By Marta Nelson, Samuel Feineh and Maris Mapolski

One hundred years from now, we may look back at the United States’s overreliance on punishment and its progeny—mass incarceration—with the kind of abhorrence that we now hold for internment camps for Japanese Americans and Jim Crow laws. Or, if we never curb our reliance on jails and prisons for public safety, we may be in the same place then as we are today….This report posits that maintaining our system of mass incarceration will not bring people in the United States the safety and justice they deserve, while dismantling it in favor of a narrowly tailored sentencing response to unlawful behavior can produce more safety, repair harm, and reduce incarceration by close to 80 percent, according to modeling on the federal system. In this report, the Vera Institute of Justice (Vera) addresses a main driver of mass incarceration: our sentencing system, or what happens to people after they have gone through the criminal legal system and are convicted of a crime

New York: Vera Institute of Justice, 2023. 81p.

The The U.S. Department of Justice, Office of the Inspector General

  The U.S. Department of Justice (DOJ) Office of the Inspector General (OIG) initiated this limited-scope review after certain operational issues became so serious at U.S. Penitentiary (USP) Atlanta and Metropolitan Correctional Center (MCC) New York that, in 2021, the Federal Bureau of Prisons (BOP) significantly limited operations at the former and closed the latter. The DOJ OIG sought to assess how critical issues at BOP institutions are identified, communicated to BOP Executive Staff, and remediated. At the outset of our limited-scope review, then BOP Executive Staff told us they had been largely aware of the long-standing operational issues at USP Atlanta and MCC New York and expressed confidence in the BOP’s existing mechanisms to communicate information about operational issues. However, they also described four foundational, enterprise-wide challenges that they said limited their ability to remedy institution operational issues, specifically: • weaknesses in the BOP’s internal audit function, • delays in the BOP’s employee discipline process, • inadequacy of BOP assessments of institution staffing level needs, and • the BOP’s inability to address its aging infrastructure. In light of then BOP Executive Staff’s prior awareness of the USP Atlanta and MCC New York operational issues, we modified the scope of this review following these initial meetings to focus on these four causes and the scope of the challenges, their effects on institutional operations, and the Executive Staff’s efforts to remedy them.  

Washington, DC: U.S. Department of Justice, Office of the Inspector General, 2023. 42p.

By The Washington Lawyers’ Committee for Civil Rights & Urban Affairs 

Hundreds of people held in the Federal Bureau of Prisons’ (BOP) Special Management Unit (SMU) endured years of unconstitutional and abusive conditions. Those abuses were particularly extreme during the more than three years the program was located in the United States Penitentiary in Thomson, Illinois (Thomson). Over the past 18 months, more than 40 lawyers and legal staff members from the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Latham & Watkins LLP, Uptown People’s Law Center, and Levy Firestone Muse LLP, investigated the conditions in the SMU at Thomson. During that investigation we collected accounts of extreme physical and psychological abuse from more than 120 people. We also witnessed firsthand abusive and obstructive staff behavior, and saw with our own eyes injuries inflicted by Thomson employees. Guards regularly placed individuals in dangerous four-point restraints for hours, sometimes days, and often without food, water, or access to a toilet. Many individuals reported being beaten and sexually assaulted while in restraints. Guards fastened the restraints so tightly that they caused scars on individuals’ wrists, ankles, and stomachs. This happened so frequently that the resulting scars became known as a “Thomson Tattoo.” In addition to physical abuse, guards subjected people in the SMU to psychological trauma through the use of extended solitary confinement, referred to by the BOP euphemistically as “restrictive housing.”1 In the SMU, solitary confinement involved locking two people in a cell for up to 23 hours a day, a practice known as double-cell solitary confinement…

Washington, DC: Author, 2023. 29p.

By F. Ann Carson and  Melissa Nadel 

This report provides details on the effects of COVID-19 on state and federal prisons from March 2020 to February 2021. The report presents data related to COVID-19 tests, infections, deaths and vaccinations. It also provides statistics on admissions to and releases, including expedited releases, from state and federal prisons during the first year of the COVID-19 pandemic.

Washington, DC:  U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics, 2022. 45p.

By Lucy Wainwright,  Sarah Senker, Krysia Canvin & Laura Sheard

The impact of COVID-19 has been exceptional, particularly on the National Health Service which has juggled COVID affected patients alongside related staff shortages and the existing (and growing) health needs of the population. In prisons too, healthcare teams have been balancing patient needs against staffing shortfalls, but with additional strains unique to the prison population. Such strains include drastic lockdown regimes and prolonged isolation, the need to consider health alongside security, known health inequalities within prisoner groups, and an ageing and ethnically diverse population (both groups disproportionately affected by COVID). The aim of this paper is to contribute to emerging research on the impact of COVID-19 on prison healthcare.

Health & Justice volume 11, Article number: 6 (2023)

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.

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.

By Penal Reform International and The Thailand Institute of Justice

  This 2023 edition of Global Prison Trends by Penal Reform International (PRI) and the Thailand Institute of Justice (TIJ) is published at a time where a string of financial crises and ongoing impacts of the COVID-19 pandemic are greatly affecting vulnerable people around the world. People in conflict with the law – and their families – are being hit by rising costs of living and austerity measures, as are prison systems. Our report assesses the impact of economic crisis on prisons and people detained or working in them, including in terms of food security. We also highlight the impacts of imprisonment on families who are often relied on to meet even the basic needs of their loved ones in prison. Long-standing under-resourcing of prison administrations and inadequate support for families in need are compounding this situation. Adequate resourcing and capacity of prison systems are prerequisites to protecting the human rights and basic needs of every person affected by imprisonment. The impact of prison overcrowding is central to our analysis in this year’s edition of Global Prison Trends. From healthcare and nutrition to rehabilitation and countering violence and criminal subcultures in prison, all initiatives would be more viable and effective, and human rights of all better protected, with fewer people in prison.   

London: Penal Reform International, 2023. 56p.

By Jacqueline Beard

The prison estate in England and Wales contains 120 prisons holding people who have been sentenced or are on remand awaiting trial for a range of crimes. The prison estate has a mixture of publicly and privately run institutions, some of which are newly built, while others date back to the Victorian era. As of March 2023, the total prison population in England and Wales was around 84,400 people, 96% of whom were male. The prison population has grown substantially over the past 30 years, with almost all the growth having taken place between 1995 and 2010. It reached its highest level in 2012 at around 86,600 people. During the pandemic, in 2020, the prison population dipped to its lowest level for around 13 years before rising again in each of the two most recent years. In the long term, the Government expects the prison population to increase. Among reasons for the projected increase, the Ministry of Justice cites the rise in police officer numbers and changes in sentencing policy. The most recent set of projections give a central estimate for the prison population of 94,400 by March 2025 and a range from 93,100 to 106,300 by March 2027. 

London: UK Parliament, House of Commons Library, 2023. 35p.

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

By The Death Penalty Information Center

The Death Penalty Information Center’s new report on race and the death penal­ty in Tennessee places the state’s death penal­ty sys­tem in his­tor­i­cal con­text, doc­u­ment­ing how racial dis­crim­i­na­tion and racial vio­lence con­tin­ue to influ­ence the admin­is­tra­tion of the death penal­ty. Doomed to Repeat: The Legacy of Race in Tennessee’s Contemporary Death Penalty, released June 22, 2023, notes that as the Tennessee Department of Correction devel­ops new lethal injec­tion pro­to­cols and pre­pares to resume exe­cu­tions, the state may find it use­ful to under­stand how Tennessee arrived at its cur­rent cap­i­tal pun­ish­ment sys­tem.

The report explains that in the 18th and 19th cen­turies, the use of cap­i­tal pun­ish­ment in Tennessee was large­ly depen­dent on the race of the defen­dant. There were 13 offens­es for which Black peo­ple could receive the death penal­ty, com­pared to just two offens­es that could result in death sen­tences for white cit­i­zens. From the begin­ning, the death penal­ty was applied dif­fer­ent­ly based on race.  The death penal­ty was not the only form of lethal pun­ish­ment that tar­get­ed Black Tennesseans. The report ties Tennessee’s use of cap­i­tal pun­ish­ment to its trou­bled his­to­ry of racial ter­ror. Tennessee was the site of more than 500 lynch­ings, accord­ing to Tennesseans for Historical Justice, and a nation­wide study of death sen­tences between 1989 and 2017 found a sig­nif­i­cant sta­tis­ti­cal rela­tion­ship between a state’s his­to­ry of lynch­ing and the num­ber of death sen­tences giv­en to Black defendants. 

Many of the his­tor­i­cal issues relat­ed to race in the state, includ­ing seg­re­ga­tion and Black vot­er dis­en­fran­chise­ment, are still preva­lent in Tennessee today. For exam­ple, the state has the high­est pro­por­tion of dis­en­fran­chised Black res­i­dents in the United States, with more than 1 in 5 Black peo­ple unable to vote. Concerns regard­ing vot­er dis­en­fran­chise­ment have been height­ened as the state leg­is­la­ture has con­tin­ued to remove pow­er from local­ly elect­ed pros­e­cu­tors to han­dle var­i­ous aspects of cap­i­tal cas­es, and shift­ed the author­i­ty to the state’s Attorney General, who is not elected. 

Washington DC: Death Penalty Information Center, 2023. 69p.

By Marta Nelson, Samuel Feineh and Maris Mapolski

To understand how the United States became one of the most incarcerated nations in the world, it is critical to understand the role that excessive and harsh sentencing has played. In this report, Vera addresses a main driver of mass incarceration: our sentencing system. Dismantling our system of mass incarceration in favor of a narrowly tailored sentencing response to unlawful behavior can produce more safety, repair harm, and reduce incarceration by close to 80 percent, according to modeling on the federal system. This report summarizes the evidence surrounding sentencing’s impact on safety, offers new guiding principles for sentencing legislation that privilege liberty, outlines seven key sentencing reforms in line with these guiding principles, and suggests a “North Star” for sentencing policy with a presumption toward community-based sentences except in limited circumstances. Severe sentences do not deter crime, retribution often does not help survivors of crime heal, and the U.S. sentencing system overestimates who is a current danger to the community and when incarceration is needed for public safety. Instead, we need a system that privileges liberty while creating real safety and repairing harm.

New York: Vera Institute of Justice, 2023. 81p.

By Access Living of Metropolitan Chicago

  According to statistics gathered from the 2011-2012 National Inmate Survey administered by the U.S. Department of Justice’s Bureau of Justice Statistics, an estimated 40 percent of individuals in jail self-reported having at least one disability. 3 Navigating jail with a disability can be complex, overwhelming, and costly. The impact of jailing a person with a disability also impacts their families and communities. The incarceration of one is essentially the incarceration of many. In the United States, the use of jail to confine people with disabilities is closely aligned with efforts to place disabled people in asylums and institutions, similar to the criminalization of black people resulting in mass incarceration following the abolition of slavery. From the end of slavery to today, laws have been enacted to criminalize and devalue both people of color and disabled individuals. These laws further socially justify these populations’ incarceration and further fuel biases and fear towards these groups. 4 Efforts to reduce jail incarceration nationwide have resulted in a range of innovative strategies, such as reducing the use of cash bail5 and the way that prosecutors make decisions about charges. 6 There is certainly a serious effort to shift how jails engage with people who need mental health supports, notably at Cook County Jail. 7 However, despite the general prevalence of disability in jails, there remain a range of under-addressed opportunities to discuss how to further reduce the jail incarceration of people with disabilities overall. A number of disability advocates have been working for many years to bring what is essentially a cross-disability look to criminal justice and restorative justice work; we need to hear and build on these efforts. Moreover, even as the National Inmate Survey showed high rates of self-reported disability status, it also showed that incarcerated people of color tended to underreport disability status.8 This poses a complex challenge to understanding the disability experience in different demographics who are impacted by police contact and jail incarceration. We feel this dynamic is of great note given current national work on reducing racial disparities in arrest trends and jail populations. This is especially important for Access Living, as the majority of people we serve directly are from black and brown neighborhoods in Chicago.  

Chicago: Access Living, 2019. 71p.

By Ashley Nellis

This report documents the rates of incarceration for white, Black and Latinx Americans in each state, identifies three contributors to racial and ethnic disparities in imprisonment, and provides recommendations for reform.

Washington DC: The Sentencing Project, 2021. 25p.

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.

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.

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.

By Kate K. O’Neill, Tyler J Smith, Ian 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;  

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.

By Pau Pérez-Sales

FROM THE PREFACE: Sadly, it is highly likely that psychological torture is committed by governments worldwide and yet, notwithstanding the serious moral questions that this disturbing and elusive concept raises, and limited research in the area, there is no operational or legal definition.This pioneering new book provides the first scientific definition and instrument to measure what it means to be tortured psychologically, as well as how allegations of psychological torture can be judged. Ground in cross-disciplinary research across psychology, anthropology, ethics, philosophy, law and medicine, the book is a tour de force which analyses the legal framework in which psychological torture can exist, the harrowing effects it can have on those who have experi- enced it, and the motivations and identities of those who perpetrate it.

NY. Routledge. 2017. 445p.