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PUNISHMENT

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

Posts in violence and oppression
Improving the Mental Health of Correctional Workers: Perspectives from the field

By Matthew S. Johnston, Rosemary Ricciardelli and Laura McKendy

Researchers illuminate the mental health plight of correctional workers by demonstrating a high prevalence of mental health disorders among the group. yet, structural barriers persist in preventing correctional staff from accessing treatment and support—barriers that may result in more prolonged and pronounced symptoms. we consider correctional staff perspectives on how mental health policies at the organizational level can foster better well-being outcomes for employees. Data are drawn from open-ended survey responses from provincial and territorial correctional employees (N = 870) in Canada. Responses collectively highlight the need for a correctional staff mental health paradigm that reflects the sources of stress among correctional workers, including access to specialized mental health services that are easily accessible, immediately available, and comprehensive in nature. Additional aspects of the work environment were identified as venues for important change, including improvements in work and schedule structures, improved manager–staff relations, and changes to the physical environment.

CRIMINAL JUSTICE AND BEHAVIOR, 2022, Vol. 49, No. 7, July 2022, 951–970.

Incarceration History and Access to and Receipt of Health Care in the US

By Jingxuan Zhao; Jessica Star; Xuesong Han, et al

IMPORTANCE People with a history of incarceration may experience barriers in access to and receipt of health care in the US. OBJECTIVE To examine the associations of incarceration history and access to and receipt of care and the contribution of modifiable factors (educational attainment and health insurance coverage) to these associations. DESIGN, SETTING, AND PARTICIPANTS Individuals with and without incarceration history were identified from the 2008 to 2018 National Longitudinal Survey of Youth 1979 cohort. Analyses were conducted from October 2022 to December 2023. MAIN MEASURES AND OUTCOMES Access to and receipt of health care were measured as self reported having usual source of care and preventive service use, including physical examination, influenza shot, blood pressure check, blood cholesterol level check, blood glucose level check, dental check, and colorectal, breast, and cervical cancer screenings across multiple panels. To account for the longitudinal study design, we used the inverse probability weighting method with generalized estimating equations to evaluate associations of incarceration history and access to care. Separate multivariable models examining associations between incarceration history and receipt of each preventive service adjusted for sociodemographic factors; sequential models further adjusted for educational attainment and health insurance coverage to examine their contribution to the associations of incarceration history and access to and receipt of health care. RESULTS A total of 7963 adults with 41 614 person-years of observation were included in this study; of these, 586 individuals (5.4%) had been incarcerated, with 2800 person-years of observation (4.9%). Compared with people without incarceration history, people with incarceration history had lower percentages of having a usual source of care or receiving preventive services, including physical examinations (69.6% vs 74.1%), blood pressure test (85.6% vs 91.6%), blood cholesterol level test (59.5% vs 72.2%), blood glucose level test (61.4% vs 69.4%), dental check up (51.1% vs 66.0%), and breast (55.0% vs 68.2%) and colorectal cancer screening (65.6% vs 70.3%). With additional adjustment for educational attainment and health insurance, the associations of incarceration history and access to care were attenuated for most measures and remained statistically significant for measures of having a usual source of care, blood cholesterol level test, and dental check up only. CONCLUSIONS AND RELEVANCE The results of this survey study suggest that incarceration history was associated with worse access to and receipt of health care. Educational attainment and health insurance may contribute to these associations. Efforts to improve access to education and health insurance coverage for people with an incarceration history might mitigate disparities in care.

JAMA Health Forum. 2024;5(2):e235318. doi:10.1001/jamahealthforum.2023.5318

Sex Differences in the Effects of Adverse Childhood Experiences on Institutional Misconduct among Adults in Prison

By Valerie A. Clark and Grant Duwe

Research from the past few decades has highlighted the long- and wide-reaching effects of adverse childhood experiences (ACEs). These experiences can negatively affect mental and physical health, as well as behaviors and interpersonal relationships well into adulthood. While it is generally understood that ACEs are prevalent in correctional populations, no prior studies have measured this issue using a large representative and racially and ethnically diverse sample of both male and female adult correctional populations in the United States. The data used for this study were collected via an assessment administered to more than 2,100 adults in Minnesota’s prison system. Descriptive findings revealed that multiple and varied forms of ACEs were common in the histories of this state’s incarcerated population, particularly among females and incarcerated persons who identified as Black, White/non-Hispanic, and American Indian/Alaskan Native. The multivariate results revealed that past exposure to ACEs increased the likelihood and speed of disciplinary convictions after admission to prison for males, but not for females. Overall, the results underscored the importance of assessing for responsivity factors upon admission to prison, including ACEs.

St. Paul, Minnesota: Minnesota Department of Corrections, 2024. 35p.

Mortality Among Individuals Released from U.S. Prisons: Does Military History Matter?

By Susan McNeeley, Mark Morgan and Matthew W. Logan , et al.

The physiological effects of imprisonment are well-documented and include a heightened risk for various forms of mortality post-release. The incarceration-mortality nexus does not apply equally to all groups, however, and research shows that some demographics (i.e., vulnerable populations) confer a greater likelihood of death. In the current study, we analyze correctional data over a 10-year period (2010-2019; n = 36,716) from Minnesota to assess the extent to which formerly incarcerated military veterans differ from non-veterans in their relative risk of mortality, net of relevant control variables. We also examine whether specific risk factors for post-release mortality differ between these groups. Findings indicate that veteran status is not a significant predictor of all-cause, natural, or unnatural mortality among released offenders, though several notable within-group differences were observed. Policy implications of the current study are discussed in relation to the provision of veteran-centric healthcare services and directions for future research are given.

St. Paul, MN Department of Corrections , 2023. 27p

Contraband and Interdiction Modalities Used in Correctional Facilities

By Bryce E. Peterson, KiDeuk Kim, and Rochisha Shukla

This document provides a technical summary report of the Urban Institute’s research on contraband in jails and prisons in the United States, as well as the interdiction strategies that correctional agencies use to prevent, detect, and removed contraband from their facilities. The study employed a mixed-methods design which consisted of field testing the National Survey of Correctional Contraband (NSCC) in the six state Departments of Correction, and conducting in-depth case studies in 11 prisons and jails, including facility walk-throughs, observations, and semi-structured interviews with correctional facility leadership and staff. Key findings are organized based on four themes: entry points; interdiction strategies; prevalence of contraband; correlates of contraband levels. The summary concludes with a discussion of the implications of key findings for criminal justice policy and practice, as well as recommendations for future research on contraband issues and interdiction strategies.

Washington, DC: Urban Institute, 2024. 37p.

Investigation of Central Mississippi Correctional Facility, South Mississippi Correctional Institution, and Wilkinson County Correctional Facility

By United States Department of Justice, Civil Rights Division and United States Attorney’s Offices, Northern and Southern Districts of Mississippi Civil Divisions

The Department of Justice has reasonable cause to believe that the State of Mississippi and Mississippi Department of Corrections (MDOC) violate the constitutional rights of people incarcerated at Central Mississippi Correctional Facility (Central Mississippi), South Mississippi Correctional Institution (South Mississippi), and Wilkinson County Correctional Facility (Wilkinson).

  • MDOC fails to protect incarcerated persons from violence. MDOC does not adequately supervise incarcerated people, control contraband, and investigate incidents of harm and misconduct. These basic safety failures and the poor living conditions inside the facilities promote violence, including sexual assault. Gangs operate in the void left by staff and use violence to control people and traffic contraband.

  • Restrictive housing practices create a substantial risk of serious harm. MDOC holds hundreds of people at Central Mississippi and Wilkinson in restrictive housing for prolonged periods in appalling conditions. Restrictive housing units are unsanitary, hazardous, and chaotic, with little supervision. They are breeding grounds for suicide, self-inflicted injury, fires, and assaults.

These violations are systemic problems that have been going on for years. In April 2022, we found conditions at another MDOC facility, Mississippi State Penitentiary (Parchman), violated the Constitution. Many of the conditions we identified at Parchman exist at Central Mississippi, South Mississippi, and Wilkinson. Across all these facilities, MDOC does not have enough staff to supervise the population. The mismatch between the size of the incarcerated population and the number of security staff means that gangs dominate much of prison life, and contraband and violence, including sexual violence, proliferate. Prison officials rely on ineffective and overly harsh restrictive housing practices for control. This Report begins by explaining the methodology and scope of our investigation. It then describes the facilities we investigated. Next, the Report identifies the constitutional violations. We grouped the violations into two sections: failure to protect from violence and substantial risk of serious harm from restrictive housing practices. In each section, we highlight particular incidents of violence, gang activity, and misconduct as examples of the type of incidents that give rise to constitutional violations and to show the severity of the harm. We also examine MDOC’s recent steps to address these concerns and why their efforts fall short. We end by outlining the minimum measures needed to remedy the violations.

Washington, DC: U.S. Department of Justice, 2024. 60p.

Democracy Detained: Fulfilling the Promise of the Right to Vote from Jail

By Christina Das and Jackie O’Neil

Across the country, thousands of elected officials wield considerable power over the function and outcomes of the criminal legal system. Each year, in some states and districts, voters elect state attorneys general, district attorneys, sheriffs, state supreme court judges, and trial court judges. These elected officials make choices and take actions that formatively influence the functions of the criminal legal system. For example: district attorneys have considerable discretion when deciding whether to file criminal charges against someone accused of committing a crime, and trial court judges make decisions that significantly impact the outcomes of criminal trials, such as determining what evidence can be shown to a jury. However, millions of Americans who have a vested interest in the fairness of our criminal legal system – those who are detained while awaiting their criminal trial – are denied a meaningful opportunity to vote, despite their right under the law to do so. Most individuals held in city or county jail at any given time have not been convicted of any crime and are awaiting a trial, meaning they retain their legal right to vote, but procedural and logistical barriers make it difficult or impossible for them to do so. Reforms that make it easier to vote from jail, up to and including the establishment of polling locations inside jail facilities, will help eligible incarcerated voters to actualize their right to vote from jail.

New York: NAACP Legal Defense Fund and Educational Fund, Thurgood Marshall Institute, 2023. 15p.

The Thirteenth Amendment’s Punishment Clause: A Spectacle of Slavery Unwilling to Die

By Michele Goodwin

 Nearly sixty years ago, Dr. King penned the illuminating Letter from a Birmingham Jail, marking the persistence of criminal punishment in the lives Black Americans seeking inclusion, equality, and freedom. Symbolically, his confinement both foreshadowed the strange and troubling role incarceration would play in the lives of Black Americans generations to come and illustrated the connective fabric of slavery to his present conditions. The profundity of the letter cannot be ignored, nor the space from which Dr. King wrote it—incarcerated after peacefully protesting to advance civil rights for Black Americans. Decades later, many of the concerns undergirding the impetus for Dr. King’s powerful missive, including voter suppression, persist. Similarly, equality in education remains an unanswered goal and incomplete vision for the civil rights movement. In fact, the modern challenge no longer demands inclusion and desegregation alone—the urgent objectives undergirding  Brown v. Board of Education —but rather sparing Black children from unequal surveillance, punishments, and the “school to prison” pipeline. Yet, equality in voting and education—as crucial as they are—did not comprise nor define the full vision for the civil rights movement or emancipation from enslavement for that matter. The path to substantive civil liberties and civil rights—and freedom in a meaningful sense—included dismantling discrimination in housing, employment, healthcare, food access, and criminal justice forged by lawmakers. 

Boston: Harvard Civil Rights-Civil Liberties Law Review, 2022. 68p.

The challenges of re-entry for men and women under probation supervision

By Zarek Khan

The literature on probation supervision has paid significant attention to prisoner reintegration into society. Many of these studies are based on retrospective samples of ex-prisoners as their primary analytical focus. Research studies on the early transitions from prison to the community have predominantly examined men’s experiences. This article explores the experiences of a small group of men and women serving their sentences in the community while under probation supervision. Drawing on interview extracts, it is argued that probation practices hinder, rather than support, post-release necessities for men and women seeking to reintegrate into society. The article highlights the implications for future research on probation supervision and re-entry.

Probation Journal 2023, Vol. 70(4) 350–366

Reflections from accused: Advice on navigating life on bail

By Carolyn Yule and Rachel Schumann

Accused individuals employ various techniques in response to the challenges posed by living with bail conditions. By asking ‘what advice would you give to an accused individual who must appear in bail court and who will be assigned conditional bail’, this study assesses how individuals navigate release on bail in the community. A thematic analysis of interviews with 108 accused yielded three master themes: ‘abiding by the system’; a ‘broken system’; and ‘working the system’. The findings add to current research by identifying points of similarity, but also difference, in how common discourses used by bail court actors and bail scholars – including responsibilisation, self-governance, and accountability – are responded to by accused. The results reveal how individuals accused of a crime find ways to assume a more advantageous position within a system largely perceived as working against them.

Howard Journal of Crime and Justice, Pages: 516-534 First Published: 26 July 2023

Doing Family: Imprisoned Parents As Collaborators

By Eva Knutz, Thomas Markussen, Linda Kjær Minke

The focal point of this article is the design of a game-based tool for dialogue (‘Dads’ Round’) developed in collaboration with the Danish Prison and Probation Service for a Parenting Program. The tool is unique insofar as it includes stories collected from prisoners’ children about their troubled relationship with their fathers. By Evaluating the tool through interviews with incarcerated fathers, we demonstrate how they work together as peers to assess how such a tool works to help assume parenting roles during incarceration. Through the fathers statements, the stories they share and their collaborative scaffolding, we are able to identify the tool’s potential effect on parenting practices as well as pinpoint strengths and weaknesses of the tool. Our study suggests that new notions of parenting and doing family must be carefully considered in the design of parenting programmes.

Howard Journal of Crime and Justice Volume 62, Issue 4. 2023

A place for public concerns in parole decision making in Japan

By Saori Toda

In recent years, parole decision-makers have grappled with an intensifying challenge in addressing public concerns. While discussions on the rise of ‘parole populism have emerged, especially in Canada, the United States, Australia, and England and Wales, little is known about the way public concerns influence parole release in Japan. This article engages in a legal-systematic analysis of the intricate relationship between public concerns and Japanese parole decision-making in general and release from life imprisonment in particular. The article argues that, while Japanese selective parole decision-making considering public concerns in secrecy may have partially contributed to political rhetoric encouraging parole, it also poses unique challenges distinct from those in Anglophone jurisdictions. It reveals the value of fostering a transparent and accountable parole decision-making system to promote a more balanced and fair approach to parole in the Japanese context.

Howard J. Crim. Justice.2024;63:98–117.

Punished and banished: Non-citizen women’s experiences in a Danish prison

By Dorina Damsa

The Nordics have employed discourses of gender equality and women’s rights and a welfare-oriented approach to punishment as integral parts of inclusive welfare states and their ‘goodness’. Drawing on ethnographic fieldwork with non-citizen women at Vestre Prison in Denmark, this article suggests that the will to punish and banish prevails over the state’s commitment to women's rights and protection. Rather than being an inherent feature of incarceration, the pain experienced by non-citizen women in prison is a ‘political statement’(Bosworth, 2023). Employing precarisation, incarceration, and deportation to govern unwanted non-citizens and (re)produce the borders of membership, the Danish state also reproduces the conditions for gendered harm. Bordered penalty, this article concludes, is gendered.

Howard J. Crim. Justice. 2024;63:43–61

Exploring the influence of job demands and resources on organisational justice views in a sample of correctional staff

By Eric G. Lambert, Monica Solinas-Saunders, Nancy L. Hogan

This study examined the influence of job demands (role ambiguity, role conflict, role overload and dangerousness) and job resources (job variety, supervisor structure and training views) on employee perceptions of procedural justice, general perceptions of distributive justice, and specific perceptions of distributive justice. Using a sample of 160 employees at a high-security prison, the regression analyses found that only demands of role conflict was inversely correlated with procedural justice and both distributive justice measures. Role ambiguity was inversely related to procedural but was not related to either dimension of distributive justice. Furthermore, dangerousness was inversely associated with distributive justice (both general and specific), but it was not correlated with procedural justice. Among the job resources, job variety was positively associated with procedural and both distributive justice measures. Supervisor structure was predictive of procedural but not distributive justice. Role overload, and training views had non-significant relationships with all the justice measures.

The Howard Journal of Crime and Justice Volume 63, Issue 1, 2024

Corrections agencies' use of digital service delivery applications during COVID-19

By Stuart Ross, Mark Wood, Ron Baird and Kajsa Lundberg

The COVID-19 pandemic required corrections agencies to rapidly adapt their service delivery models to minimise person-to-person contact. Digital service delivery played a key role in the process. This shift to remote service delivery highlighted the opportunities and benefits offered by digital service delivery technologies, as well as their risks and drawbacks.

This paper draws on the results of a scoping review of digital developments in corrections. It examines the impact of the shift to digital platforms on the way that activities and services were delivered and on the way that these digital solutions were shaped by a range of technology and resourcing factors. It also explores the impact of the shift to virtual modes of communication and service delivery on service providers and service users.

Trends & issues in crime and criminal justice no. 677. Canberra: Australian Institute of Criminology. 2023. 16p.

Better Justice Report: How Politicians and their Advisers think about Reforms to the Criminal Justice System

By Tom O’Grady and Gemma Buckland

The Better Justice Partnership has set out to transform the penal system. But to state the obvious, it is politicians and their advisers who enact reforms. If we want to influence their choices, we must first understand them. This report is an attempt to see the world of criminal justice reform through their eyes. We explain their worldview from first principles. We show when and where they share the common assumptions of the criminal justice reform sector, and how they differ. We also discuss what they think is politically feasible, and why they sometimes resist changes that reformers see as common sense. Armed with this knowledge, we then outline how the Better Justice Partnership should go about achieving its aims of a more effective and humane penal system in England and Wales. The central message of this report is that if it wants to be more impactful, the criminal justice charity sector needs to become more politically savvy. Policymakers view the sector as politically naïve. They think that campaign groups are too quick to point out problems yet too slow to suggest feasible solutions. Sometimes they feel misunderstood, wishing that reformers would show greater awareness of the constraints under which they operate. In their opinion criminal justice is a uniquely difficult area of government to work in, and the political peril faced by those in the Ministry of Justice is not recognised. This lack of understanding matters. If reformers had a better grasp of the constraints under which politicians act, they could have more influence on them. Our interviewees clearly believe that the penal system in England and Wales is in a deep crisis, with radical reforms needed. When deciding what changes to make, they share many of the end goals of the sector. They all want a much greater focus on rehabilitation. Where they arguably differ is that their core goal is to balance punishment with rehabilitation. Both must go together in their view, and much else that they do flows from this basic assumption. What stops politicians and their advisers from attempting bold reforms? They do not view public opinion as an insurmountable barrier. In fact they think that in the right circumstances, the public could be persuaded to take a less punitive path. So they lack neither knowledge about what should change, nor a belief that the public would stand in its way. But they view reforms as exceptionally hazardous, and say that there can be little political incentive to enact them. The risks are high and the rewards potentially very low. The Better Justice Partnership, therefore, could focus its efforts not so much on educating politicians and the public on what needs to change, but rather on persuading politicians that it is worth their while – and not too risky – to make those changes in the first place. That they feel afraid of trying to make changes is crucial in understanding why some changes that seem obvious to penal reformers are viewed as anathema by politicians. Disagreements are as much about what can be done as what should be done. We identified several key barriers to reform. Fear of the media response is uppermost in politicians’ minds. They also perceive a lack of interest in justice from colleagues, and the unique career risks run by anyone entering the Ministry of Justice, as crucial. In their view the Treasury stands in the way of change too, perhaps more so than in any area of government. Above all, any strategy that Better Justice creates will need to give politicians a clear incentive to tread what they perceive as being an exceptionally hazardous path. Our participants made many suggestions for change, which we outline in detail at the end of this report. These included ways to frame reforms (for instance, as saving money) that would make them more politically palatable. They argued for gradual policy changes that slowly build confidence with the media and the public; slower change in the near term may achieve much faster changes in the long run. More progressive reforms could also be wrapped up in other changes, such as better police funding or support for victims, that make the public feel safer and show that politicians have their interests at heart. And their dual focus on punishment and rehabilitation means that they view smart tagging and visible community payback schemes as obvious, and politically viable, reform strategies.

London: NACRO, 2024. 40p.

The Better Futures Project Briefing 2: Mental Health in Prison

By NACRO (UK)

This briefing examines: the level and range of mental health problems in prison and how people in prison who have mental health problems are identified; the impact that the prison environment can have on people’s mental health; the support currently available in prison and the impact all this can have on people’s ability to turn their lives around on release. We propose solutions which aim to ensure that everyone has access to the right support whilst they are in prison and on release. Improving the mental health of people in contact with the criminal justice system is an essential step to reducing reoffending and ensuring people can rebuild their lives in the community when they are released. In addition to providing the right treatment and support, we must ensure that prisons are not the cause of mental health problems, nor should they contribute to a deterioration in someone’s mental health, either because of a poor prison environment or a lack of treatment and support when it’s needed. The quotes used throughout this briefing come from people with lived experience of the justice system that have been supported by Nacro. Summary of our main recommendations We set out recommendations at the end of this report which we believe will help people in the justice system get the support they need for good mental health. These are grouped as follows: The beginning of the criminal justice journey: Our recommendations focus on keeping people out of prison where they would be better supported and rehabilitated in the community. During a prison sentence: These recommendations concentrate on improved screening and training to identify mental health needs; improved support provision and improved relationships with staff; improving the prison regime to ensure purposeful activity and time out of cell and improve safety; and embedding a more trauma-informed approach. Transfer and transition into the community: Here we focus on the need to improve timely transfers to secure mental health facilities, and embed and evaluate the RECONNECT care after custody service.

London: NACRO, 2024. 28p.

Degrees of difference: Do college credentials earned behind bars improve labor market outcomes?

By Abby Ballou

It is widely held that providing postsecondary education programs to incarcerated individuals will improve postrelease labor market outcomes. Little research evidence exists, however, to support this view. To test the effect of postsecondary carceral education credentials on employer perceptions of hireability, the current study uses a factorial design to survey a sample of employers nationwide (N = 2,538). Employers were presented with résumés of fictional applicants applying to a job as a customer service representative at a large call center. The résumés randomized education credentials earned while incarcerated. Results indicate that employers were significantly more willing to interview applicants with postsecondary education credentials relative to applicants with only a General Educational Development (GED) diploma. Although Black applicants who had earned a sub-baccalaureate certificate saw improvements in hireability relative to GED holders, Black applicants who had earned a bachelor's degree did not. In contrast, White applicants benefited both from sub-baccalaureate certificates and bachelor's degrees. Results from a mediation analysis suggest that these credentials signal important information to employers about applicant attributes and that improved perceptions of applicant ability and likelihood to reoffend drive the overall effect. Implications for future research and policy are explored.

First published: 04 March 2024 https://doi.org/10.1111/1745-9125.12364

WORLD WIDE TORTURE

MAY CONTAIN MARKUP

ROBERT B. EDGERTON

World Wide Torture is a thought-provoking exploration of the dark and harrowing reality of torture practices across the globe. This groundbreaking documentary delves into the sinister depths of human cruelty, shedding light on the experiences of victims and the perpetrators behind these heinous acts. Through powerful storytelling and impactful visuals, World Wide Torture challenges viewers to confront the uncomfortable truths about torture and its widespread presence in today's world. This compelling film offers a sobering reminder of the urgent need to address this grave violation of human rights.

LEWISTON. EDWIN MELLEN PRESS. 2007. 125p.

TORTURE AND DIGNITY: An essay on moral injury

MAY CONTAIN MARKUP

J. M. Bernstein

In "TORTURE AND DIGNITY: An Essay on Moral Injury," the author delves into the complex and often harrowing intersection of torture and human dignity. Through a thought-provoking exploration, the essay navigates the profound effects of torture on individuals and societies, shedding light on the enduring moral injuries inflicted in the process. By examining the fundamental questions of ethics, humanity, and resilience in the face of extreme adversity, this essay offers a poignant reflection on the fragile yet resilient nature of human dignity in the most challenging of circumstances.

Chicago. University of Chicago Press. 2015. 382p.