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PUNISHMENT

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

Collateral Convicts: Children of Incarcerated Parents. Recommendations and good practice from the UN Committee on the Rights of the Child Day of General Discussion 2011

By Oliver Robertson

This paper draws together many of the examples of good policy and practice that were made at the UN Committee on the Rights of the Child’s Day of General Discussion (DGD) 2011, on the topic ‘Children of Incarcerated Parents’

The paper will begin with an introduction and some general principles to consider at all times, then look at some issues that occur at various points (data collection, future research and what to tell the children about their parent’s situation) before focusing in detail on each stage of the criminal justice process, from arrest to release and reintegration. Each section will begin with a general principle to help frame the issue, with more specific recommendations and examples of potential good practice made throughout the paper. The recommendations, good practice and issues are not meant to be exhaustive, but to highlight what emerged from the Day of General Discussion.

Geneva, SWIT: Quaker United Nations Office, 2012. 84p.

Children of Prisoners: Interventions and Mitigations to Strengthen Mental Health

Edited by Adele D. Jones and Agnieszka E. Wainaina-Woźna

Estimates are that 125,000 children have a parent in prison in England and Wales. Indeed, on the international stage, over half of all prisoners worldwide are thought to have children under the age of 18 yet the impact of a parent’s incarceration on a child is rarely taken into account. COPING increases understanding of how the imprisonment of a parent really affects children. Working in different countries, with different social and cultural traditions, different incarceration levels and different policies and interventions, our research has produced evidence that can inform policy and programmes to better support and protect children from the effects of parental imprisonment right across Europe.”

Huddersfield, UK: University of Huddersfield, 2013. 670p.

Sharing This Walk: An Ethnography of Prison Life and the Pcc In Brazil

By Karina Biondi and John F. Collins

The Primeiro Comando do Capital (PCC) is a Sao Paulo prison gang that since the 1990s has expanded into the most powerful criminal network in Brazil. Karina Biondi's rich ethnography of the PCC is uniquely informed by her insider-outsider status. Prior to his acquittal, Biondi's husband was incarcerated in a PCC-dominated prison for several years. During the period of Biondi's intense and intimate visits with her husband and her extensive fieldwork in prisons and on the streets of Sao Paulo, the PCC effectively controlled more than 90 percent of Sao Paulo's 147 prison facilities.

Available for the first time in English, Biondi's riveting portrait of the PCC illuminates how the organization operates inside and outside of prison, creatively elaborating on a decentered, non-hierarchical, and far-reaching command system. This system challenges both the police forces against which the PCC has declared war and the methods and analytic concepts traditionally employed by social scientists concerned with crime, incarceration, and policing. Biondi posits that the PCC embodies a "politics of transcendence," a group identity that is braided together with, but also autonomous from, its decentralized parts. Biondi also situates the PCC in relation to redemocratization and rampant socioeconomic inequality in Brazil, as well as to counter-state movements, crime, and punishment in the Americas.

Chapel, NC: University of North Carolina Press, 2016. 194p.

The Striking Outlier: The Persistent, Painful and Problematic Practice of Corporal Punishment in Schools

By Amir Whitaker and Daniel J. Losen

Students of color in this country far too often face barriers to receiving quality public education – from unequal resources in schools, to overly punitive discipline administered more often to children of color. As the nation’s oldest and largest nonpartisan civil rights organization, for more than a century, the NAACP has worked to ensure the political, educational, social, and economic equality of all persons and to eliminate racebased discrimination. Equal access to public education and eliminating the severe racial inequities that continue to plague our education system is at the core of our mission. This new report from the Southern Poverty Law Center and the UCLA Center for Civil Rights Remedies brings new light to the practice of corporal punishment in schools. When an educator strikes a student in school, it can have a devastating impact on the child’s opportunity to learn in a safe, healthy, and welcoming environment. This is dangerous for all students, but corporal punishment is administered disproportionately to students of color in our nation’s public schools

Montgomery, AL: Southern Poverty Rights Center and Los Angeles: The Civil Rights Project/Proyecto Derechos Civiles at UCLA, 2019. 41p.

Beyond Suspensions: Examining School Discipline: Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities

By Katherine Culliton-González, et al.

For this report, the Commission investigated school discipline practices and policies impacting students of color with disabilities and the possible connections to the school-to-prison pipeline, examined rates of exclusionary discipline, researched whether and under what circumstances school discipline policies unfairly and/or unlawfully target students of color with disabilities, and analyzed the federal government’s responses and actions on the topic.

Washington, DC: U.S. Commission on Civil Rights, 2017. 224p.

Equal Time for Equal Crime? Racial Bias in School Discipline

By Ying Shi and Maria Zhu

Well-documented racial disparities in rates of exclusionary discipline may arise from differences in hard-to-observe student behavior or bias, in which treatment for the same behavior varies by student race or ethnicity. We provide evidence for the presence of bias using statewide administrative data that contain rich details on individual disciplinary infractions. Two complementary empirical strategies identify bias in suspension outcomes. The first uses within-incident variation in disciplinary outcomes across White and under-represented minority students. The second employs individual fixed effects to examine how consequences vary for students across incidents based on the race of the other student involved in the incident. Both approaches find that Black students are suspended for longer than Hispanic or White students, while there is no evidence of Hispanic-White disparities. The similarity of findings across approaches and the ability of individual fixed effect models to account for unobserved characteristics common across disciplinary incidents provide support that remaining racial disparities are likely not driven by behavior.

Bonn, Germany: IZA – Institute of Labor Economics, 2021. 38p.

A Global Analysis of Prisoner Releases in Response to COVID-19

By DLA Piper

In March 2020, the COVID-19 pandemic was declared. Overnight, prisons became a key public health concern for governments. Prisons – particularly overcrowded facilities and those with poor sanitation, hygiene and ventilation – are known to act as a source of infection, amplification and spread of infectious diseases. Urgent action was required to limit the transmission of COVID-19 to prisoners, staff and the broader community. Recognizing the challenge and potential serious health risks, governments globally took swift action to decongest their prison systems through releasing prisoners and limiting new admissions. This report analyses the approach to decongesting prison systems adopted by governments in 53 jurisdictions across Asia Pacific, Europe, the Middle East, Africa, North and Central America. The results of those 53 jurisdictional analyses have been summarized into key findings set out in Part 2 of this report and in an infographic at Annexure A.

London: DLA Piper, 2020. 52p.

Coronavirus: Healthcare and human rights of people in prison

By Penal Reform International

As the COVID-19 pandemic affects more people in an ever increasing list of countries, PRI has published a briefing note, Coronavirus: Healthcare and human rights of people in prison. With the fast-evolving situation, there is legitimate concern at a further spread of the virus to places of detention. The difficulties in containing a large outbreak in detention facilities are clear. People in prison and the personnel who work with them are in close proximity and in many cases in overcrowded, cramped conditions with little fresh air. People in detention also have common demographic characteristics with generally poorer health than the rest of the population, often with underlying health conditions. Hygiene standards are often below that found in the community and sometimes security or infrastructural factors reduce opportunities to wash hands or access to hand sanitizer – the key prevention measures recommended by the World Health Organization.

Our briefing outlines the key measures that criminal justice systems, including prisons and courts, have taken to prevent the spread of COVID-19 – and the impact of these in light of the UN Nelson Mandela Rules and other key standards. Action needs to be taken now and immediately, given the risk people in prison are exposed to, including prison staff. Such action should be guided by international standards and the values of: Do no harm, equality, transparency, humanity.

London: Penal Reform International, 2020. 13p

Examining Prison Releases in Response to COVID: Lessons Learned for Reducing the Effects of Mass Incarceration

By Kelly Lyn Mitchell, Julia Laskorunsky, Natalie Bielenberg, Lucy Chin and Madison Wadsworth

In response to the global pandemic in 2020, states and the federal government began to make non-routine releases from prison in order to reduce prison populations to allow for social distancing in prison facilities. This report is aimed at describing where such prison releases occurred, the legal mechanisms used to achieve these releases, and the factors within jurisdictions that made non-routine prison releases more or less likely to occur. We write this report, not to examine the national response to the pandemic, but to better understand when and how extraordinary measures may be used to effect prison release, and to determine whether there are lessons from this experience that can be applied to reducing the effects of mass incarceration. All but three Democratic-led jurisdictions (21 of 24) made COVID-related prison releases while only about half of Republic-led jurisdictions (14 of 27) did so (Table 4). » Nearly all of the jurisdictions (7 of 8) with the largest COVID-related releases—those greater than 10% of the 2019 prison population—were indeterminate in structure.

Minneapolis: Robina Institute of Criminal Law and Criminal Justice, University of Minnesota Law School. 2022. 86p.

Keeping COVID Out of Prisons: Approaches in Ten Countries

By Helen Fair and Jessica Jacobson

When the World Health Organization (WHO) declared COVID-19 a global pandemic on 11 March 2020, there was immediate concern about the potential health impacts on prisoners and prison staff. Concern focused on the close proximity in which prisoners live, particularly in overcrowded systems; the prevalence of underlying health conditions which affect many of those in custody; and the porous nature of prison walls and boundaries, presenting a risk of infection spreading from prisons to local communities. In the wake of the declaration of the pandemic, penal reformers and human rights organizations around the world called for measures to be taken to reduce the numbers of people in prison, particularly in overcrowded systems, and to contain the risks of infection spreading. This report examines the population management and infection control measures (excluding direct health interventions) taken by prison systems in a diverse group of ten countries spanning all five continents: Kenya, South Africa, Brazil, the USA (and more specifically, New York State), India, Thailand, England and Wales, Hungary, the Netherlands, and Australia (more specifically, New South Wales). The report is produced under the banner of ICPR’s international, comparative project, ‘Understanding and reducing the use of imprisonment in ten countries’, launched in 2017.

London: Institute for Crime & Justice Policy Research, 33p.

Prisons and COVID-19: Lessons from an ongoing crisis

By Alexander Söderholm

The disruption caused by COVID-19 has exposed the health inequities faced by marginalised communities globally, particularly those deprived of their liberty in prison settings. As a result of the extreme risks posed by COVID-19 to these individuals, international organisations, civil society organisations (CSOs), and community advocates have called for urgent criminal justice system and prison reforms. Calls have been made to address chronic overcrowding in prisons, the suspension of arrests and incarceration of people for minor or non-violent offences, and the urgent roll-out of life-saving health and harm reduction measures for people who use drugs in custodial facilities and the community. While it is the state’s legal obligation to provide adequate care to people deprived of their liberty, COVID-19 has shed light on how many states have reneged on this responsibility. As aptly expressed by a group of researchers, ‘we cannot forget that prison health is public health by definition’. While many states heeded the call to release people in prison, few have taken substantial steps toward addressing the structural issues exposed by COVID-19 within their criminal justice systems. Meanwhile, others have not fulfilled their promises to carry out measures such as early release programmes to reduce overcrowding in prisons. As such, the briefing paper seeks to shed light on the experiences of people involved with the criminal justice system prior to, during and after incarceration, with a focus on four case study countries: Colombia, Ireland, Indonesia and Kenya.

London: International Drug Policy Consortium, 2021. 25p.

Returning to Work After Prison: Final Results from the Transitional Jobs Reentry Demonstration

By Erin Jacobs Valentine

More than 1.6 million people are incarcerated in prisons in the United States, and around 700,000 are released from prison each year. Those released from prison often face daunting obstacles as they seek to reintegrate into their communities, and rates of recidivism are high. Many experts believe that stable employment is critical to a successful transition from prison to the community.

The Joyce Foundation’s Transitional Jobs Reentry Demonstration (TJRD), also funded by the JEHT Foundation and the U.S. Department of Labor, tested employment programs for former prisoners in Chicago, Detroit, Milwaukee, and St. Paul, using a rigorous random assignment design. MDRC led the evaluation, along with the Urban Institute and the University of Michigan. The project focused on transitional jobs programs that provide temporary subsidized jobs, support services, and job placement help. Transitional jobs are seen as a promising model for former prisoners and for other disadvantaged groups.

In 2007-2008, more than 1,800 men who had recently been released from prison were assigned, at random, to a transitional jobs program or to a program providing basic job search assistance but no subsidized jobs. The research team tracked both groups using state data on employment and recidivism. Because of the random assignment design, one can be confident that significant differences that emerged between the groups are attributable to the services each group received.

This is the final report in the TJRD project. It assesses how the transitional jobs programs affected employment and recidivism during the two years after people entered the study.More than 1.6 million people are incarcerated in prisons in the United States, and around 700,000 are released from prison each year. Those released from prison often face daunting obstacles as they seek to reintegrate into their communities, and rates of recidivism are high. Many experts believe that stable employment is critical to a successful transition from prison to the community.

This is the final report in the TJRD project. It assesses how the transitional jobs programs affected employment and recidivism during the two years after people entered the study.

New York: MDRC, 2012. 78p.

Evaluation of the Re-Integration of Ex-Offenders (RExO) Program: Two-Year Impact Report

By Andrew Wiegand, Jesse Sussell, Erin Jacobs Valentine and Brit Henderson

The Reintegration of Ex-Offenders (RExO) project began in 2005 as a joint initiative of the Department of Labor, Employment and Training Administration (ETA), the Department of Justice (DOJ), and several other federal agencies. RExO aimed to capitalize on the strengths of faith-based and community organizations (FBCOs) and their ability to serve prisoners seeking to reenter their communities following the completion of their sentences. In June 2009, ETA contracted with Social Policy Research Associates (SPR) and its subcontractors MDRC and NORC at the University of Chicago to conduct an impact evaluation of 24 RExO grantees.

The programs funded under RExO primarily provided three main types of services: mentoring, which most often took the form of group mentoring, but also included one-on-one mentoring and other activities; employment services, including work readiness training, job training, job placement, job clubs, transitional employment, and post-placement follow-up; and case management and supportive services.

This report summarizes the impacts of the RExO program on offender outcomes in four areas: service receipt, labor market success, recidivism, and other outcomes. Using a random assignment (RA) design, the evaluation created two essentially equivalent groups: a program group that was eligible to enroll in RExO and a control group that was prevented from enrolling in RExO but could enroll in other services.

Oakland, CA: Social Policy Research Associates, 2015. 163p

A Successful Prisoner Reentry Program Expands: Lessons from the Replication of the Center for Employment Opportunities

By Joseph Broadus, Sara Muller-Ravett, Arielle Sherman and Cindy Redcross

This report presents results from a fidelity assessment and implementation analysis of five Center for Employment Opportunities (CEO) replication programs in New York, California, and Oklahoma. Between 2004 and 2010, MDRC conducted a rigorous random assignment evaluation of the original CEO program as part of the Enhanced Services for the Hard-to-Employ Demonstration and Evaluation funded by the U.S. Department of Health and Human Services. The evaluation found that CEO was effective at reducing recidivism rates — the rates at which participants committed new crimes or were reincarcerated — among important subgroups of its participant population. Based in part on these findings, the CEO program was selected by the Edna McConnell Clark Foundation in 2011 to be part of its Social Innovation Fund and receive funding and technical assistance to expand and replicate the model in various locations across the United States. The findings presented in this report focus on the implementation of CEO’s core elements at the replication sites and provide a description of participants’ experience with the program. One additional goal of this study is to gain a deeper understanding of which aspects of the CEO model may have contributed to the reductions in recidivism found in the initial evaluation of the New York City program.

New York: MDRC, 2016. 114p.

Implementing the Next Generation of Parole Supervision: Findings from the Changing Attitudes and Motivation in Parolees Pilot Study

By Erin Jacobs Valentine, Louisa Treskon and Cindy Redcross

Despite an increasing emphasis on reentry services for individuals leaving prison, recidivism rates remain high, and policymakers are searching for ways to help parolees make more successful transitions from prison. One strategy is to incorporate interventions into the parole supervision process. This paper presents findings from the Changing Attitudes and Motivation in Parolees (CHAMPS) study, which examined the implementation of a pilot of one parole-based intervention, known as the Next Generation of Parole Supervision (NG).

NG is intended to improve parolee outcomes by enhancing parole officers’ knowledge and the strategies they use during their regular supervision meetings with parolees. Building on existing literature about best practices in parole supervision, the NG curriculum focuses on desistance — a process through which individuals who have been involved in crime change their self-perceived identity and cease participating in crime — and helps parole officers to use parolee-centered conversations to identify and reinforce a parolee’s strengths and to identify potential stabilizing and destabilizing influences in the individual’s life..

New York: MDRC, 2018. 45p.

Protection against Racism, Xenophobia and Racial Discrimination, and the EU Anti-racism Action Plan

By Quentin Liger and Mirja Guhteil

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides an analysis of the distinctive features of racism, xenophobia and racial discrimination in the EU and selected EU Member States. It further examines various forms of racism, xenophobia and racial discrimination,their target groups and the impact of the COVID-19 pandemic. The study assesses anti-racism policies and legislation to determine effectiveness of the national and EU legislation and measures envisaged in the EU Anti-racism Action Plan on eradicatation of racism, xenophobia and racial discrimination. The study identifies gaps that need to be filled and provides recommendations on how to create engagement at all levels to achieve meaningful change and equality.

Brussels: European Parliament, 2022. 248p.

The Old Bailey and Newgate -Part 2

By Charles Gordon

“This gate hath of long time been a gaol, or prison, for felons and trespassers, as appareth by records in the reign of King John, and of other kings; amongst the which I find one testifying that, in the year 1218, the third year of King Henry III, the king written to the sheriffs of London, commanding them to repair the old gate of Newgate for the safe keeping of his prisoners,….”

London. Fisher Unwin.1902. 186 pages.

The Old Bailey and Newgate -Part 1

By Charles Gordon

“This gate hath of long time been a gaol, or prison, for felons and trespassers, as appareth by records in the reign of King John, and of other kings; amongst the which I find one testifying that, in the year 1218, the third year of King Henry III, the king written to the sheriffs of London, commanding them to repair the old gate of Newgate for the safe keeping of his prisoners,….”

London. Fisher Unwin.1902. 186 pages.

Reimagining Restitution: New Approaches to Support Youth and Communities

By Lindsey E. Smith, Nadia S. Mozaffar, Jessica Feierman, Lea Parker, Amanda NeMoyer, Naomi E. Goldstein, Jonathan M. Hall Spence, Matthew C. Thompson and Vendarryl L. Jenkins

This report outlines the history of restitution; surveys youth restitution laws in all 56 states and territories; draws on research across fields to outline the harmful impact of restitution on youth, victims, and communities; and proposes key considerations for reimagining restitution.

Philadelphia, PA: Juvenile Law Center, 2022. 48p.

Suicide and Self-harm in Prisons and Jails

By Christine Tartaro and David Lester

Police and corrections personnel must always be mindful of the possibility that those in their custody may attempt suicide or commit an act of self-mutilation. Persons housed in prisons, jails, and police lockups tend to be at a higher risk for such destructive behavior than members of the general population. Reasons for this can be found by examining the mental health, substance abuse, and physical/sexual abuse histories of inmates in addition to deficits in their coping skills and the stress and uncertainty generated by incarceration.

This book explores several topics pertaining to suicide and deliberate self-harm in the corrections setting, including who tends to commit these acts; where, when, and how these incidents occur; screening mechanisms; the role of environmental stimuli in facilitating or preventing acts of self harm; interpersonal relations among inmates and between inmates and staff; and the role of the courts in setting and ruling on suicide prevention policies. The authors discuss the role of prevention techniques that offer a balance between strict opportunity-reduction and softer motivation-reduction strategies. The book also includes suggestions for diversion programs that can keep mentally ill inmates out of prisons and jails and transition planning programs to better prepare outgoing inmates for their re-entry into the community.

Lanham, MD: Lexington Books, 2009. 238p.