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PUNISHMENT

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

Handbook on Children with Incarcerated Parents: Research, Policy, and Practice. 2nd ed.

Edited by J. Mark Eddy and Julie Poehlmann-Tynan

The second edition of this handbook examines family life, health, and educational issues that often arise for the millions of children in the United States whose parents are in prison or jail. It details how these youth are more likely to exhibit behavior problems such as aggression, substance abuse, learning difficulties, mental health concerns, and physical health issues. It also examines resilience and how children and families thrive even in the face of multiple challenges related to parental incarceration. Chapters integrate diverse; interdisciplinary; and rapidly expanding literature and synthesizes rigorous scholarship to address the needs of children from multiple perspectives, including child welfare; education; health care; mental health; law enforcement; corrections; and law. The handbook concludes with a chapter that explores new directions in research, policy, and practice to improve the life chances of children with incarcerated parents.

Cham: Springer, 2019. 386p.

Parental Incarceration: Personal Accounts and Developmental Impact

By Denise Johnston and Megan Sullivan

Parental Incarceration makes available personal stories by adults who have had the childhood experience of parental incarceration. These stories help readers better understand the complex circumstances that influence these children’s health and development, as well as their high risk for intergenerational crime and incarceration. Denise Johnston examines her own children’s experience of her incarceration within the context of what the research and her 30 years of practice with prisoners and their children has taught her, arguing that it is imperative to attempt to understand parental incarceration within a developmental framework. Megan Sullivan, a scholar in the Humanities, examines the effects of her father’s incarceration on her family, and underscores the importance of the reentry process for families.

The impact of the experience of parental incarceration has garnered attention by researchers, but to date attention has been focused on the period when parents are actually in jail or prison. This work goes beyond that to examine the developmental impact of children’s experiences that extend long beyond that timeframe. A valuable resource for students in corrections, human services, social work, counseling, and related courses, as well as practitioners, program/agency administrators, policymakers, advocates, and others involved with families of the incarcerated, this book is testimony that the consequences of mass incarceration reach far beyond just the offender.

New York: Routledge, 2016. 219p.

Parental Incarceration and the Family: Psychological and Social Effects of Imprisonment on Children, Parents, and Caregivers

By Joyce A. Arditti

Parental Incarceration and the Family brings a family perspective to our understanding of what it means to have so many of our nation’s parents in prison. Drawing from the field’s most recent research and the author’s own fieldwork, Joyce Arditti offers an in-depth look at how incarceration affects entire families: offender parents, children, and care-givers. Through the use of exemplars, anecdotes, and reflections, Joyce Arditti puts a human face on the mass of humanity behind bars, as well as those family members who are affected by a parent’s imprisonment. In focusing on offenders as parents, a radically different social policy agenda emerges—one that calls for real reform and that responds to the collective vulnerabilities of the incarcerated and their kin.

New York: New York University Press, 2012. 258p.

Families Left Behind: The Hidden Costs of Incarceration and Reentry

By Jeremy Travis; Elizabeth M. Cincotta and Amy L. Solomon

With incarceration rates in America at record high levels, the criminal justice system now touches the lives of millions of children each year. The imprisonment of nearly three-quarters of a million parents disrupts parent-child relationships, alters the networks of familial support, and places new burdens on governmental services such as schools, foster care, adoption agencies, and youth-serving organizations. Few studies have explored the impact of parental incarceration on young children or identified the needs that arise from such circumstances. Little attention has focused on how communities, social service agencies, health care providers, and the criminal justice system can work collaboratively to better meet the needs of the families left behind. This policy brief is intended to help focus attention on these hidden costs of our criminal justice policies.

Washington, DC: Urban Institute, 2005. 12p.

Children Need Dads Too: Children with Fathers in Prison

By Jennifer Rosenberg

Maternal imprisonment has particular aspects and creates special challenges for families, policy makers and prison authorities alike, including the question of babies and young children being in prison with their mothers. However, any parental imprisonment impacts on the children. Some of these impacts may be the same, or similar, irrespective of whether the imprisoned parent is the mother or the father. Others may be completely different. Since QUNO’s previous research and publications have focussed primarily on the effect of maternal imprisonment, this paper, drawing on secondary sources, seeks to build on and complement these by identifying the similarities and differences in relation to the effect of paternal imprisonment on children.

Geneva, SWIT: Quaker United Nations Office, 2009. 50p.

Women in Prison and Children of Imprisoned Mothers: Recent Developments in the United Nations Human Rights System

By Laurel Townhead

Women are a small minority of the prison population, but a minority that is growing at a disproportionate rate, their needs, and indeed their rights, are frequently not fulfilled by prison regimes that are designed predominantly for male prisoners. Imprisonment impacts on women differently than on men. The following are some of the key areas of concern: a) Problems with accommodation b) Inappropriate staffing c) Lack of family contact d) Lack of education and work programmes e) Lack of proper healthcare f) High proportion of women prisoners with a history of mental, physical or sexual abuse g) The adverse impact of imprisonment of mothers on their children h) Disproportionate representation of indigenous women and foreign women1 It is clear from the brief list above that the needs of women prisoners are often overlooked by penal institutions, by governmental policy makers, and by the international community and that consideration needs to be given to every aspect of women’s prison regimes as well as to the reasons for the increasing female prison population to ensure that their rights, as defined in international law, are met.

Geneva, SWIT: Quaker United Nations Office, 2006. 21p.

Women in Prison and Children of Imprisoned Mothers: Preliminary Research Paper

By Rachel Taylor

The long-standing Quaker involvement in criminal justice and human rights issues at the national, regional and international levels has led to increasing concern about the under-considered and growing problem of women in prison and the situation of babies and children of imprisoned mothers. In particular, there is a need to give attention to the situation of women and girls (female juveniles under 18 years of age) in pre-trial detention and imprisonment following trial, including in probation hostels or similar facilities in which they are required to reside whether instead of prison or in the transition back to the community, and the babies and children of imprisoned women, both those in prison with their mothers and those outside the institution. The purpose of doing this is to identify the key issues which arise for such women and girls, and their children, and to gather information and ideas on ways in which these issues have, or could be, addressed better.

Geneva, SWIT: Quaker United Nations Office, 2004. 99p.

Orphans of Justice: In search of the best interests of the child when a parent is imprisoned: A Legal Analysis

By Jean Tomkin

The legal rights of children under international law have been developing since 1919, with both regional and global treaties safeguarding their interests. Yet many of these rights, enshrined in the Convention on the Rights of the Child and other texts, are put at risk when a parent is imprisoned…. At the core of decisions relating to children, including children affected by the actual or potential imprisonment of a parent, is a determination of their best interests. This principle, which requires that the best interests of the child is a primary consideration, has been interpreted widely by States. This paper sets out to analyse the approach of courts in a variety of jurisdictions.

Geneva, SWIT: Quaker United Nations Office, 2009. 58p.

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.