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PUNISHMENT

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

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Beyond Suspensions: Examining School Discipline: Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities

By Katherine Culliton-González, et al.

For this report, the Commission investigated school discipline practices and policies impacting students of color with disabilities and the possible connections to the school-to-prison pipeline, examined rates of exclusionary discipline, researched whether and under what circumstances school discipline policies unfairly and/or unlawfully target students of color with disabilities, and analyzed the federal government’s responses and actions on the topic.

Washington, DC: U.S. Commission on Civil Rights, 2017. 224p.

Coronavirus: Healthcare and human rights of people in prison

By Penal Reform International

As the COVID-19 pandemic affects more people in an ever increasing list of countries, PRI has published a briefing note, Coronavirus: Healthcare and human rights of people in prison. With the fast-evolving situation, there is legitimate concern at a further spread of the virus to places of detention. The difficulties in containing a large outbreak in detention facilities are clear. People in prison and the personnel who work with them are in close proximity and in many cases in overcrowded, cramped conditions with little fresh air. People in detention also have common demographic characteristics with generally poorer health than the rest of the population, often with underlying health conditions. Hygiene standards are often below that found in the community and sometimes security or infrastructural factors reduce opportunities to wash hands or access to hand sanitizer – the key prevention measures recommended by the World Health Organization.

Our briefing outlines the key measures that criminal justice systems, including prisons and courts, have taken to prevent the spread of COVID-19 – and the impact of these in light of the UN Nelson Mandela Rules and other key standards. Action needs to be taken now and immediately, given the risk people in prison are exposed to, including prison staff. Such action should be guided by international standards and the values of: Do no harm, equality, transparency, humanity.

London: Penal Reform International, 2020. 13p

Keeping COVID Out of Prisons: Approaches in Ten Countries

By Helen Fair and Jessica Jacobson

When the World Health Organization (WHO) declared COVID-19 a global pandemic on 11 March 2020, there was immediate concern about the potential health impacts on prisoners and prison staff. Concern focused on the close proximity in which prisoners live, particularly in overcrowded systems; the prevalence of underlying health conditions which affect many of those in custody; and the porous nature of prison walls and boundaries, presenting a risk of infection spreading from prisons to local communities. In the wake of the declaration of the pandemic, penal reformers and human rights organizations around the world called for measures to be taken to reduce the numbers of people in prison, particularly in overcrowded systems, and to contain the risks of infection spreading. This report examines the population management and infection control measures (excluding direct health interventions) taken by prison systems in a diverse group of ten countries spanning all five continents: Kenya, South Africa, Brazil, the USA (and more specifically, New York State), India, Thailand, England and Wales, Hungary, the Netherlands, and Australia (more specifically, New South Wales). The report is produced under the banner of ICPR’s international, comparative project, ‘Understanding and reducing the use of imprisonment in ten countries’, launched in 2017.

London: Institute for Crime & Justice Policy Research, 33p.

Prisons and COVID-19: Lessons from an ongoing crisis

By Alexander Söderholm

The disruption caused by COVID-19 has exposed the health inequities faced by marginalised communities globally, particularly those deprived of their liberty in prison settings. As a result of the extreme risks posed by COVID-19 to these individuals, international organisations, civil society organisations (CSOs), and community advocates have called for urgent criminal justice system and prison reforms. Calls have been made to address chronic overcrowding in prisons, the suspension of arrests and incarceration of people for minor or non-violent offences, and the urgent roll-out of life-saving health and harm reduction measures for people who use drugs in custodial facilities and the community. While it is the state’s legal obligation to provide adequate care to people deprived of their liberty, COVID-19 has shed light on how many states have reneged on this responsibility. As aptly expressed by a group of researchers, ‘we cannot forget that prison health is public health by definition’. While many states heeded the call to release people in prison, few have taken substantial steps toward addressing the structural issues exposed by COVID-19 within their criminal justice systems. Meanwhile, others have not fulfilled their promises to carry out measures such as early release programmes to reduce overcrowding in prisons. As such, the briefing paper seeks to shed light on the experiences of people involved with the criminal justice system prior to, during and after incarceration, with a focus on four case study countries: Colombia, Ireland, Indonesia and Kenya.

London: International Drug Policy Consortium, 2021. 25p.

A Successful Prisoner Reentry Program Expands: Lessons from the Replication of the Center for Employment Opportunities

By Joseph Broadus, Sara Muller-Ravett, Arielle Sherman and Cindy Redcross

This report presents results from a fidelity assessment and implementation analysis of five Center for Employment Opportunities (CEO) replication programs in New York, California, and Oklahoma. Between 2004 and 2010, MDRC conducted a rigorous random assignment evaluation of the original CEO program as part of the Enhanced Services for the Hard-to-Employ Demonstration and Evaluation funded by the U.S. Department of Health and Human Services. The evaluation found that CEO was effective at reducing recidivism rates — the rates at which participants committed new crimes or were reincarcerated — among important subgroups of its participant population. Based in part on these findings, the CEO program was selected by the Edna McConnell Clark Foundation in 2011 to be part of its Social Innovation Fund and receive funding and technical assistance to expand and replicate the model in various locations across the United States. The findings presented in this report focus on the implementation of CEO’s core elements at the replication sites and provide a description of participants’ experience with the program. One additional goal of this study is to gain a deeper understanding of which aspects of the CEO model may have contributed to the reductions in recidivism found in the initial evaluation of the New York City program.

New York: MDRC, 2016. 114p.

Implementing the Next Generation of Parole Supervision: Findings from the Changing Attitudes and Motivation in Parolees Pilot Study

By Erin Jacobs Valentine, Louisa Treskon and Cindy Redcross

Despite an increasing emphasis on reentry services for individuals leaving prison, recidivism rates remain high, and policymakers are searching for ways to help parolees make more successful transitions from prison. One strategy is to incorporate interventions into the parole supervision process. This paper presents findings from the Changing Attitudes and Motivation in Parolees (CHAMPS) study, which examined the implementation of a pilot of one parole-based intervention, known as the Next Generation of Parole Supervision (NG).

NG is intended to improve parolee outcomes by enhancing parole officers’ knowledge and the strategies they use during their regular supervision meetings with parolees. Building on existing literature about best practices in parole supervision, the NG curriculum focuses on desistance — a process through which individuals who have been involved in crime change their self-perceived identity and cease participating in crime — and helps parole officers to use parolee-centered conversations to identify and reinforce a parolee’s strengths and to identify potential stabilizing and destabilizing influences in the individual’s life..

New York: MDRC, 2018. 45p.

Protection against Racism, Xenophobia and Racial Discrimination, and the EU Anti-racism Action Plan

By Quentin Liger and Mirja Guhteil

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides an analysis of the distinctive features of racism, xenophobia and racial discrimination in the EU and selected EU Member States. It further examines various forms of racism, xenophobia and racial discrimination,their target groups and the impact of the COVID-19 pandemic. The study assesses anti-racism policies and legislation to determine effectiveness of the national and EU legislation and measures envisaged in the EU Anti-racism Action Plan on eradicatation of racism, xenophobia and racial discrimination. The study identifies gaps that need to be filled and provides recommendations on how to create engagement at all levels to achieve meaningful change and equality.

Brussels: European Parliament, 2022. 248p.

Suicide and Self-harm in Prisons and Jails

By Christine Tartaro and David Lester

Police and corrections personnel must always be mindful of the possibility that those in their custody may attempt suicide or commit an act of self-mutilation. Persons housed in prisons, jails, and police lockups tend to be at a higher risk for such destructive behavior than members of the general population. Reasons for this can be found by examining the mental health, substance abuse, and physical/sexual abuse histories of inmates in addition to deficits in their coping skills and the stress and uncertainty generated by incarceration.

This book explores several topics pertaining to suicide and deliberate self-harm in the corrections setting, including who tends to commit these acts; where, when, and how these incidents occur; screening mechanisms; the role of environmental stimuli in facilitating or preventing acts of self harm; interpersonal relations among inmates and between inmates and staff; and the role of the courts in setting and ruling on suicide prevention policies. The authors discuss the role of prevention techniques that offer a balance between strict opportunity-reduction and softer motivation-reduction strategies. The book also includes suggestions for diversion programs that can keep mentally ill inmates out of prisons and jails and transition planning programs to better prepare outgoing inmates for their re-entry into the community.

Lanham, MD: Lexington Books, 2009. 238p.

Suicide in Prisons: Prisoners’ Lives Matter

By Graham J Towl , David A Crighton , Toby Harris

The definitive guide from two leading authors central to developments in the field. An invaluable book which covers everything from theoretical and community research to precisely what is known about prisoners and the risk of their committing suicide. Covers the Harris Review and Government Response to it as well as the stance of politicians, reform groups and other leading experts on what in 2017 is an escalating problem for UK prisons. Contains analysis and data from over 30 years, bringing together key knowledge and information at a critical time of concern and attention.

Sherfield on Loddon,: Waterside Press , 2017. 208p.

Suicides In Prison

By Alison Liebling

The suicide rate in prisons in England and Wales is 40 per 100,000—four times that of the general population. How can this rate be explained? Recent prison suicides have aroused much public concern and media attention, yet there has been very little research examining their true cause or nature. Previous studies have tended to rely exclusively on official statistics and prison records, and have had little effect on formulating policy and practice. Suicides in Prison is the first major study in this area to draw directly on the experiences of both prisoners and staff. The interviews conducted by the author help to cast new light on the circumstances which can lead to suicide or attempted suicide. The book provides further evidence to support the growing recognition that suicide is not an exclusively psychiatric problem. The coping mechanisms and social support given to the people involved can play a crucial role. Alison Liebling also shows how serious difficulties in the management of prisoners at risk of suicide may be exacerbated by problems of communication between departments, and that prison officers may lack the necessary training to play a potentially major role in suicide prevention. Most importantly, if staff perceptions and attitudes are not addressed, any attempt to improve procedures may well be ineffective. Suicides in Prison will be of interest to probation officers, social workers and prison staff and governors as well as those studying penology. It traces the recent history of the problem and provides the first major theoretical discussion of the nature and causes of suicide in prison.

London: Routledge, 1992. 288p.

Prison Suicide: An Overview and Guide to Prevention

By Lindsay M. Hayes

While suicide is recognized as a critical problem within the jail environment, the issue of prison suicide has not received comparable attention. Until recently, it has been assumed that suicide, although a problem for jail inmates as they face the initial crisis of incarceration, is not a significant problem for inmates who advance to prison to serve out their sentences. This assumption, however, has not been supported in the literature. Although the rate of suicide in prisons is far lower than in jails, it remains disproportionately higher than in the general population.

Windsor Mill, MD: National Center on Institutions and Alternatives, Washington, DC: U.S. National Institute of Corrections, 1995. 116p.

Older Offenders in the Federal System

By Kristin M. Tennyson, Lindsey Jeralds and Julie Zibulsky

Congress requires courts to consider several factors when determining the appropriate sentence to be imposed in federal cases, among them the “history and characteristics of the defendant.” The sentencing guidelines also specifically authorize judges to consider an offender’s age when determining whether to depart from the federal sentencing guidelines. In this report, the Commission presents information on relatively small number of offenders who were aged 50 or older at the time they were sentenced in the federal system. In particular, the report examines older federal offenders who were sentenced in fiscal year 2021 and the crimes they committed, then assesses whether age was given a special consideration at sentencing. This report specifically focuses on three issues that could impact the sentencing of older offenders: age and infirmity, life expectancy, and the risk of recidivism. Congress requires courts to consider several factors when determining the appropriate sentence to be imposed in federal cases, among them the “history and characteristics of the defendant.” The sentencing guidelines also specifically authorize judges to consider an offender’s age when determining whether to depart from the federal sentencing guidelines. In this report, the Commission presents information on relatively small number of offenders who were aged 50 or older at the time they were sentenced in the federal system. In particular, the report examines older federal offenders who were sentenced in fiscal year 2021 and the crimes they committed, then assesses whether age was given a special consideration at sentencing. This report specifically focuses on three issues that could impact the sentencing of older offenders: age and infirmity, life expectancy, and the risk of recidivism.

Washington, DC: The United States Sentencing Commission 2022. 68p.

Factors Affecting Colorado Parole Release Decisions

By Gerald G. Gaes and Julia Laskorunsky

For most individuals who receive a prison sentence, the amount of time they will serve in prison is somewhat unpredictable because of officials’ discretionary capacity to exercise “back-end” release powers, including parole and good time and earned time credit. These back-end decisions influence how long someone ultimately spends in prison and, over time, can have a substantial impact on prison population size (Gaes and Laskorunsky, 2022). This project examines how back-end powers of prison release discretion operate within the Colorado prison system. Reitz, Griffith, and Rhine (2022) categorize the Colorado prison release system as one of high indeterminacy; meaning that for almost all incarcerated individuals, back-end authorities such as the Colorado State Board of Parole and the Department of Corrections (DOC) are given substantially more discretion over total time served than the front-end judicial authorities who issue prison sentences. To determine how these powers of discretion interact to govern prison stay length, we assessed temporal patterns in the release decisions of the Colorado State Board of Parole and the decisions of the DOC in awarding and withholding good-time and earned-time credits.

Tallahassee, FL: Florida State University; Minneapolis, MN: and Robina Institute of Criminal Law and Criminal Justice, University of Minnesota, 2022. 50p.

Examining Prison Releases in Response to COVID: Lessons Learned for Reducing the Effects of Mass Incarceration

By Kelly Lyn Mitchell, Julia Laskorunsky, Natalie Bielenberg ,Lucy Chin and Madison Wadsworth

In response to the global pandemic in 2020, states and the federal government began to make non-routine releases from prison in order to reduce prison populations to allow for social distancing in prison facilities. This report is aimed at describing where such prison releases occurred, the legal mechanisms used to achieve these releases, and the factors within jurisdictions that made non-routine prison releases more or less likely to occur. We write this report, not to examine the national response to the pandemic, but to better understand when and how extraordinary measures may be used to effect prison release, and to determine whether there are lessons from this experience that can be applied to reducing the effects of mass incarceration.

Minneapolis, MN: Robina Institute of Criminal Law and Criminal Justice, University of Minnesota, 2022 , 86p.

Psychology in Prisons

By David J.Cooke, Pamela J.Baldwin and Jacqueline Howison

Prisons have a very distinctive environment; one in which particular psychological problems occur with exaggerated frequency and intensity. If prison staff are to work effectively they must be aware of the influence of this unique environment upon the behaviour of those who inhabit it. Psychology in Prisons argues that, by applying psychological principles, behaviour within prisons can be better understood, and violence, distress and stress can be limited. The authors show how psychology can be used to increase our understanding of prisoners, how they became involved in crime, and how they adapt to prison life. They explain how psychology can be used and applied to make for more effective day-to-day dealing with prisoners. The authors focus on key areas of tension and particular problem groups, including sex offenders, violent offenders and the issue of AIDS. But the book also considers how working in prison affects its staff and explores how they can use psychological principles both to reduce the level of stress they undergo in their work and to secure the prisoners’ mental well-being. Psychology in Prisons will be of interest to those with a broad interest in applied psychology or to anyone who is involved with work in prisons.

London; New York: Routledge, 1990. 160p.

The Multicultural Prison: Ethnicity, Masculinity, And Social Relations Among Prisoners

By Coretta Phillips

The Multicultural Prison: Ethnicity, Masculinity, and Social Relations among Prisoners presents a unique sociological analysis of the daily negotiation of ethnic difference within the closed world of the male prison. At a time when issues of race, multiculture, and racialization inside the prison have been somewhat neglected, this book considers how multiple identities configure social interactions among prisoners in late modern prisoner society, whilst also recognising the significance of religion, age, masculinity, national, and local identifications. Contemporary political policies, which sees racialised incarceration together with penal expansion, has fostered the disproportionate incarceration of diverse British national, foreign, and migrant populations - all of whom are brought into close proximity within the confines of the prison.

Using rich empirical material drawn from extensive qualitative research in Rochester Young Offenders' Institution and Maidstone prison, the author presents vivid prisoner accounts from both white and minority ethnic participants, describing economically and socially marginalised lives outside. In turn, these stories provide a backdrop to the inside - the interior world of the prison where ethnicity still shapes social relations but in a contingent fashion. Addressing both the negotiation and tensions inherent in conducting such research, the central discussion evolves from a frank dialogue about ethnic, faith, and masculine identities, constituted through loose solidarities based on 'postcode identities', to a more startling comprehension of such divisions as, in some cases, a means for cultural hybridity in prison cultures. More commonly, though, these divisions act as a familiar fault line, creating wary, unstable, and antagonistic relations among prisoners. Providing an arresting insight into how race is written into prison social relations, <em>The Multicultural Prison adds a unique and outstanding voice to the challenging issues of discrimination, inequality, entitlement, and preferential treatment from the perspective of diverse groups of prisoners.

London; New York: Oxford University Press, 2012. 267p.

Jeremy Bentham and Australia: Convicts, utility and empire

Edited by Tim Causer, Margot Finn, and Philip Schofield

Jeremy Bentham and Australia is a collection of scholarship inspired by Bentham’s writings on Australia. These writings are available for the first time in authoritative form in Panopticon versus New South Wales and other writings on Australia, a volume in The Collected Works of Jeremy Bentham published by UCL Press.

In the present collection, a distinguished group of authors reflect on Bentham’s Australian writings, making original contributions to existing debates and setting agendas for future ones. In the first part of the collection, the works are placed in their historical contexts, while the second part provides a critical assessment of the historical accuracy and plausibility of Bentham’s arguments against transportation from the British Isles. In the third part, attention turns to Bentham’s claim that New South Wales had been illegally founded and to the imperial and colonial constitutional ramifications of that claim. Here, authors also discuss Bentham’s work of 1831 in which he supports the establishment of a free colony on the southern coast of Australia. In the final part, authors shed light on the history of Bentham’s panopticon penitentiary scheme, his views on the punishment and reform of criminals and what role, if any, religion had to play in that regard, and discuss apparently panopticon-inspired institutions built in the Australian colonies.

This collection will appeal to readers interested in Bentham’s life and thought, the history of transportation from the British Isles, and of British penal policy more generally, colonial and imperial history, Indigenous history, legal and constitutional history, and religious history.

London: UCL Press, 2022. 425p.

Receiving Visits in Dutch Prisons: A study on the determinants and consequences of prison visitation

By M.L. Berghuis

Practically all prisoners eventually return to free society. Considering their high rates of subsequent recidivism, more insight into post-prison circumstances is vital. Such knowledge is scarce, and it also remained unclear thus far to what extent imprisonment caused these individuals to lose their integration with the community. Scholars, professionals and prisoners themselves note that the path to a successful reentry critically depends on the transition to employment. Yet, imprisonment bars offenders from employment during imprisonment and might also limit their post-prison employment prospects. Using data of the Prison Project – a longitudinal study of almost 2,000 prisoners – this thesis examines men’s labor market experiences before and after imprisonment and studies whether recidivism risks are lower among employed versus unemployed ex-prisoners. The results show that most prisoners face a severe human capital deficit even long before they enter prison. After release many remain unable to (re)integrate into the labor market. Only longer spells (exceeding six months) seem to further deteriorate the already poor employment prospects. Among working ex-prisoners, those who are able to return to a previous employer or hold down their job during the first half year following release recidivate significantly less.

One of the few ways individuals can have meaningful contact with the outside world while incarcerated is through prison visits. Prison visitation has steadily gained academic attention in the past decade as theoretical accounts highlight that receiving visits in prison is beneficial and empirical studies largely reinforce this, leading to increased calls for stimulating prison visits. Yet not all results lead to unequivocal conclusions, and little is known about whether, how often, and from whom individuals receive visits and under which circumstances visits affect behavior, especially across different contexts and populations. Work on this topic is complicated as visitation is a heterogeneous experience and the social and incarceration contexts in which visits take place are complex. By taking a comprehensive approach and using multifaceted measures of visitation from several sources, the current dissertation furthers our understanding of prison visitation, its impacts, and its likelihood across people. This dissertation demonstrates that a substantial number of individuals do not receive visits in Dutch prison. While some individuals are less likely to receive visits, this dissertation finds that prison policies can also enable or hinder the receipt of visits. Receiving visits is not always positive for life in prison, but receiving frequent visits, especially before release, seems important for reentry success.

Leiden, Netherlands: Leiden University, 2022. 263p.

Barred from Employment? A study of labor market prospects before and after imprisonment

By A.A.T. Ramakers

Practically all prisoners eventually return to free society. Considering their high rates of subsequent recidivism, more insight into post-prison circumstances is vital. Such knowledge is scarce, and it also remained unclear thus far to what extent imprisonment caused these individuals to lose their integration with the community. Scholars, professionals and prisoners themselves note that the path to a successful reentry critically depends on the transition to employment. Yet, imprisonment bars offenders from employment during imprisonment and might also limit their post-prison employment prospects. Using data of the Prison Project – a longitudinal study of almost 2,000 prisoners – this thesis examines men’s labor market experiences before and after imprisonment and studies whether recidivism risks are lower among employed versus unemployed ex-prisoners. The results show that most prisoners face a severe human capital deficit even long before they enter prison. After release many remain unable to (re)integrate into the labor market. Only longer spells (exceeding six months) seem to further deteriorate the already poor employment prospects. Among working ex-prisoners, those who are able to return to a previous employer or hold down their job during the first half year following release recidivate significantly less.

Leiden, Netherlands: Leiden University, 2014. 217p.

A Prison Chaplain On Dartmoor

By the Rev. Clifford Rickards.

“In writing the following reminiscences of my twenty-five years' experiences in the Prison on Dartmoor I have had two objects in view first, to interest my readers and excite their sympathy for a class of men who, although they are criminals, are not without their good points, as some of them have recently shown by their conduct in the late war.”

London: Edward Arnold. (1920) 246 pages.