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

PUNISHMENT

Posts in violence and oppression
Inspection of the Federal Bureau of Prisons’ Federal Correctional Institution Tallahassee

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

Our inspection identified several serious operational deficiencies at FCI Tallahassee. Among the most concerning were the alarming conditions of its food service and storage operations. Specifically, on our second day at the institution, we observed inmates being served moldy bread and vegetables rotting in a refrigerator in a food preparation area at the female prison. We also observed in food storage warehouses likely evidence of rodent droppings and rodents having chewed through boxes of food, as well as bags of cereal with insects in them and warped food containers. Within 24 hours of the OIG alerting institution management of our findings, they and other staff removed large volumes of food from the storage warehouses. We also identified in the female prison serious infrastructure problems that created unsanitary and potentially unsafe conditions. Inside communal inmate bathrooms, we observed a shower in which discolored water had pooled, a shower that flooded when used, and an inoperable toilet. We also found that female housing unit roofs routinely leak and that all five general population housing unit roofs need to be replaced. Many female inmates live in housing units in which water frequently leaks from ceilings and windows on or near their living spaces. We observed housing areas in which feminine hygiene products were being used to absorb water from leaking windows, an electrical outlet that appeared to have fire damage, a sink that was detached from the wall, and a black substance on walls and ceilings. Additionally, we observed worn bedding, rusted inmate storage lockers, and unlocked supply closets. Most staff and inmates reported feeling safe and did not believe that sexual abuse was widespread at FCI Tallahassee. We nonetheless identified serious issues affecting inmate safety, including Correctional Officer shortages, a lack of supervisory oversight at the male detention center, and operational deficiencies in core inmate management and security functions, such as weaknesses with inmate search procedures and limited security camera coverage. Staff and inmates also told us that staff do not always enforce rules consistently, and inmates believed that certain staff took retaliatory measures against them. Additionally, inmates reported that some Correctional Officers use offensive language when speaking with them. We found that, collectively, these issues have adversely affected the trust inmates have in Correctional Officers, which can cause some inmates to be unwilling to report staff and inmate misconduct due to fear of reprisal. We also found that FCI Tallahassee’s Health Services Department is experiencing significant staffing shortages, with 38 percent of its positions vacant, which is consistent with challenges associated with hiring healthcare professionals across the BOP. While we found that Health Services Department staff work hard to complete many of the core tasks within timeframes set by BOP policy, staff shortages have negatively affected healthcare treatment, including causing staff to modify the time of day it distributes insulin and drugs to female inmates, which may limit the therapeutic benefit of these drugs for certain inmates. Separately, we observed a healthcare provider failing to ask required questions during inmate intake screenings and not informing inmates how to access healthcare services. We note that many of the issues we detail in this report were longstanding and that much of FCI Tallahassee’s executive leadership team is new to the institution. For example, the Warden reported for duty there in January 2023. He and the leadership team were aware of many of the issues detailed in the report and at the time of our inspection had been taking steps to address them. We appreciated the full cooperation they and their staff provided to the OIG team during the inspection. 

Washington, DC, U.S. Department of Justice. 2023, 49pg

Prison mental health services in England: Prison & Young Offender Institution Mental Health Needs Analysis.

By Graham Durcan

Nine out of ten prisoners have at least one mental health or substance misuse problem. Commissioned by NHS England, this report compares current levels of need with prison mental health provision. Centre for Mental Health conducted a survey of current English prison mental health caseloads, staffing, skills, gaps in need and processes. With the support of regional commissioners and local leads, this involved the distribution of three surveys to all English prisons, young adult Young Offender Institutions (for over 18-year-olds) and Young Offender Institutions (for under 18s) in the summer of 2021. 

Just over three-quarters of England’s prisons and Young Offender Institutions (YOIs) returned at least one of the survey forms. This exercise followed on from a consultation and evidence gathering review on the future of adult prison mental health care, also commissioned by NHS England. 

United Kingdom, Centre for Mental Health. 2023, 55pg

Explaining penal momentum: Path dependence,prison population forecasting and the persistence of high incarceration rates in England and Wales

By Thomas Guiney and Henry Yeomans


This article seeks to explain the persistence of high incarceration rates in England and Wales. Building upon recent theoretical work on path dependence, we identify prison population forecasting as a poorly understood positive feedback mechanism that helps to determine the overall scale, scope and reach of the prison estate by connecting capital expenditure decisions with ‘business as usual’ planning cycles that assume considerable policy continuity with the past. We illustrate this point with reference to recent controversies over women's imprisonment where the everyday, routinised working practices of the penal system have played an important role in sustaining prison expansionism long after the initial conditions that fuelled the mid-1990s prison boom have faded. Disrupting these self-fulfilling logics will not be easy and we conclude this article with a call for a more deliberative democratic politics that confronts penal momentum and invites greater consideration of the many possible futures of penal policy.

United Kingdom, Howard Journal of Crime and Justice. 2022, 16pg

Prison Population Growth: Drivers, implications and policy considerations

By Cat Jones and Clare Lally

England and Wales have the highest per capita prison population in Western Europe. In October 2023, over 88,000 people were imprisoned, in an estate with a maximum capacity of 88,890. This was the highest number recorded. 94% of people in prison are adult men and the adult male prison estate is almost full. The prison estate is operating at 99% of its usable operational capacity and over 60% of prisons are overcrowded. Drivers of the current prison population growth include changes in sentencing policy (including increased sentence lengths). Other factors include remand, recall, reoffending and policing. The number of people given immediate custodial sentences has fallen from 98,044 in 2012, to 67,812 in 2022. This suggests that the prison population increase is not driven by more convictions. Nearing capacity can have negative implications for the safe operation of prisons, and for the health, wellbeing and rehabilitation of people in prison. Government action to avoid exceeding capacity includes expanding the prison estate and releasing some prisoners up to 18 days early. As of December 2023, three relevant bills are progressing through Parliament: the Sentencing Bill 2023, the Criminal Justice Bill 2023, and the Victims and Prisoners Bill 2023. Each contains a range of measures, with some likely to reduce the prison population and others likely to increase it. Various stakeholders have proposed additional policy options, such as the greater use of non-custodial sentences, and interventions to reduce the remand and recall populations. Some experts in this field have highlighted the role of public opinion in relation to sentencing policy and the relationship between prisons and the wider justice system. Evidence suggests that the public generally overestimate crime rates and underestimate sentence lengths, and that better-informed members of the public are less likely to view sentences as lenient. More high-quality research is needed to better understand the drivers of increased sentence length and to evaluate health and rehabilitation programmes in the prison context.  

United Kingdom, Parliamentary Office of Science and Technology. 2024, 33pg

Louisiana Deaths Behind Bars 2015 - 2021

By Andrea Armstrong

This latest report in a series continues to examine deaths among incarcerated people in Louisiana. From 2015 to 2021, at least 1,168 incarcerated people died behind bars in prisons, jails, and youth detention centers across Louisiana. Since our last report analyzing deaths 2015-2019, an additional 375 incarcerated people have died behind bars.

Approximately 86% of known deaths behind bars were of people serving a sentence for conviction of a crime. Deaths of people being held pre-trial, i.e. had not yet had a trial on their criminal charges, constituted 13.44% of all known deaths.

New Orleans, Loyola University College of Law. 2023, 75pg

Food Matters in Prisons: Briefing Paper

By: Food Matters

The World Health Organisation has emphasised the importance of seeing prisons as whole food systems. In this paper, Food Matters highlights numerous opportunities for food to play a broader role in prison life. In January 2023, Food Matters organised a roundtable workshop to discuss the issue of food in prisons, involving experts from the voluntary sector, academia, and individuals with lived prison experience. The central theme was the significant role of food in prisons and its impact on the lives of those held in them. We coupled the findings from this workshop with a review of related policy and literature in an interim paper which was shared with key stakeholders, including His Majesty’s Prison and Probation Service (HMPPS), His Majesty’s Inspectorate of Prisons, the Care Quality Commission, the Independent Monitoring Board, Clinks and other voluntary sector organisations. This paper explores the crucial role of food in shaping prisoners' identities and relationships and its potential to have positive impacts in prisons, including fostering relationships; promoting education, exercise and meaningful activities; enhancing cultural understanding improving physical and mental health; enhancing safety; and reducing reoffending. Food Matters has concluded that food should move from being a functional aspect of prisons to become a focal point for various activities and improvements to prison regimes. Key findings and considerations include: Opportunities for building on existing initiatives: Positive initiatives related to food and nutrition have been undertaken in prisons by voluntary sector organisations, supported by HMPPS and/or individual governors and more recently by HMPPS itself in promoting self-production initiatives and creating healthy recipes. However, limited resources and short-term funding have hindered the sustainability and longterm impact of these efforts. There is potential for collectively sharing best practices and building an evidence base for food and growing-related initiatives across prisons. Opportunities for greater transparency over food quality, standards, and sustainability following strengthened government commitments to adopting sustainable food procurement, the introduction of new nutritional guidance for public catering, and requirements for data reporting on food procurement and waste. More broadly, there is potential for widespread adoption of mainstream public health initiatives in prisons, including accreditation schemes for caterers and food suppliers. There is also scope for enhanced independent inspection and parliamentary oversight to encourage more creative approaches to be taken, building on a thematic review that explored the role of food in connection, comfort, and mental health support in prisons. Opportunities for HMPPS to adopt a strategic approach to developing food-related initiatives, integrated within a range of policies and practices such as rehabilitation, learning and skills development, family ties, and well-being and ensure that opportunities for self-catering, communal dining, and sustainable food production are maximized in redevelopment and new building projects.

Brighton , UK: Food Matters, 2024. 42p.

Budgeting for Incarceration in Tennessee

By: Mandy Spears

A companion report looks at historical trends in Tennessee’s incarcerated and corrections populations. Two additional reports will focus on community supervision, prison releases, and recidivism as well as pre-trial incarceration.

Key Takeaways:

  • Funded almost entirely by state revenues, the Tennessee Department of Correction (TDOC) is consistently among the state’s six largest state revenue expenses.

  • Incarceration costs make up over 80% of TDOC spending.

  • Since FY 1995, TDOC spending increased by an average of 4.1% per year — the same as growth in overall state revenue spending.

  • TDOC houses 27% of state prisoners in local jails to manage overcrowding in state facilities, a factor in slowing the growth of the department’s budget.

Nashville, TN: The Sycamore Institute, 2019. 7p.

Incarceration in Tennessee: Who, Where, Why, and How Long?

By: Mandy Spears

This report provides context for discussions about criminal justice reform, using historical data to reveal trends in Tennessee’s incarcerated and corrections populations. It focuses on state prisoners, who fall under the jurisdiction of the Tennessee Department of Correction (TDOC).

A companion report looks at the budgetary aspects of incarceration in Tennessee. Two additional reports will focus on community supervision, prison releases, and recidivism as well as pre-trial incarceration.

Key Takeaways:

  • Tennessee’s state felony incarceration rate grew 68% from FY 1991-2018. Trends in state incarceration and crime rates vary significantly by offense type.

  • State prisoners are disproportionately black, although the proportion of black inmates is falling. White women are the fastest growing segment of state prisoners.

  • The state prisoner population is getting older, which could affect the state budget since older individuals tend to incur more medical expenses.

  • In FY 2018, Tennessee housed 73% of its incarcerated felons in state prisons and 27% in local jails. The majority of state prisoners in local jails are waiting for space in a state facility.

  • Average sentences and time served are getting longer for most offense types, especially drug offenders who make up a growing share of incarcerations.

Nashville, TN: The Syramore Institute, 2019. 11p.

Crowded Jails and Prisons Raise COVID-19 Risks for Every Tennessean

By Bryce Tuggle

State and local leaders have implemented social distancing and “Safer at Home” policies to slow the spread of COVID-19, the disease caused by the new coronavirus. However, Tennessee’s local jails and state prisons may not have the space required to minimize risks of transmission between inmates, staff, and the community. This report explains why many Tennessee jail and prison populations face increased risks from COVID-19 and how that creates additional risks for the general public. Figure 1. 46 of Tennessee’s 116 Active Local Jails Had More Inmates than Beds in February 2020 Occupancy rate is the number of inmates on February 29, 2020 divided by bed capacity. Capacity is measured as the number of beds inspected by the Tennessee Corrections Institute in the most recent quarter. Numbers over 100 indicate that the jail was operating over capacity. Source: Tennessee Department of Correction Monthly Jail Report

KEY TAKEAWAYS

  • The most recent available data show 60% of Tennessee’s local jails and state prisons were near, at, or over capacity at the end of February. Of 116 active jails, 46 had more inmates than beds.

  • The close quarters of jails and prisons operating near, at, or over capacity make it harder to take steps public health experts recommend to slow the spread of COVID-19.

  • Jails and prisons could potentially serve as reservoirs for future COVID-19 outbreaks among the general public due to the heightened infection risks for inmates, staff, and those around them.

  • As TDOC and some county sheriffs take steps to combat COVID-19 in their facilities, state and local leaders may want to consider more ways to protect health while guarding public safety

Nashville: The Sycamore Institute, 2020. 9p.

The Better Futures Project Briefing 1: Work and Wages in Prison

By: Nacro

This is the first in a series of briefings that will examine the practical steps that can be taken to support people in contact with the criminal justice system to create better futures. The series will include practical and cost-effective steps to help prisons better prepare people for release, and provide them with the skills, training, knowledge and support they’ll need to thrive and create better lives on the outside. This briefing looks at work and wages in prison and the impact those can have on people’s ability to turn their lives around on release. It’s particularly important right now because of the cost of living crisis. We know that, for many, prison wages are all they have to get by on in prison. Wages are used to buy phone credit to keep in touch with friends and family, to buy the basic things they need, and to save for release. We want to propose a better, fairer, system that ensures that everyone can work to support themselves both during their time in prison, and on release. We believe it is a false economy to create what is for many an environment of poverty in prison, as it can lead to bullying and violence, and ultimately means that Government has to spend more on the basics for people in prison and on release as they are unable to provide them for themselves. Our solutions are set out in full below, but we believe that the main things to focus on are: Developing skills and earning qualifications: Making sure that work and education opportunities are available to everyone in prison, focusing on ensuring that people can develop the skills and qualifications that they will need on release. Jobs should be linked to qualifications and skills and based on a comprehensive understanding of the local job market so that training is preparing people for work in industries where there are employment shortages. Improved use of ROTL: It needs to become the norm that all people in prison who are eligible have genuine opportunities to be released during the day to enable them to work in the community and earn a real wage. A real working day: People should be provided with a working pattern that, as far as is possible, mimics the working day on the outside, and prison regimes and staffing profiles should prioritise this. This provides people, who are able to, in prison with the experience of working full time. It would also make setting up workshops etc in prison a more attractive proposition for outside employers who would then see that their investment would be returned in the productivity of their workforce, rather than trying to make contracts work where there is limited productive time in the working day. Fair pay so people can pay for the things they need: Establish a national pay scale for people in prison, reviewing current wages to ensure that people in prison have sufficient funds to buy the things that they need, keep in touch with friends and family and save for release Fair prices so people can pay for the things they need: In addition to establishing a national pay scale for people in prison, we must also ensure that the items that they can buy, and the phone calls that they make, are priced fairly and in line with prices in the community. Saving for release: With a national payscale and increased wages, a portion of prison wages should be saved in a ringfenced Resettlement Fund. Needs-based and administered independently, this fund would be available to people in the run up to release and post-release to support with their transition to the community. It should be flexible to be able to support with things such as a rent deposit or to fund the completion of a qualification started in prison. This fund should be considered when reviewing prison wages to ensure people are able to buy the things they need and contribute to the Fund. Priority for the best jobs in preparation for release: Introduce a system so that towards the end of an individual’s prison term they have priority for the higher paid roles with automatic saving of a portion of that wage in the resettlement fund referred to above. People should have a fair chance of getting the better paid jobs by ensuring they have every opportunity to gain enhanced status. This would help to prepare people for work once released as the higher paid jobs in prison are often the ones with more responsibility and accountability

London: Nacro, 2023. 16p.

Segregation of Men with Mental Health Needs: A Thematic Monitoring Report

By Independent Monitoring Boards (IMBs)

Independent Monitoring Boards (IMBs) monitor and report on the conditions and treatment of those detained in every prison in England and Wales. They have specific powers and responsibilities in order to effectively monitor the conditions and treatment of those in CSUs. Boards are notified when a prisoner is segregated, can speak to prisoners in CSUs in private, are invited to attend segregation review boards (SRBs), and can access and review all records.

This report provides an overview of outcomes for men in closed adult prisons with mental health needs who are being held in CSUs. It is based on:

  • A survey completed by IMBs at over 30 closed adult men’s prisons in England for four weeks during late Autumn 2022

  • A follow-up survey six months later in Spring 2023 was completed by IMBs who had previously identified segregated prisoners waiting for transfers to more appropriate secure settings.

  • Findings from IMBs’ most recent annual reports.

  • Several IMBs’ recent correspondence to ministers, senior HMPPS officials, and healthcare bodies raising serious concerns over the care of prisoners with mental health needs in CSUs.

Key findings

  • In recent years, almost all IMBs monitoring in prisons holding adult men have repeatedly raised concerns over CSUs not being a suitable or appropriate place for prisoners with mental health needs.

  • Prisoners with mental health needs were often held for prolonged and long-term periods in CSUs. IMBs found that this was mostly due to:

    • Men struggling to cope or refusing to reintegrate back onto the residential wings (referred to as ‘normal location’)

    • Lack of capacity in prison healthcare units or prisons with specialist functions

    • Delays in referral, assessment, and transfer to a secure hospital

    • There being no alternative, often because of a lack of diagnosis or men not having met the threshold for admission to a secure hospital.

  • Although most IMBs understood why CSUs were deemed the most appropriate place for these men to be held out of the limited locations available in prisons, there were still widespread concerns that CSUs were the only alternative for those who were acutely unwell and in need of specialist care.

  • For men who were already struggling with their mental health, their well-being and behavior often deteriorated further while being segregated for prolonged periods.

  • Prisoners with mental health needs were often moved between different CSUs, healthcare units, or were returned to wings for short periods which made it harder to track the cumulative time some prisoners spent segregated.

IMBs, 2024. 18p.

Unlocking the Truth: 40 years of INQUEST

By Matthew Ohara

Reflecting on INQUEST’s groundbreaking work, this report outlines how it has remained true to its roots; working alongside bereaved people, exposing the violence and neglect of the state and its institutions and failing systems of investigation and accountability. Without INQUEST this would go unchallenged.

United Kingdom, London. INQUEST. 2023. 72pg

Hangmen Of England: A History of Execution

By Brian Bailey

FROM THE COVER: From the appointment of the infamous Jack Ketch in 1663 to the abolition of the death penalty in 1969, England saw three-hundred years of hanging for a multitude of crimes from stealing a loaf of bread to murder. Public hangings drew vast crowds and the hangman himself became an almost mythical figure of fascinated revulsion. Certainly the men who undertook this gruesome duty were an unusual breed. At first they were often recruited from the same prisons as their victims, and perhaps unsurprisingly they ended up, like John Price, 'dancing the Tyburn jig' at the end of the same rope.

Barnes and Noble. NY. 1989. 230p.

Governing Prisons: A Comparative Study of Correctional Management

By John J. Dilulio, Jr.

FROM THE COVER: The American prison, in conventional wisdom, 1s doomed to be filthy, violent, and unproductive. It is a breeding ground for crime rather than a punishment for it, an institution where lawless inmates and abusive guards confront each other in riots that erupt in response to oppressive conditions. Now, John J. Dilulio, Jr., already considered one of the most original thinkers about prisons in a generation, challenges all these accepted notions about incarceration. Dilulio argues that-far from necessarily being hellish traps for society's refuse-prisons must and can be safe and humane, despite overcrowding, budget limitations, and racial polarization. The key is good government.

The Free Press. London. NY. 1987. 357p.

Sentencing Members of Minority Groups: Problems and Prospects for Improvement in Four Countries

By Julian V Roberts, Gabrielle Watson, Rhys Hester

Members of racial, ethnic, and Indigenous minorities have long accounted for disproportionate percentages of prison admissions in Western nations and of prison populations. The minorities affected vary between countries. Discriminatory or differential treatment by criminal justice officials from policing through to parole is part of the problem. Much media and professional attention focuses on sentencing, where the decision-making is most public. An emerging body of research identifies sentencing as a cause—or, at the very least, an amplifier—of minority over-incarceration. Solutions aiming to reduce it have been implemented, with varying but modest degrees of success, in the United States, England and Wales, Canada, and Aotearoa New Zealand. Progress toward reducing minority over-incarceration has been slow. Most US sentencing commissions have failed to determine the extent to which their guidelines contribute to the problem. The Sentencing Council of England and Wales has taken the limited step of warning judges about racial disparities, without suggesting remedial steps to be taken. Courts in Canada and Aotearoa New Zealand have taken more activist approaches, mitigating sentences when offenders adduce evidence of discrimination or abuse by criminal justice officials.

Crime and Justice, Volume 52. 2023

Hobbling: The Effects of Proactive Policing and Mass Imprisonment on Children's Education

By Benjamin Justice

Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or cause increased lifetime risk for incarceration for Black and Latinx youth. This article flips the script of the school-to-prison pipeline metaphor by reversing the question. What are the effects of criminal justice on public schooling? Reviewing recent social science research from multiple disciplines on policing and incarceration, this article describes the relationship of criminal justice to public education as hobbling, a social process by which the massification of policing and incarceration systematically compromises the ability of target demographics of American children to enjoy their rights to a free and appropriate public education.

Annual Review of Law and Social Science, vol. 17, 2021. pp 31-51

Balancing Risk: Colorado Parole Board's Response to the COVID-10 Pandemic

By Gerald Gaes and Julia Laskorunsky

This study examines the response of the Colorado Board of Parole to the COVID-19 pandemic.

To mitigate the spread of the virus within correctional facilities, it increased the parole grant rate, expedited case review, and utilized special needs and fast-track parole programs for non-routine releases. This response provided an opportunity to evaluate the Board’s decision-making processes and to investigate the role of early release mechanisms in reducing prison populations.

Several factors expedited early release including: pressure from the governor and legislature; board member’s sense of responsibility to safely release as many individuals as possible; and the availability of early release authority. Our findings show that to release more people, the Board slightly changed its release standards, placing less emphasis on risk scores but continuing to heavily emphasize readiness for release. The Board reverted to its previous release patterns a few months into the pandemic, highlighting the difficulty of reducing prison populations through back-end mechanisms.

Special needs and fast-track parole were the mechanisms used to promote early release. Special needs parole releases are typically people who have severe medical problems, long sentences, and serious commitment offenses. Targeting them in Colorado substantially decreased time served. The fast-track releases were mostly low risk people with shorter than average sentences. Targeting them had no effect on reducing time served. This demonstrates that early release mechanisms that target “safe bets” – that is, individuals who would have been released quickly through routine mechanisms are not an effective way to reduce prison populations.

We also discuss the importance of grant rate standards, suggesting that jurisdictions establish empirically based ranges contingent on risk and readiness composition of the release population. Future research should investigate how much parole grant rates can be increased without compromising public safety.

This study was conducted as part of a larger project which examined how state prison systems responded to the COVID-19 pandemic. It was generously supported and funded by Arnold Ventures. While we hope the findings from this study are useful to the parole board and funding partners, the views and opinions expressed in this report do not necessarily reflect the views of Arnold Ventures.

St. Paul, MN: Robina Institute,,,,2023. 29p.

Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs

By Natasa Mavronicola

This open access book theorises and concretises the idea of ‘absolute rights’ in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an ‘absolute right’ in human rights law is and draws out how such a right’s delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right’s ‘fringes’: from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation. Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right’s contours in line with its absolute character. Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.

London: Bloomsbury/Hart, 2022. 221p.

Torture: Moral Absolutes and Ambiguities

Edited by Bev Clucas, Gerry Johnstone, and Tony Ward

Not so long ago, the only respectable question for philosophical, legal, and political scholars to ask about torture was how to ensure its effective legal prohibition. Recently, however, some leading lawyers and legal theorists have challenged those who are absolutely opposed to torture, arguing that, in some circumstances, torture may be morally permissible or even required. This has provoked a range of responses, from outraged dismissal to cautious concessions that the law has to adjust to new realities. This volume contains writings by some of the leading contributors to these debates. Distinctively, it supplements the discussion about the morality of torture - and the morality of discussing torture - with essays which provide important legal, sociological, and historical analyses of this appalling human practice and of the attempts to control it. With an international and interdisciplinary authorship, Torture: Moral Absolutes and Ambiguities will be essential reading for legal and political theorists, philosophers, sociologists, historians, and indeed anybody interested in serious and informed thinking about this most disturbing phenomenon.

Baden-Baden, Germany: Nomos Verlagsgesellschaft mbH & Co. KG, 2009. 215p/

Substantiated Incidents of Sexual Victimization Reported by Adult Correctional Authorities, 2016-2018

By Emily D. Buehler

This report describes substantiated incidents of inmate sexual victimization by another inmate or by staff. It presents data on the incidents of sexual victimization, such as location and time of day. It also provides characteristics of the victims and perpetrators of the victimization. The report details services provided to the victim and consequences for the perpetrator. In part, it fulfills BJS’s mandates under the Prison Rape Elimination Act of 2003 (PREA; P.L. 108–79).

Highlights

  • During 2016–18:

  • Half of both inmate-on-inmate and staff-on-inmate sexual victimization incidents occurred in an area not under video surveillance.

  • There were 2,886 victims of inmate-on-inmate sexual victimization and 2,496 victims of staff-on-inmate sexual victimization in adult correctional facilities.

  • About 25% of victims of inmate-on-inmate nonconsensual sexual acts and 43% of victims of abusive sexual contact were female.

  • The victim was given a medical examination in 61% of inmate-on-inmate nonconsensual sexual act incidents and in 36% of abusive sexual contact incidents

Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. 2023. 36p.