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PUNISHMENT

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

Warehoused and Forgotten: Immigrants Trapped in Our Shadow Private Prison System

By The American Civil Liberties Union

Today, the United States has just 5% of the world’s population but nearly 25% of the world’s prisoners. But it has not always been this way. Thanks to the “War on Drugs,” irrationally harsh sentencing regimes, and a refusal to consider evidence-based alternatives, the U.S. prison population grew by more than 700% between 1970 and 2009—far outpacing both population growth and crime rates.1 In the past decade, the growing criminalization of immigration has further contributed to this mass incarceration crisis. According to the nonpartisan Migration Policy Institute, U.S. Customs and Border Protection (CBP) now refers more cases for federal criminal prosecution than the FBI.2 Nationwide, more than half of all federal criminal prosecutions initiated in fiscal year 2013 were for unlawfully crossing the border into the United States—an act that has traditionally been treated as a civil offense resulting in deportation, rather than as a criminal act resulting in incarceration in a federal prison.3 This is dramatically changing who enters the federal prison system.4 The tipping point came in 2009, when more people entered federal prison for immigration offenses than for violent, weapons, and property offenses combined—and the number has continued to rise each year since.5 The criminalization of immigration also enriches the private prison industry. Once prosecuted, noncitizen federal prisoners are mostly segregated into thirteen “Criminal Alien Requirement” (CAR) prisons. The CAR prisons are unusual in three respects: they are some of the only

New York: ACLU,, 2014. 104p.

Shadow Prisons: Immigrant Detention in the South

By Southern Poverty Law Center, National Immigration Project Of The National Lawyers Guild. And Adelante Alabama Worker Center

The findings of this study demonstrate that the immigrant detention system is already rife with civil rights violations and poor conditions that call into question the DHS's commitment to the due process rights and safety of detainees. Many of these detainees have lived here for years; others recently fled violence in their home countries to seek refuge in the United States.This report is the result of a seven-month investigation of six detention centers in the South, a region where tens of thousands of people are locked up for months, sometimes even years, as they await hearings or deportation.operated by private companies and three by county sheriffs. All are paid by the DHS on a per diem basis. The report is based on tours of each facility and more than 300 in-person interviews with detainees. They represent more than 5 percent of the average daily population of the detention centers studied. From facility to facility, their stories are remarkably similar accounts of abuse, neglect and rights denied – symptoms of an immigrant detention system where the failures of the nation's immigration system intersect with the failures of its prison system

Southern Poverty Law Center National Immigration Project Of The National Lawyers Guild Adelante Alabama Worker Center. 116P.

Debtors' Prisons for Kids? The High Cost of Fines and Fees in the Juvenile Justice System

By Jessica Feierman with Naomi Goldstein, Emily Haney-Caron, Jaymes Fairfax Columbo

This report documents how and when youth and families face fines, fees and restitution and the economic and legal consequences for failure to pay. The report identifies promising practices, as well as legislative remedies that could be replicated across the country and highlights jurisdictions which have recently stopped imposing court costs, fees, and fines in the juvenile system. These findings and recommendations are based on a review of state laws as well as a national survey of lawyers, adults with previous juvenile justice involvement, and families in 41 states.

Philadelphia: Juvenile Law Center, 2016. 40p.

Transforming Closed Youth Prisons: Repurposing Facilities to Meet Community Needs

By Hanna Love, Samantha Harvell, Chloe Warnberg and Julia Durnan

This brief examines how former youth prisons can be repurposed into new, sustainable assets for neighborhood revitalization, job creation, and social services. Drawing from qualitative interviews with stakeholders involved in youth prison repurposing efforts across the country, it highlights innovative examples of repurposing in six communities and provides an overview of lessons learned and key considerations for transforming former youth prisons. Findings indicate that although youth prison repurposing is not without its challenges, it offers a unique opportunity to leverage unused state land to inspire lasting investments within communities and produce tangible benefits for residents both socially and economically.

Washington, DC: The Urban Institute, 2018. 24p.

Juveniles in Adult Prisons and Jails: A National Assessment

By James Austin, Kelly Dedel Johnson and Maria Gregoriou

In 1997, the Bureau of Justice Assistance funded a nationwide study of juveniles in adult correctional facilities to help policymakers and criminal justice practitioners form an effective response to this critical issue. Juveniles in Adult Prisons and Jails: A National Assessment is the product of that study. This report begins to answer important questions about this vulnerable population: What is the extent of juvenile confinement in federal, state, and local facilities? What types of facilities are used to house juvenile offenders? What happens to juveniles in the adult system? Are juveniles in adult facilities educated, treated for substance abuse, and taught skills that will help them find a job after their incarceration? Are prisons and jails protecting young offenders from physical, sexual, and psychological abuse? What are the alternative strategies for housing offenders sentenced to long terms in adult facilities?

Washington, DC: U.S. Department of Justice Office of Justice Programs, Bureau of Justice Assistance, 2000. 135p.

Medication-Assisted Treatment (MAT) for Opioid Use Disorder in Jails and Prisons: A Planning and Implementation Toolkit

By National Council for Behavioral Health and Vital Strategies

This toolkit provides correctional administrators and health care providers recommendations and tools for implementing medication-assisted treatment (MAT) in correctional settings. It provides examples from the field that can be widely applied and adapted for programs that serve justice-involved individuals. It was developed by the National Council for Behavioral Health, Vital Strategies, and faculty from Johns Hopkins University, with support from CDC and Bloomberg Philanthropies.

2020. 312p.

Providing Healthcare in the Prison Environment. What services belong behind bars and what services belong in the community setting?

By David Redemske

While there are numerous built environmental models for prisoner health care, little has been done to assess the models to see if a particular location for care better serves the inmate population’s health needs over other locations. “Mass incarceration” has been used to describe the recent dramatic expansion of the criminal justice system in the United States. Underserved communities with minimal access to healthcare services disproportionately bear the burden of mass incarceration. This huge influx into the prison population of those who have received little or no medical care throughout the course of their lives, along with a court ruling mandating a constitutional level of care for prisoners, has resulted in a greater demand for healthcare services for this population. The purpose of this literature review is to shed light on the challenging healthcare process, the best environments for prison inmates to receive care, and to generate recommendations for the future.

Omaha, NE: HDR, 2018. 198p.

Medical Problems of State and Federal Prisoners and Jail Inmates, 2011–12

By Laura M. Maruschak and Marcus Berzofsky

In 2011–12, half of state and federal prisoners and local jail inmates reported ever having a chronic condition (figure 1). Chronic conditions include cancer, high blood pressure, stroke-related problems, diabetes, heart-related problems, kidney-related problems, arthritis, asthma, and cirrhosis of the liver. Twenty-one percent of prisoners and 14% of jail inmates reported ever having an infectious disease, including tuberculosis, hepatitis B and C, and other sexually transmitted diseases (STDs). About 1% of prisoners and jail inmates who had been tested for HIV reported being HIV positive.

Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics 2016. 23p.

Health in Prisons: A WHO guide to the essentials in prison health

Edited by Lars Møller, Heino Stöver, Ralf Jürgens, Alex Gatherer and Haik Nikogosian

Based on the experience of many countries in Europe and the advice of experts, this guide outlines some of the steps prison systems should take to reduce the public health risks from compulsory detention in often unhealthy situations, to care for prisoners in need and to promote the health of prisoners and staff. This especially requires that everyone working in prisons understand well how imprisonment affects health and the health needs of prisoners and that evidence-based prison health services can be provided for everyone needing treatment, care and prevention in prison. Other essential elements are being aware of and accepting internationally recommended standards for prison health; providing professional care with the same adherence to professional ethics as in other health services; and, while seeing individual needs as the central feature of the care provided, promoting a whole-prison approach to the care and promoting the health and well-being of those in custody.

Copenhagen: WHO Regional Office for Europe, 2007. 198p.

Recidivism and Federal Bureau of Prisons Programs: Drug Program Participants Released in 2010

By Kristin M. Tennyson, Ross Thomas, Tessa Guiton and Alyssa Purdy

This report is the fifth in a series continuing the Commission’s study of the recidivism of federal offenders released in 2010. In this report, the Commission provides an analysis of data on the recidivism of federal offenders who participated in Federal Bureau of Prisons (BOP) drug abuse treatment while incarcerated. The study examines whether completion of drug programs offered by the BOP impacted recidivism among a cohort of federal offenders who were released from prison in calendar year 2010. The report combines data regularly collected by the Commission, Federal Bureau of Investigation (FBI) criminal history records, and data on program completion and participation provided by the BOP.

Washington, DC; United States Sentencing Commission, 2022. 76p.

Recidivism and Federal Bureau of Prisons Programs: Vocational Program Participants Released in 2010

By Kristin M. Tennyson, Ross Thomas, Alyssa Purdy and Tessa Guiton,

This report is the sixth in a series continuing the Commission’s study of the recidivism of federal offenders released in 2010. In this report, the Commission provides an analysis of data on the recidivism of federal offenders who participated in Federal Bureau of Prisons (BOP) vocational programs while incarcerated. The study examines whether completion of vocational programs offered by the BOP impacted recidivism among a cohort of federal offenders who were released from prison in calendar year 2010. The report combines data regularly collected by the Commission, Federal Bureau of Investigation (FBI) criminal history records, and data on program completion and participation provided by the BOP.

Washington, DC: United States Sentencing Commission, 2022. 80p.

Recidivism Among Federal Offenders: An Overview

By Kim Steven Hunt and Robert Dumville

This report provides a broad overview of key findings from the United States Sentencing Commission’s study of recidivism of federal offenders. The Commission studied offenders who were either released from federal prison after serving a sentence of imprisonment or placed on a term of probation in 2005. Nearly half (49.3%) of such offenders were rearrested within eight years for either a new crime or for some other violation of the condition of their probation or release conditions. This report discusses the Commission’s recidivism research project and provides many additional findings from that project. In the future, the Commission will release additional publications discussing specific topics concerning recidivism of federal offenders.

Washington, DC; The United States Sentencing Commission, 2016. 61p.

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.