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PUNISHMENT

Posts in rule of law
Correctional Facilities and Correctional Treatment: International Perspectives

Edited by Rui Abrunhosa Gonçalves 

This book provides international perspectives on corrections, correctional treatment, and penitentiary laws. Although its focus is on African and South American countries, the information provided can be easily expanded to North America and Europe. The chapters present legal frameworks and applied research on prisons and their potential to deter crime and reduce recidivism rates. The book puts the human rights agenda at the forefront and is a useful resource for those who work in corrections, including prison, education, and probation officers.

London: InTechOpen, 2023. 146p.

The Death Penalty for Drug Offences: Global Overview 2022

By Giada Girelli, Marcela Jofré, and Ajeng Larasati : Harm Reduction International

As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.

These setbacks were not completely unexpected, nor unpredictable. After defending its barbaric policy on the death penalty throughout 2021, Singapore issued execution warrants against individuals convicted of drug trafficking in February 2022. These were eventually stayed after legal appeals and pleas from families and civil society, but more execution warrants quickly followed. In Saudi Arabia, civil society had warned of the risk of resumption in drug-related executions since the partial moratorium was announced in 2021. When the Kingdom carried out the worst mass execution in its history in March 2022, the risk became even more apparent. Similarly, Iranian civil society warned of the risk of a spike in executions, absent persistent international pressure.

London: Harm Reduction International, 2023. 54p.

Long sentences: An international perspective

By Lila  Kazemian

  In Spring 2022, the Council on Criminal Justice launched the Task Force on Long Sentences. Its mission is to examine how prison sentences of 10 years or more affect public safety, crime victims and survivors, incarcerated individuals and their families, communities, and correctional staff, and to develop recommendations to strengthen public safety and advance justice. This brief was commissioned by the Task Force to examine how the use of long sentences in the United States compares with the sentencing practices of other countries. To the author’s knowledge, there is no existing source of comparative international data on long sentences that includes individual U.S. states and offense-specific sentences. This brief draws on the most comprehensive, publicly available data on long sentences. Key Takeaways + The use of long sentences has increased in nations across the globe over the last several decades, but the U.S. remains an outlier in the extent to which it imposes them. Both the average imposed sentence length and the actual amount of time people spend behind bars (time served) are longer in the U.S. when compared with most other countries. These findings are consistent with broader correctional trends that distinguish the U.S. from other nations. + The U.S. grapples with higher rates of homicide when compared with European countries but this does not fully explain its distinctive policies regarding long sentences. Higher homicide rates may partly explain the more frequent recourse to long sentences in the U.S., but they do not explain the longer average prison sentences imposed for homicide and sexual offenses when compared with other nations. + The U.S. imposes longer sentences compared to countries with substantially higher rates of violence. Despite having lower homicide rates than many Latin American and Caribbean (LAC) countries, U.S. states often incarcerate more people and for longer periods of time when compared with Latin American nations. + The average sentence length imposed in the U.S. is more aligned with the criminal justice policies of Latin American countries than with those of peer industrialized nations. Differences in average sentence length are generally less pronounced when comparing the U.S. to Latin American nations. More prominent disparities exist in comparisons with European countries. + The U.S. holds a substantial proportion of the world’s population of people serving life sentences (40%) as well as the vast majority (83%) of individuals sentenced to Life Without the Possibility of Parole (LWOP). Some U.S. state laws include provisions that allow for mandatory confinement periods that are exponentially higher than those used in European nations. + The distinctive use of long sentences in the U.S. is partly due to the decentralized structure of the political and criminal justice systems. The position of the U.S. as an outlier is exacerbated by states with distinctively large populations of people serving long prison terms.   

Washington, DC: Council on Criminal Justice, 2022. 36p.

Reflections on long prison sentences: A Conversation with Crime Survivors, Formerly Incarcerated People, and Family Members

By Susan Howley

  Introduction In Spring 2022, the Council on Criminal Justice (CCJ) launched the Task Force on Long Sentences, a group of 16 experts representing a broad range of experience and perspectives, including crime victims and survivors, formerly incarcerated people, prosecutors, defense attorneys, law enforcement, courts, and corrections. Its mission is to examine how prison sentences of 10 years or more affect public safety, crime victims and survivors, incarcerated individuals and their families, communities, and correctional staff, and to develop recommendations to strengthen public safety and advance justice. As part of this effort, the Task Force convened nine listening sessions. The sessions were designed to gather input from victims and survivors of crime, including family members of homicide victims, close relatives of people serving long sentences, and individuals who served long prison sentences themselves. The purpose of this analysis is to elevate the perspectives of those individuals closest to long sentences – victims and survivors of serious crime and individuals who served long sentences and their loved ones. The views expressed by participants should be interpreted as direct reflections of their thoughts and feelings rather than as a blueprint for policy reform. Please also note that the opinions presented are not representative of all victims and survivors of serious crime, or all individuals who have served long prison sentences. Two overarching themes emerged from the listening sessions. First, while the sessions were designed to address victims and survivors and formerly incarcerated individuals and their loved ones separately, there was significant overlap in the experiences of participants. Many victims and survivors expressed having experienced the impact of incarceration through a family member and many formerly incarcerated people and their loved ones discussed having experienced serious violence. Although every effort was made to recruit diverse participants, the overlap in experience may be an artifact of how individuals were identified for participation in the listening sessions or may be evidence that there is significant overlap between “victims” and “offenders.” Second, there was broad agreement between victims and survivors and formerly incarcerated people and their loved ones on most of the topics explored in the listening sessions and presented below. This brief highlights where the perspectives of listening session participants were in sync-and where they diverged.

Washington, DC: Council on Criminal Justice, 2023. 20p.

Factors Affecting Time Served in Prison: The Overlooked Role of Back-End Discretion

By Julia Laskorunsky, Gerald G.Gaes and KevinReitz  

When researchers, policymakers, and advocates examine the impact of long sentences, they typically focus on issues such as the statutory lengths of sentences or the roles that prosecutors and judges play in imposing sentences. While analyses of such “front-end” factors are important, they cannot sufficiently explain the role of “back-end” factors, specifically the laws and administrative rules that govern the awarding of different forms of sentence credit and prison release. This constitutes a significant gap in our understanding of how long sentences work. As research by Kevin Reitz and colleagues has documented,1 state prison-release frameworks have far greater discretionary power over the time individuals actually serve-and, by extension, the size of prison populations-than has been previously understood. To assess the impact of the use of long sentences of 10 or more years in the U.S., it is critical to appreciate how the interplay between the laws and administrative rules governing prison release affect the actual length of time individuals spend behind bars. Based on research conducted as part of the Robina Institute of Criminal Law and Criminal Justice’s Prison Release: Degrees of Indeterminacy project,2 this brief’s first section provides an overview of the nation’s parole and non-parole prison release systems. This overview sets up an examination of how these systems’ statutory and administrative policy frameworks influence release decisions, sentence credit awards, and the actual time individuals serve against the sentence they receive in court (i.e., the judicial maximum term). In the second section, the brief uses Colorado as a short case-study to show how one state’s back-end laws and policies affect the time individuals serve. Finally, in the concluding section, the brief points to future research and policy work on prison-release decision making including other empirical factors other than statutory and administrative frameworks that influence how much time an individual serves.  

Washington DC: Council on Criminal Justice, 2022. 23p.

The Impact of Long Sentences onPublic Safety: A Complex Relationship

By Roger Pryzybylski, John Maki, Stephanie Kennedy, AaronRosenthal and Ernesto Lopez

  Long prison sentences—defined here as sentences of 10 years or more—may be imposed for several reasons, including to punish people engaged in criminal behavior, to prevent individuals from committing additional crimes in the future, and to warn the general public about the consequences of violating the law. This literature review explores empirical evidence on the relationship between sentence length and public safety. It synthesizes the best available research on the incapacitation and deterrent effects of prison sentences and examines whether, and to what extent, prison sentences affect individual criminal behavior and overall crime rates. The relationship between long prison sentences and public safety is complex. Although long prison sentences may be warranted in individual cases based on one or more of the varied purposes of sentencing, the imposition of such sentences on a large scale offers diminishing returns for public safety. Research consistently shows that a relatively small percentage of individuals are responsible for an outsized share of crime in their communities. But attempts to use long sentences to selectively incapacitate this population have been unable to overcome competing factors like the “replacement effect,” where the incarceration of one person leads to another individual taking their place, and the “age-crime curve,” the criminological fact that offending typically decreases with age. Since relatively few studies have focused specifically on long prison sentences, this analysis encompasses the broader literature on incarceration and crime. The report concludes with recommendations for future research.  

Washington, DC: Council on Criminal Justice, 2022. 17p.

Criminalizing Poverty: The Consequences of Court Fees in a Randomized Experiment

By Devah Pager, Rebecca Goldstein, Helen Ho, and Bruce Western 

  Court-related fines and fees are widely levied on criminal defendants who are frequently poor and have little capacity to pay. Such financial obligations may produce a criminalization of poverty, where later court involvement results not from crime but from an inability to meet the financial burdens of the legal process. We test this hypothesis using a randomized controlled trial of court-related fee relief for misdemeanor defendants in Oklahoma County, Oklahoma. We find that relief from fees does not affect new criminal charges, convictions, or jail bookings after 12 months. However, control respondents were subject to debt collection efforts at significantly higher rates that involved new warrants, additional court debt, tax refund garnishment, and referral to a private debt collector. Despite significant efforts at debt collection among those in the control group, payments to the court totaled less than 5 percent of outstanding debt. The evidence indicates that court debt charged to indigent defendants neither caused nor deterred new crime, and the government obtained little financial benefit. Yet, fines and fees contributed to a criminalization of low-income defendants, placing them at risk of ongoing court involvement through new warrants and debt collection.

American Sociological Review, Volume 87, Issue 3, 2022.

Incomparable Punishments: How Economic Inequality Contributes to the Disparate Impact of Legal Fines and Fees

By Lindsay Bing, Becky Pettit, Ilya Slavinski

Low-level misdemeanor and traffic violations draw tens of millions of people into local courts to pay fines and fees each year, generating billions of dollars in revenue. We examine how standardized legal fines and fees for low-level charges induce disparate treatment and result in disparate impact. Using a mixed-methods approach that incorporates administrative court records as well as interviews with criminal defendants from Texas, we find that although the majority of defendants readily pay for and conclude their case, African American, Latinx, and economically disadvantaged defendants spend disproportionate amounts of money and time resolving theirs. Analysis of criminal case records illustrates the disparate impact of monetary sanctions through the accrual of debt and time spent resolving a charge. Interviews reveal irreconcilable tensions between American ideals of equality in sentencing and the meaning and value of money and time in an increasingly unequal society.

RSF: The Russell Sage Foundation Journal of the Social Sciences 8(2): 118–136  , 2022.

County Dependence on Monetary Sanctions: Implications for Women’s Incarceration


By Kate K. O’NeillTyler J SmithIan Kennedy

Although men’s incarceration rates have declined in the United States, women’s have stayed steady and even risen in some areas. At the same time, courts have increased their use of monetary sanctions, especially for low-level offenses. We propose that women’s incarceration trends can be partially explained by county dependence on monetary sanctions as a source of revenue. We suggest that monetary sanctions expose female defendants to processes that increase their likelihood of incarceration, especially in counties more reliant on monetary sanctions as a source of revenue, and where women’s poverty rates are high. Using data from Washington State, we find county dependence on monetary sanctions is positively associated with rates of women sentenced to incarceration. Although rural counties’ rates are higher, they depend on monetary sanctions no more than nonrural counties do.

  RSF: The Russell Sage Foundation Journal of the Social Sciences 8(2): 157–72. 2022;  

Pay Unto Caesar: Breaches of Justice in the Monetary Sanctions Regime

By Mary Pattillo and Gabriela Kirk

Monetary sanctions include fines, fees, restitution, surcharges, interest, and other costs imposed on people who are convicted of crimes ranging from traffic violations to violent felonies.  We analyze how people in the court system theorize about monetary sanctions with regards to four kinds of justice: constitutional, retributive, procedural, and distributive justice.  Drawing on qualitative interviews with sixty-eight people sentenced to pay monetary sanctions in Illinois, we identify five themes that illuminate how respondents think about these forms of justice: monetary sanctions are: (1) justifiable punishment, (2) impossible to pay due to poverty, (3) double punishment, (4) extortion, and (5) collected by an opaque and greedy state.  We find that for defendants in the criminal justice system, monetary sanctions serve some retributive aims, but do not align with the other three domains of justice.  We discuss the policy implications of these findings.

UCLA Criminal Justice Law Review  Volume 4, Issue 1, 2020.

Death Sentences And Executions 2022

By AMNESTY INTERNATIONAL

From the Introduction: Amnesty International’s research on the global use of the death penalty in 2022 revealed a spike in the number of people known to have been executed worldwide, including a significant increase in executions for drug-related offences. This negative trend contrasts with a countervailing positive tendency: a substantial number of countries have taken decisive steps away from the death penalty in 2022, marking remarkable progress against the ultimate cruel, inhuman and degrading punishment. Known executions, excluding the thousands believed to have taken place in China, significantly increased by 53% on those for 2021, from 579 (2021) to 883 (2022). The executions recorded in 2022 were the highest since 2017 (993).2 Secrecy and restrictive state practices continued to impair an accurate assessment of the use of the death penalty in several countries, including China, North Korea and Viet Nam.

AMNESTY INTERNATIONAL GLOBAL REPORT 2022. 46p.

Situational Prison Control

By Richard Wortley

FROM THE COVER: This book examines the control ofproblem behaviour in prison from a situational crime prevention perspective. Following the success of situational crime prevention in community settings, Richard Wortley argues that the same principles can be used to help reduce the levels of assault, rape, self-harm, drug use, escape and collective violence in our prison systems. This pioneering new study proposes a two-stage model of situational prevention that moves beyond traditional opportunity-reduction: it attempts to reconcile the contradictory urges to control prison disorder by 'tightening-up' and hardening the prison environment on the one hand, and 'loosening-off and normalising it on the other. Combining a comprehensive synthesis and evaluation of existing research with original investigation and ground-breaking conclusions, Situational Prison Control will be of great interest to academics and practitioners both in the areas of corrections and crime prevention more generally.

Cambridge. University of Cambridge Press. 2002.263p. CONTAINS MARK-UP

Panopticon versus New South Wales and other Writings on Australia

By Tim Causer and Philip Schiofield

The present edition of Panopticon versus New South Wales and other writings on Australia consists of fragmentary comments headed ‘New Wales’, dating from 1791; a compilation of material sent to William Wilberforce in August 1802; three ‘Letters to Lord Pelham’ and ‘A Plea for the Constitution’, written in 1802–3; and ‘Colonization Company Proposal’, written in August 1831. Of this material, Bentham printed and published the first two ‘Letters to Lord Pelham’ and ‘A Plea for the Constitution’, but the remainder is published here for the first time. These writings, with the exception of ‘Colonization Company Proposal’, are intimately linked with Bentham’s panopticon penitentiary scheme, which he regarded as an immeasurably superior alternative to criminal transportation, the prison hulks, and English gaols in terms of its effectiveness in achieving the ends of punishment. He argued, moreover, that there was no adequate legal basis for the authority exercised by the Governor of New South Wales. In contrast to his opposition to New South Wales, Bentham later composed ‘Colonization Company Proposal’ in support of a scheme proposed by the National Colonization Society to establish a colony of free settlers in southern Australia. He advocated the ‘vicinity-maximizing principle’, whereby plots of land would be sold in an orderly fashion radiating from the main settlement, and suggested that, within a few years, the government of the colony should be transformed into a representative democracy.

London: UCL Press, 2022. 619p.

HIV/AIDS and the Prison Service of England and Wales, 1980s-1990s

Edited by Janet Weston and Virginia Berridge

This Witness Seminar, held at the London School of Hygiene and Tropical Medicine in May 2017, brings together some of those involved in influencing and implementing prison policy decisions surrounding HIV and AIDS in the 1980s and 1990s. AIDS first appeared in Europe in the early 1980s, and prisons were soon identified as sites that would face particular challenges. Injecting drug use was one of the primary modes of HIV transmission, and the large numbers of drug users passing through prisons meant that the prevalence of HIV was feared to be high. Added to this were suspicions about the frequency of risky sexual activity and injecting drug use within prisons. Prisoners were not only thought to be at a higher risk of already having HIV or AIDS, but prisons themselves were seen as an ideal environment for the spread of infection amongst inmates, potentially also from inmates to staff, and ultimately from released prisoners to the wider population. Urgent decisions had to be made about how to minimise disruptions prompted by diagnoses or fears of HIV and AIDS, how to reduce the risks of HIV transmission, and how to look after prisoners already affected. The emergence of HIV and AIDS highlighted many of the existing tensions and problems surrounding healthcare for prisoners. Witnesses described the reluctance of the prison service to acknowledge and tackle difficult issues, but also observed that there did not seem to have been an HIV or AIDS epidemic within prisons in England and Wales. What also emerged was a sense of some of the ongoing difficulties facing the prison service, in terms of lost gains in healthcare services, mounting overcrowding, and a failure to learn the lessons of the past.

London: London School of Hygiene & Tropical Medicine, 2017. 67p.

Prisons in Europe 2005-2015 - Volume 2: Sourcebook of prison statistics

By Marcelo F. Aebi, Léa Berger-Kolopp, Christine Burkhardt, Mélanie M. Tiago

How many inmates are held in European prisons? Among them, how many are women? How many are foreign citizens? How many are not serving a final sentence? How many people enter prison every year, and how long do they remain there? Are there enough places for all of them? What is the ratio of inmates per member of prison staff? How much do prisons cost? If you are looking for the data necessary to provide answers to these and many other similar questions, this is the book for you. The Sourcebook of prison statistics compiles absolute numbers for 30 prison-related measures and computes another 30 indicators which can be used for comparative purposes. The sourcebook should be used together with Volume 1 of the Prisons in Europe 2005-2015 collection, which provides the context and methodology used to produce the data presented here. 

Strasburg: Council of Europe, 2019. 217p

Prisons in Europe 2005-2015. Volume 1: Country profiles

By  Marcelo F. Aebi Léa Berger-Kolopp Christine Burkhardt Mélanie M. Tiago;  The European Union and the Council of Europe

  Country-based information on penal institutions and prison populations was collected through questionnaires sent to the prison administrations of the member states of the Council of Europe. The information collected was analysed by the authors of the study. This publication is divided into four parts across two volumes. Parts 1 to 3 are presented in this volume. Part 4 (volume 2) presents the data received from the prison administrations of the 47 member states of the Council of Europe, as well as the rates, ratios and percentages computed by the authors of this study, which were used to produce the figures included in the present volume. 

Strasbourg: Council of Europe, 2019. 366p.

he State of Harm Reduction in Prisons in 30 European Countries with a Focus on People Who Inject Drugs and Infectious Diseases

By Heino StöverAnna TarjánGergely Horváth & Linda Montanari 

People who inject drugs are often imprisoned, which is associated with increased levels of health risks including overdose and infectious diseases transmission, affecting not only people in prison but also the communities to which they return. This paper aims to give an up-to-date overview on availability, coverage and policy framework of prison-based harm reduction interventions in Europe. Available data on selected harm reduction responses in prisons were compiled from international standardised data sources and combined with a questionnaire survey among 30 National Focal Points of the European Monitoring Centre for Drugs and Drug Addiction to determine the level of availability, estimated coverage and policy framework of the interventions. …. While 21 countries address harm reduction in prison in national strategic documents, upon-release interventions appear only in 12.

Conclusions. Availability and coverage of harm reduction interventions in European prisons are limited, compared to the community. There is a gap between international recommendations and ‘on-paper’ availability of interventions and their actual implementation. Scaling up harm reduction in prison and throughcare can achieve important individual and public-health benefits.

Harm Reduction Journal volume 18, Article number: 67 (2021) 

Prison Rehabilitation Programs and Recidivism: Evidence from Variations in Availability

By  William Arbour, Guy Lacroix, Steeve Marchand

Increasing evidence suggests that incarceration can improve inmates' social reintegration under certain circumstances. Yet, the mechanisms through which incarceration may lead to successful rehabilitation remain largely unknown. This paper finds that participation in social rehabilitation programs can significantly reduce recidivism only when inmates are evaluated by an assessment tool which allows to identify their criminogenic needs. This suggests that targeting criminogenic needs is crucial for successful rehabilitation. We also find that inmates with a high risk score or who exhibit procriminal attitudes benefit little from participation. To control for selection, we instrument participation with program availability at the time and place of incarceration. We also use a coefficient stability approach to test for omitted variable biases. Both approaches yield similar results.

Unpublished paper, 2023. 44p.

Recidivism of Females Released from State Prison, 2012-2017

By Matthew R. Durose and Leonardo Antenangeli

This report presents findings on recidivism of females from BJS’s study on persons released from state prison across 34 states in 2012. It compares females and males by their commitment offenses, recidivism patterns during the 5 years following release (from 2012 to 2017), and post-release offenses.

Washington DC: U.S. Bureau of Justice Statistics, 2023. 6p.

Work Assignments Reported by Prisoners, 2016

By Lauren G. Beatty and; Tracy L. Snell

This report provides statistics on whether prisoners were required to have a work assignment, the types of work they performed while incarcerated, and reasons they chose to have a work assignment if one was not required. Findings are based on data collected in the most recent Survey of Prison Inmates, which was conducted in 2016 through face-to-face interviews with a national sample of federal and state prisoners.

Washington, DC: U.S. Bureau of Justice Statistics, 2023. 7p.