The Open Access Publisher and Free Library
13-punishment.jpg

PUNISHMENT

Posts in justice
Incarcerated Women and Girls

By The Sentencing Project

Over the past quarter century, there has been a profound change in the involvement of women within the criminal justice system. This is the result of more expansive law enforcement efforts, stiffer drug sentencing laws, and post-conviction barriers to reentry that uniquely affect women. The female incarcerated population stands nearly five times higher than in 1980. Over half (58%) of imprisoned women in state prisons have a child under the age of 18.1 Between 1980 and 2020, the number of incarcerated women increased by more than 475%, rising from a total of 26,326 in 1980 to 152,854 in 2020. The total count in 2020 represents a 30% reduction from the prior year—a substantial but insufficient downsizing in response to the COVID-19 pandemic, which some states began to reverse in 2021.

Washington, DC: The Sentencing Project, 2022. 6p.

Understanding Incarceration and Re-Entry Experiences of Female Inmates and their Children: The Women's Prison Inmate Networks Study (WO-PINS)

By Theodore Greenfelder; Dana L. Haynie ; Derek A. Kreager; Sara Wakefield; Sam Nur; Julia Dillavou

This study extends a previous study, the Prison Inmate Networks Study (PINS), which focused on the social organization within a men’s prison unit. These two studies enable gender comparisons that reveal potential differences and similarities in prison social structure and health in men’s and women’s prisons. The current project involving women’s prisons was conducted in three phases. Phase 1 involved the design and implementation of a network and health survey administered to residents in three women’s units in a minimum-security prison and a maximum-security prison. This was done to determine the informal social structures within the prison units and prisoners’ positions within those structures. Phase 2 identified and recruited Phase 1 participants who were release-eligible within 1 year of the baseline survey. These women were administered semi-structured interviews prior to release to determine their future concerns and expectations regarding reentry, with a focus on mothers’ plans and expectations for child reunification. Phase 3 interviewed paroled prisoners and their children 1 year after release to determine the status of their family reunification and well-being. Thus far, this study’s findings reveal the complexity of women’s prison social systems, with implications for correctional policy. There was a more fluid social system in the women’s prisons than in the men’s prisons, which requires daily attention from correctional staff and prisoners. Prison pseudo-families were present to provide support and caring behaviors. Although analyses of pre-release and post-release interviews are ongoing, important lessons are reported on the data-collection process.

Washington, DC: U.S. National Institute of Justice, 2021. 55p.

Double Jeopardy: The economic and social costs of keeping women behind bars

By The Committee for Economic Development of Australia

This collaborative paper has been produced with contributions from experts, stakeholders and CEDA members. CEDA’s objective in publishing this paper is to encourage constructive debate and discussion on a matter of national economic importance. Justice is a critical institution underpinning economic and social development. Providing access to world-class justice and rehabilitation can help both the victims and perpetrators of crime, while minimising its associated economic and fiscal costs. This paper provides a foundational framework outlining the clear need to reform the imprisonment of women in Australia. It seeks to highlight the key issues and emphasise the urgent need to reduce rates of female imprisonment through a nationally consistent approach. This will help to improve workforce participation and life outcomes, while also reducing wasteful government spending at a time of urgent budget repair. This report does not seek to detail all the complexities of the issue of the incarceration of women.

Melbourne VIC ; Committee for Economic Development of Australia, 2022. 52p.

Incarcerated Parents and Their Children: Trends 1991-2007

By Sarah Schirmer, Ashley Nellis and Marc Mauer

Mass incarceration has had significant and long-lasting impacts on American society, and particularly on communities of color. There is now a growing awareness that parents who go to prison do not suffer the consequences alone; the children of incarcerated parents often lose contact with their parent and visits are sometimes rare. Children of incarcerated parents are more likely to drop out of school, engage in delinquency, and subsequently be incarcerated themselves.1 In 2007 there were 1.7 million children in America with a parent in prison, more than 70% of whom were children of color. Children of incarcerated parents live in a variety of circumstances. Some were previously in homes of two-parent families, where the non-incarcerated parent can assume primary responsibility for the children. Many children, especially in cases of women’s incarceration, were in single-parent homes and are then cared for by a grandparent or other relative, if not in foster care. And in some cases, due to substance abuse and other factors, incarcerated parents had either not lived with their children or not provided a secure environment for them. Following release from prison both parents and children face challenges in reuniting their families. Parents have to cope with the difficulty of finding employment and stable housing while also reestablishing a relationship with their children.

Washington, DC: The Sentencing Project, 2009. 14p.

Focus on Children of Incarcerated Parents: An Overview of the Research Literature

By Creasie Finney Hairston

What is it like to grow up with a parent in prison? What are the immediate and long-term effects of parental incarceration on children? How can we best serve the needs of these children and ensure that they receive the support they need to thrive under challenging circumstances? These are questions that still need to be answered. Research that focuses on children whose parents are incarcerated has been quite limited, despite the growing numbers of children who are affected by the imprisonment of their mother or father. Over 1.5 million children in the United States have a parent who is in prison. Several million more have grown up with a parent in prison during some part of their formative years. The children of incarcerated parents have long been an almost invisible population, but in recent years, they have begun to receive attention from public policymakers, traditional social service providers and academic researchers. Some, concerned about the rapidly growing correctional population of more than two million people, fear that these children are at a higher risk to become incarcerated themselves as adults. Others are motivated by a desire to better understand and promote the well-being of children living in challenging life circumstances. This overview is based primarily on research published during the last 20 years, though some earlier works are included. It also draws on several years of consultation on programs and research involving prisoners and their families.

Baltimore: Annie E. Casey Foundation, 2007. 44p.

Sick Justice: Inside the American Gulag

By Ivan G. Goldman

In America, 2.3 million people—a population about the size of Houston’s, the country’s fourth-largest city—live behind bars. Sick Justice explores the economic, social, and political forces that hijacked the criminal justice system to create this bizarre situation. Presenting frightening true stories of (sometimes wrongfully) incarcerated individuals, Ivan G. Goldman exposes the inept bureaucracies of America’s prisons and shows the real reasons that disproportionate numbers of minorities, the poor, and the mentally ill end up there. Goldman dissects the widespread phenomenon of jailing for profit, the outsized power of prison guards’ unions, California’s exceptionally rigid three-strikes law, the ineffective and never-ending war on drugs, the closing of mental health institutions across the country, and other blunders and avaricious practices that have brought us to this point. Sick Justice tells a big, gripping story that’s long overdue. By illuminating the system’s brutality and greed and the prisoners’ gratuitous suffering, the book aims to be a catalyst for reform, complementing the work of the Innocence Project and mirroring the effects of Michael Harrington’s The Other America: Poverty in the United States (1962), which became the driving force behind the war on poverty.

Washington, DC: Potomac Books, 2013. 256p.

American Gulag: Inside U.S. Immigration Prisons

By Mark Dow

American Gulag takes us inside prisons such as the Krome North Service Processing Center in Miami, the Corrections Corporation of Americas Houston Processing Center, and county jails around the country that profit from contracts to hold INS prisoners. It contains disturbing in-depth profiles of detainees, including Emmy Kutesa, a defector from the Ugandan army who was tortured and then escaped to the United States, where he was imprisoned in Queens, and then undertook a hunger strike in protest. To provide a framework for understanding stories like these, Dow gives a brief history of immigration laws and practices in the United States—including the repercussions of September 11 and present-day policies. His book reveals that current immigration detentions are best understood not as a well-intentioned response to terrorism but rather as part of the larger context of INS secrecy and excessive authority.

Berkeley and Los Angeles: University of California Press, 2004. 429p.

Race, Gender and the School-to-Prison Pipeline: Expanding Our Discussion to Include Black Girls

By Monique W. Morris

The school-to-prison pipeline refers to the policies, practices, and conditions that facilitate both the criminalization of educational environments and the processes by which this criminalization results in the incarceration of youth and young adults. This Report discusses the literature on the “schoolto- prison pipeline” and explores why the “pipeline” analogy may not accurately capture the education system pathways to confinement for Black girls.

New York: African American Policy Forum, 2012. 23p.

Fatherhood Arrested: Parenting from Within the Juvenile Justice System

By Ann M. Nurse

Crime and young fatherhood have generally been viewed as separate social problems. Increasingly, researchers are finding that these problems are closely related and highly concentrated in low-income communities. Fatherhood Arrested is an in-depth study of these issues and the difficulties of parenting while in prison and on parole. By taking us inside the prison system, Nurse shows how its structure actively shapes an inmate's relationship with his children. For example, visitation is sometimes restricted to blood relatives and wives. Because relationships between unmarried men and the mothers of their children are often strained, some mothers are unwilling to allow their children to go to the prison with the inmate's family. Or the father may be allowed to receive visits from only one "girlfriend," which forces a man with multiple relationships, or with children by different women, to make impossible choices. Special attention is paid to the gendered nature of prison, its patriarchal and punitive structure, and its high-stress environment. The book then follows newly paroled men as they are released and return to their children. The author spent four years doing research at the California Youth Authority, during which time she surveyed 258 paroled fathers. The group included young white, black, and Latino men, ages sixteen to twenty-five. She conducted in-depth interviews with men selected from this group, participated in forty parenting class sessions, and observed visiting hours at three different institutions. The data provide fascinating information about the characteristics of the men, their attitudes toward fatherhood, and the ways they are involved with their children. The diversity of the fathers allows for an analysis of racial and ethnic variation in their attitudes and involvement. The study concludes with a series of policy suggestions, especially important in light of the large number of fathers now living under the care and control of the juvenile justice system.

Nashville, TN: Vanderbilt University Press, 2002. 176p.

Lockdown America: Police and Prisons in the Age of Crisis

By Christian Parenti

The first section of the book deals with the recent history of American poUt- ical economy and the origins of the current criminal justice buildup. The second explores some important forms of policing, like New York—style zero tolerance, SWAT teams, and the Immigration and Naturalization Service (INS) war on immigrants. The third deals with prison: the politics of life inside (gangs, rape, and brutality) and incarceration's role in reproducing the US economic and social order. This book is written with a linear, broadly historical narrative, but readers should feel free to digest the chapters in any order they wish

VERSO. London. New York. 1999. 312p.

International Handbook of Penology and Criminal Justice

Edited by Shlomo Giora Shoham, Ori Beck and Martin Kett

The first comparative study of this increasingly integral social subject, International Handbook of Penology and Criminal Justice provides a comprehensive and balanced review of the philosophy and practicality of punishment. Drawn from the expertise of scholars and researchers from around the world, this book covers the theory, practice, history, and empirical evidence surrounding crime prevention, identification, retribution, and incarceration. It analyzes the efficacy of both traditional methods and thinking as well as novel concepts and approaches. The book evaluates arguments regarding the world-wide abolition of capitol punishment from moral, utilitarian, and practical positions. It examines non-incarcerative and alternative punishments such as financial restoration and restrictions of liberty, as well as the positive effects of Victim Offender Mediation. It also considers several methods aimed at achieving measurable crime prevention including identifying at-risk juveniles and minimizing crimes of opportunity, as well as the pros and cons of employing the coercive power of police. Further essays consider subjects such as international policing, the roles of prosecution and defense attorneys, current discretionary sentencing practices, and the role and treatment of victims. The volume concludes with two chapters of case studies that provide a "hands-on" feel for the interplay of the concepts discussed.

Boca Raton, FL: CRC Press, 2008. 802p.

Islam in American Prisons: Black Muslims' Challenge to American Penology

By Hamid Reza Kusha

The growth of Islam both worldwide and particularly in the United States is especially notable among African-American inmates incarcerated in American state and federal penitentiaries. This growth poses a powerful challenge to American penal philosophy, structured on the ideal of rehabilitating offenders through penance and appropriate penal measures. "Islam in American Prisons" argues that prisoners converting to Islam seek an alternative form of redemption, one that poses a powerful epistemological as well as ideological challenge to American penology. Meanwhile, following the events of 9/11, some prison inmates have converted to radical anti-Western Islam and have become sympathetic to the goals and tactics of the Al-Qa'ida organization. This new study examines this multifaceted phenomenon and makes a powerful argument for the objective examination of the rehabilitative potentials of faith-based organizations in prisons, including the faith of those who convert to Islam.

Farnham, Surrey, UK: Ashgate: 2009. 231p.

American Penology: A History of Control

By Karol Lucken and Thomas G. Blomberg

The purpose of American Penology is to provide a story of punishment's past, present, and likely future. The story begins in the 1600s, in the setting of colonial America, and ends in the present As the story evolves through various historical and contemporary settings, America's efforts to understand and control crime unfold. The context, ideas, practices, and consequences of various punishment reforms are described and examined. Though the book's broader scope and purpose can be distinguished from prior efforts, it necessarily incorporates many contributions from this rich literature. These many contributions are explicitly discussed in the book, and their relationship to the story of American penology is self-evident (e.g., the rise of prisons, reformatories, probation, parole, and juvenile courts, the origins and functions of prison subcultures, the needs of special inmate populations, the effectiveness of community-based alternatives to incarceration). It is important to acknowledge that while this book incorporates selected descriptions of historical contingencies in relation to particular eras and punishment ideas and practices, it does not provide individual "histories" of these eras. Rather than doing history, this book uses history to frame and help explain particular punishment ideas and practices in relation to the period and context from which they evolved. The authors focus upon selected demographic, economic, political, religious, and intellectual con-tingencies that are associated with particular historical and contemporary eras to suggest how these contingencies shaped America's punishment ideas and practices. The purpose is to inform the reader about American penology's story as it evolved over several centuries. The focus is purposely narrowed to major punishment reform eras and selected historical influences. In offering a new understanding of received notions of crime control, Blomberg and Lucken not only provide insights into its future, but also show how the larger culture of control extends beyond the field of criminology to have an impact on declining levels of democracy, freedom, and privacy.

New York: Aldine de Gruyter, 2000. 400p.

Revolution in Penology: Rethinking the Society of Captives

By Bruce A. Arrigo and Dragan Milovanovic

Revolution in Penology is a thoroughly original and thought-provoking critique of penal harm, the recursive pains of imprisonment cycle, and the normalization of violence. Relying on selected insights derived from continental philosophy, cultural studies, and chaos theory, internationally renowned social theorists, Bruce A. Arrigo and Dragan Milovanovic, deconstruct the human agency/social structure duality that sustains the prison form, its parts and segments understood as correctional principles/practices, and the prison industrial complex that is informed by and stands above them all.

Lanham, MD: Rowman & Littlefield Publishers, 2008. 237p.

The Society of Captives: A Study of a Maximum Security Prison

By Gresham M. Sykes

The Society of Captives, first published in 1958, is a classic of modern criminology and one of the most important books ever written about prison.

Gresham Sykes wrote the book at the height of the Cold War, motivated by the world’s experience of fascism and communism to study the closest thing to a totalitarian system in American life: a maximum security prison. His analysis calls into question the extent to which prisons can succeed in their attempts to control every facet of life — or whether the strong bonds between prisoners make it impossible to run a prison without finding ways of “accommodating” the prisoners.

Princeton, NJ: Princeton University Press, 1958. 168p.

A Global Study on the Impact of Covid-19 on Prison Health

By Thailand Institute of Justice

Prison health is extremely important to public health, not only because of the high prevalence of serious and often life threatening conditions among prisoners, but also because of the continuous exchange between those in prison and the communities outside. Since December 2019, the world has been grappling with a new global health threat: the outbreak of COVID-19 caused by the novel coronavirus. Prisons have turned into potential hot spots of the disease. Despite chronic overpopulation, resource constraints and other challenges, prisons around the world have tried to contain the spread of the virus through various measures. This report aims to highlight challenges, promising practices, lessons learned and recommendations on how prisons have dealt with COVID-19, using examples from around the world.

Bangkok:Thailand Institute of Justice, 2022. 72p.

Prisons and Homophobia

By Maxim Ananyev and Michael Poyker

We investigate whether prisons contribute to homophobia in the general population given that inmates’ informal code often ascribes low status to persons perceived as ``passive’’ homosexuals. First, using Australian longitudinal survey data, we establish that prison experience prompts a higher level of anti-gay sentiments among males and their families, even though no discernible difference exists before incarceration. Second, to explore the transmission of anti-gay sentiments to the population, we use the Soviet amnesty of 1953, which released 1.2 million prisoners. We find that the municipalities in Russia more exposed to the influx of released individuals have more anti-LGBTQ+ hate crimes, homophobic slurs on social media, and discriminatory attitudes in representative surveys. We offer suggestive evidence for the mechanisms by showing that in the aftermath of the amnesty more exposed locations had a larger increase in the number of thieves-in-law, career criminals upholding the inmate code, and descendants of Gulag prisoners have higher levels of anti-gay attitudes. Our results demonstrate a previously under-emphasized cost of mass incarceration: a higher level of homophobia.

Melbourne: University of Melbourne - Melbourne Institute: Applied Economic & Social Research; Nottingham, UK: University of Nottingham, School of Economics, 2022. 110p.

Time-In-Cell: A 2021 Snapshot of Restrictive Housing Based on a Nationwide Survey of U.S. Prison Systems

By Juditih Resnik, Skylar Albertson, Skylar Grace Li and Jennifer Taylor

Time-In-Cell 2021 is the only comprehensive, current national data on the number of prisoners in solitary confinement — or what prison directors call restrictive housing — and the length of time prisoners are housed under these conditions. As of the summer of 2021, an estimated 41,000 to 48,000 prisoners in the United States were held in isolation for an average of 22 hours a day for 15 days or more. Moreover, three states reported holding no one in that form of isolation in July 2021; two other states reported fewer than ten people in solitary; and ten states reported not using solitary in any of their women’s prisons. In contrast, as documented in the study published in 2014, every jurisdiction reported using solitary confinement, and an estimated 80,000 to 100,000 people were in solitary confinement in prisons throughout the United States.

This research intersects with efforts around the country—spearheaded by people in confinement, by communities, by many organizations including of correctional leaders, and by legislators—to limit or end the use of isolation in prison. National campaigns (“Unlock the Box,” “Stop Solitary”) have brought attention to the harms, as has the recent death of Albert Woodfox, author of Solitary, who spent more than forty years in isolation at Louisiana’s Angola prison before he was released in 2016. Time-in-Cell also examined the demographics of people held in isolation, including its continued use for people whom their own jurisdiction defines as having “serious mental illness.” Moreover, the number of Black women held in solitary was higher than the number of white women.

New Haven, CT: Arthur Liman Center for Public Interest Law at Yale Law School, 2022. 307p.

Review of Policy Options for Prison and Penal Reform 2022-2024

By Ireland Department of Justice

The Programme for Government 2020: Our Shared future contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society. In September 2020, the Department of Justice established a working group including the Head of Criminal Justice Policy, the Director-General of the Irish Prison Service and the Director of the Probation Service to take forward the Government’s commitment to review policy options for prison and penal reform. The review considered commitments and ongoing developments across the justice sector and beyond, including those outlined in the Youth Justice Strategy 2021 - 2027, the Probation Service Strategy 2021-2024, the Irish Prison Service Strategic Plan 2019-2022, the Joint Irish Prison Service and Probation Service Strategic Plan 2018-2020, the Joint Action Plan on the Management of Offenders 2019-2021 and the Social Enterprise and Employment Strategy 2021 – 2023. The on-going work in relation to the Criminal Justice Sectoral Strategy and work on developing a Community Safety Policy was also taken into account.

Dublin: Ireland Department of Justice, 2022. 71p.

Repurposing Correctional Facilities to Strengthen Communities

By Nicole D. Porter

Between 2000 and 2022, 21 states partially closed or fully closed at least one correctional facility and reduced correctional capacity in the United States by 81,444 prison beds, according to The Sentencing Project’s analysis of state records. …Key to successful prison closure efforts has been the reuse of former correctional facilities for purposes beneficial to communities. A community reinvestment approach redirects funds states spend on prisons to rebuild the social capital and local infrastructure – quality schools, community centers, and healthcare facilities – in high-incarceration neighborhoods. Such an approach acknowledges the collateral impacts of mass incarceration on many overly policed neighborhoods where persons lived prior to their sentencing. Repurposing closed prison facilities helps address how out of step the United States’ scale of incarceration is with the rest of the world and the unacceptable racial bias that dominates criminal legal practices.

Washington, DC: The Sentencing Project, 2022. 28p.