services, and this report provides several actionable recommendations to make the journey home more accessible and sustainable.

Washington DC: Justice Policy Institute, 2022. 89p.

Estimated Costs and Outcomes Associated With Use and Nonuse of Medications for Opioid Use Disorder During Incarceration and at Release in Massachusetts

By Avik Chatterjee; Michelle Weitz; Alexandra Savinkina, et al

Key Points - Question: Is provision of medications for opioid use disorder (MOUD) during incarceration associated with fewer overdose deaths? Findings: This economic evaluation of a model of the natural history of OUD in Massachusetts found that a strategy offering buprenorphine, methadone, and naltrexone during incarceration was associated with 192 fewer overdose deaths (a 1.8% reduction) and was less costly than a naltrexone-only strategy averting 95 overdose deaths (a 0.9% reduction). The 3-MOUD strategy was also cost-effective at $7252 per quality-adjusted life-year gained. Meaning These findings suggest that offering 3 MOUDs during incarceration is a life-saving, cost-effective intervention

JAMA Network Open. 2023;6(4):e237036. doi:10.1001/jamanetworkopen.2023.7036

Assessing the Impact of COVID-19 on Prison Education: Survey Results

By Lois M. DavisSusan TurnerMichelle C. TolbertAllison KirkegaardBeverly A. Weidmer

In this report, the authors examine trends in the overall coronavirus disease 2019 (COVID-19) infection rate for the U.S. state prison population and summarize the findings from the most recent and most comprehensive study undertaken to date of correctional systems' responses to COVID-19 published by the Bureau of Justice Statistics. The authors also present the results of their 2022 survey of state correctional education directors to understand what modifications were made to educational programs for incarcerated individuals, including leveraging of technology in response to COVID-19 and impacts on instructional delivery and quality, student access to programs, enrollment and certifications earned, and on budgets.

Santa Monica, CA: RAND, 2023. 20p.

The Impact of Jail-Based Methadone Initiation and Continuation on Reincarceration

By Brady P. Horn,  Aakrit Joshi and Paul Guerin

  Substance use disorders (SUD) are very prevalent and costly in the United States and New Mexico. Over 20 million individuals in the US meet diagnostic criteria for SUD and over 65 thousand US residents died from drug opioid overdose in 2020. It is well known that there is a strong correlation between SUD and incarceration. National studies have found that on average two thirds of prisoners have SUD and approximately 30% of inmates report having an opioid use disorder (OUD). There is growing momentum nationally to incorporate SUD, particularly OUD treatment, into incarceration systems and numerous studies have found that providing medication for opioids use disorder (MOUD) in incarceration systems is clinically effective. Since 2005, there has been a Methadone Maintenance Treatment (MMT) continuation program within the Metropolitan Detention Center (MDC) where individuals who were already receiving community-based treatment could continue their treatment within the jail. Prior work has found that this program was associated with reduced crime. In 2017 this program was expanded and started providing treatment to individuals who had not been receiving methadone in the community prior to incarceration. In this study we evaluate the impact of this treatment program. Data was collected from numerous different sources, linked, thoroughly cleaned, and a difference-in-difference empirical strategy is used. Robust evidence is found that MMT initiation reduced reincarceration. Our main results find that MMT initiation is associated with a perperson reduction in 19 incarceration days in the one-year period after jail-based MMT was received. We also find evidence confirming prior studies that found MMT continuation reduces recidivism. We find that jail-based MMT continuation is associated with a per-person reduction in 31 incarceration days in the one-year period post release. Also, a heterogenous Surve treatment effect is found where individuals that received jail-based MMT for longer periods of time had larger reductions in reincarceration. Individuals who received MMT initiation for 70 days or more were associated with 22 fewer reincarceration days and individuals that received MMT continuation were associated with 60 fewer reincarceration days.   

Albuquerque, NM: University of New Mexico, Center for Applied Research Analysis, 2022. 43p.

A thematic inspection of Offender Management in Custody – post-release

By Tony Kirk, The HM Inspectorate of Probation (UK)

  The vision of HM Prison and Probation Service (HMPPS)’s Offender Management in Custody model is that ‘everyone in prison should have the opportunity to transform their lives by using their time in custody constructively to reduce their risk of harm and reoffending; to plan their resettlement; and to improve their prospects of becoming a safe, law-abiding and valuable member of society’. Our joint thematic inspection of OMiC pre-release found that OMiC was not working as intended. Part two of this thematic inspection focused on outcomes for prisoners after they are released. Inspectors considered how practitioners assessed, planned and reviewed the work required to support successful resettlement. We also considered the extent to which key outcomes were achieved when an individual was released from prison, including whether they secured settled accommodation and education, training and employment.  

Manchester, HM Inspectorate of Probation2023. 39p.

Inmate Constitutional Rights and Exposure to Extreme Heat in Correctional Facilities

By Jazmin E. Palacios

For this thesis paper, the author analyzed cases from the U.S. Circuit Courts of Appeals and the U.S. District Courts in which inmates challenged the constitutionality of their conditions of confinement in extremely hot facilities. The author applies inductive methods and analytic procedures of grounded theory to identify legal doctrines, concepts, representations, and themes of court litigation and case law about excessive heat in correctional facilities. Through a review of constitutional law history and the analysis of federal court decisions, the author examines the constitutionality of incarcerating inmates in extremely hot facilities and offers policy guidance to prison officials on mitigation efforts in heat-related conditions of confinement. The author discusses legal precedents for questions addressing the conditions of confinement, and suggests some policy implications that consider the many prisoners who are on medications that risk severe illness and death when exposed to excessive heat, including that prison medical personnel should keep real-time records of inmates taking their medications, what their work assignments are, where they are housed, and what remedial efforts are being taken to ameliorate heat exposure. The author also suggests that inmates not taking high-risk medications but with a history of heat-related illnesses should be carefully monitored by officials to lessen sickness and reduce deaths, and notes that while things like air conditioning were previously considered a luxury, as global warming intensifies, it has increasingly become a medical necessity to avoid adverse outcomes of heat exposure.

Huntsville, TX: Sam Houston State University, 2021. 135p.

Washington State’s Drug Offender Sentencing Alternative: 2022 Outcome Evaluation By

By  Lauren Knoth-Peterson, Katelyn Kelley 

In Washington State, some individuals convicted of a criminal offense may be eligible to receive a Drug Offender Sentencing Alternative (DOSA) in lieu of the standard incarceration sentence. Using administrative data from the Department of Corrections and WSIPP’s Criminal History Database, this study examined whether individuals participating in prison or residential DOSA were less likely to recidivate compared to similar individuals who received a non-DOSA sentence. Our findings indicate the prison DOSA reduces the likelihood of recidivism by 6.9 percentage points. These reductions in recidivism were consistent across subgroups by sex, race, and ethnicity. Our findings for residential DOSA were less conclusive. In general, residential DOSA had no effect on the likelihood of recidivism compared to a standard sentence. While we provide several potential explanations for the differences in the effectiveness of prison and residential DOSA, future research is needed to fully understand the mechanisms by which the two DOSA programs impact individuals’ outcomes, including recidivism.

Olympia: Washington State Institute for Public Policy 2022. 32p.

How Prisoners' Rights Lawyers do Vital Work Despite the Courts

By Sharon Dolovich

In the prison law context, even when civil rights claims are strong on the merits, incarcerated litigants will lose most of the time. And even when lawyers win on behalf of their incarcerated clients, conditions don’t tend to change on the ground as much as they should. Regardless, prisoners’ rights lawyers do an enormous amount of good. In this essay, I argue for the indispensability of legal advocacy on behalf of people in custody despite how unfriendly courts are to claims brought from prison. Indeed, I suggest that, at this moment in the development of the carceral state, lawyering for the incarcerated is among the most impactful means we have to move our carceral system closer to consistency with the basic normative commitments of a constitutional democracy. In making this case, this essay describes (1) how lawyers help to lift the veil of secrecy that otherwise shrouds much of what happens in prison; (2) the work lawyers do as watchdogs, calling out and challenging the abuse and exploitation of the incarcerated; and (3) the way that, through their work, lawyers validate the humanity—and thus the dignity and self-respect—of their clients, who more typically exist in a systematically dehumanizing institutional environment

UCLA School of Law, Public Law Research Paper No. 23-07m 2023.

Trends in Women’s Incarceration Rates in US Prisons and Jails: A Tale of Inequalities

By Karen Heimer, Sarah E. Malone, and Stacy De Coster

Women’s rates of imprisonment and incarceration in jails grew faster than men’s rates during the prison boom in the United States. Even during the recent period of modest decline in incarceration, women’s rates have decreased less than men’s rates. The number of women in prisons and jails in the United States is now at a historic high. Yet research on mass incarceration most often ignores women’s imprisonment and confinement in jails. This review examines trends in women’s incarceration, highlighting important disparities for Black, Latina, and American Indian/Indigenous women. It contextualizes these trends in terms of the economic and social disadvantages of women prior to incarceration as well as inequalities that are created by women’s incarceration for families, communities, and women themselves. The review concludes by calling for improved data on women’s imprisonment and jail trends, particularly regarding race and ethnicity, as well as more research and theoretical development. 

  Annu. Rev. Criminol. 2023. 6:85–106

Research and Evaluation in Corrections: Restoring Promise

By Ryan Shanahan

This report presents the results of a rigorous evaluation of Restoring Promise, which is an initiative that creates prison housing units grounded in human dignity for young adults, ages 18 to 25, that operate with re-trained staff, trained mentors who are older adults serving long- or life-sentences, and developmentally appropriate activities, workshops, and opportunities for young adults. The evaluation reflects two studies: the first is a study of Restoring Promise in partnership with the South Carolina Department of Corrections (SCDC) and the second is a study of Restoring Promise across five housing units in partnership with three corrections agencies. The first study utilizes a randomized controlled trial (RTC) to understand whether and by how much Restoring Promise reduces young adults’ incidences of violence and misconduct, comparing outcomes for two groups of young adults who applied to live on a Restoring Promise housing unit. The second study of Restoring Promise across the five housing units uses latent class analysis (LCA) to compare responses to the Restoring Promise Prison Culture Survey (PCS) from young adults incarcerated in three different corrections agencies, living across five Restoring Process housing units in Connecticut, South Carolina, and Massachusetts. The process of conducting this research provided insights into running an effective and rigorous RCT in a correctional setting. The finding that changing the prison culture led to a reduction in violence fills a gap in the field and provides evidence to support a new, replicable model for improving safety in correctional settings. Findings showed that the results of the RCT are potentially applicable to all young adults; the approach that Restoring Promise uses has several fundamental components that are consistent across locations; and young adults and staff report similarly positive experiences, regardless of location, due to prison culture changes.

New York: Vera Institute of Justice, 2023. 66p.