By The Death Penalty Information Center

The Death Penalty Information Center’s new report on race and the death penal­ty in Tennessee places the state’s death penal­ty sys­tem in his­tor­i­cal con­text, doc­u­ment­ing how racial dis­crim­i­na­tion and racial vio­lence con­tin­ue to influ­ence the admin­is­tra­tion of the death penal­ty. Doomed to Repeat: The Legacy of Race in Tennessee’s Contemporary Death Penalty, released June 22, 2023, notes that as the Tennessee Department of Correction devel­ops new lethal injec­tion pro­to­cols and pre­pares to resume exe­cu­tions, the state may find it use­ful to under­stand how Tennessee arrived at its cur­rent cap­i­tal pun­ish­ment sys­tem.

The report explains that in the 18th and 19th cen­turies, the use of cap­i­tal pun­ish­ment in Tennessee was large­ly depen­dent on the race of the defen­dant. There were 13 offens­es for which Black peo­ple could receive the death penal­ty, com­pared to just two offens­es that could result in death sen­tences for white cit­i­zens. From the begin­ning, the death penal­ty was applied dif­fer­ent­ly based on race.  The death penal­ty was not the only form of lethal pun­ish­ment that tar­get­ed Black Tennesseans. The report ties Tennessee’s use of cap­i­tal pun­ish­ment to its trou­bled his­to­ry of racial ter­ror. Tennessee was the site of more than 500 lynch­ings, accord­ing to Tennesseans for Historical Justice, and a nation­wide study of death sen­tences between 1989 and 2017 found a sig­nif­i­cant sta­tis­ti­cal rela­tion­ship between a state’s his­to­ry of lynch­ing and the num­ber of death sen­tences giv­en to Black defendants. 

Many of the his­tor­i­cal issues relat­ed to race in the state, includ­ing seg­re­ga­tion and Black vot­er dis­en­fran­chise­ment, are still preva­lent in Tennessee today. For exam­ple, the state has the high­est pro­por­tion of dis­en­fran­chised Black res­i­dents in the United States, with more than 1 in 5 Black peo­ple unable to vote. Concerns regard­ing vot­er dis­en­fran­chise­ment have been height­ened as the state leg­is­la­ture has con­tin­ued to remove pow­er from local­ly elect­ed pros­e­cu­tors to han­dle var­i­ous aspects of cap­i­tal cas­es, and shift­ed the author­i­ty to the state’s Attorney General, who is not elected. 

Washington DC: Death Penalty Information Center, 2023. 69p.

By Juan José Martínez d’Aubuisson

Entering Barrio 18, the powerful Central American street gang, can seem like a violent rebirth. Members get a new family, a community, and a sense of belonging and protection. But this comes at a cost. Through the story of Desafío, a boy who grew up on the streets of Tegucigalpa, Honduras, InSight Crime delves into the internal workings that make Barrio 18 tick, the constant state of paranoia that its members are kept under, and the brutal response to anyone who dares to dream of a different life. “I didn’t want to be here. I was already tired of being in the middle of all this. I wanted to distance myself from the gang and become a Christian, but they said I couldn’t. I had to stay in the gang until I died,” says Desafío while sitting at an old desk in the workshop section of El Pozo, a maximum-security prison in Honduras. He had decided to escape, but escaping from prison is never easy. Especially if one prison is hidden inside another.

Washington, DC: Insight Crime, 2023. 20p.

By Marta Nelson, Samuel Feineh and Maris Mapolski

To understand how the United States became one of the most incarcerated nations in the world, it is critical to understand the role that excessive and harsh sentencing has played. In this report, Vera addresses a main driver of mass incarceration: our sentencing system. Dismantling our system of mass incarceration in favor of a narrowly tailored sentencing response to unlawful behavior can produce more safety, repair harm, and reduce incarceration by close to 80 percent, according to modeling on the federal system. This report summarizes the evidence surrounding sentencing’s impact on safety, offers new guiding principles for sentencing legislation that privilege liberty, outlines seven key sentencing reforms in line with these guiding principles, and suggests a “North Star” for sentencing policy with a presumption toward community-based sentences except in limited circumstances. Severe sentences do not deter crime, retribution often does not help survivors of crime heal, and the U.S. sentencing system overestimates who is a current danger to the community and when incarceration is needed for public safety. Instead, we need a system that privileges liberty while creating real safety and repairing harm.

New York: Vera Institute of Justice, 2023. 81p.

By Access Living of Metropolitan Chicago

  According to statistics gathered from the 2011-2012 National Inmate Survey administered by the U.S. Department of Justice’s Bureau of Justice Statistics, an estimated 40 percent of individuals in jail self-reported having at least one disability. 3 Navigating jail with a disability can be complex, overwhelming, and costly. The impact of jailing a person with a disability also impacts their families and communities. The incarceration of one is essentially the incarceration of many. In the United States, the use of jail to confine people with disabilities is closely aligned with efforts to place disabled people in asylums and institutions, similar to the criminalization of black people resulting in mass incarceration following the abolition of slavery. From the end of slavery to today, laws have been enacted to criminalize and devalue both people of color and disabled individuals. These laws further socially justify these populations’ incarceration and further fuel biases and fear towards these groups. 4 Efforts to reduce jail incarceration nationwide have resulted in a range of innovative strategies, such as reducing the use of cash bail5 and the way that prosecutors make decisions about charges. 6 There is certainly a serious effort to shift how jails engage with people who need mental health supports, notably at Cook County Jail. 7 However, despite the general prevalence of disability in jails, there remain a range of under-addressed opportunities to discuss how to further reduce the jail incarceration of people with disabilities overall. A number of disability advocates have been working for many years to bring what is essentially a cross-disability look to criminal justice and restorative justice work; we need to hear and build on these efforts. Moreover, even as the National Inmate Survey showed high rates of self-reported disability status, it also showed that incarcerated people of color tended to underreport disability status.8 This poses a complex challenge to understanding the disability experience in different demographics who are impacted by police contact and jail incarceration. We feel this dynamic is of great note given current national work on reducing racial disparities in arrest trends and jail populations. This is especially important for Access Living, as the majority of people we serve directly are from black and brown neighborhoods in Chicago.  

Chicago: Access Living, 2019. 71p.

By Ashley Nellis

This report documents the rates of incarceration for white, Black and Latinx Americans in each state, identifies three contributors to racial and ethnic disparities in imprisonment, and provides recommendations for reform.

Washington DC: The Sentencing Project, 2021. 25p.

By  Advancement Project National Office, One Voice and Mississippi Votes.

Our Voices, Our Votes: Felony Disenfranchisement and Re-entry in Mississippi, a new report by One Voice Mississippi, Mississippi Votes, and Advancement Project National Office analyzes how Mississippi silences those with prior felony convictions and creates reentry barriers for returning citizens. Using statistics, national data, and personal stories from directly impacted Mississippians, the report shines a light on what people with felony convictions are up against. The report details how the state’s Jim Crow legacy not only fails to assist returning citizens, but permanently disenfranchise them. With this report, organizers hope to bring change to the Mississippi criminal legal system and restore voting rights for all incarcerated citizens who have served their prison term.

Los Angeles: Advancement Project / One Voice / Mississippi Votes, 2021. 29p.

By Leah wang

Over 1 million people sit in U.S. state prisons on any given day. They are also suffering from physical and mental illnesses, or navigating prison life with disabilities or even pregnancy. We add to the existing research showing that state prisons fall far short of their constitutional duty to meet the essential health needs of people in their custody. As a result, people in state prison are kept in a constant state of illness and despair. This report is divided it sections: Physical health problems: Chronic conditions and infectious disease Access to healthcare: People in state prison disproportionately lacked health insurance Mental health problems: Exceptionally high rates among incarcerated people Disabilities: Disproportionate rates of physical, cognitive, and learning disabilities Pregnancy and reproductive health: Expectant mothers are underserved in prison Conclusions and recommendations: How do we begin to address unmet needs in prisons? About the unique data used in this report This report offers a detailed view of the people in state prisons nationwide, using the most recent self-reported, nationally representative data available, the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates. Though correctional populations are in constant flux, the Survey data released just over a year ago are essential to understanding incarceration today.

Northampton, MA: Prison Policy Initiative, 2022. 29p.

By Leah Wang, Wendy Sawyer, Tiana Herring, and Emily Widra   

We know how many people are in state prisons, but what do we really know about who they are or how they ended up there? Over 1 million people are confined in state prisons nationwide, primarily serving sentences of anywhere from a year to life. But the walls and restrictions that keep these individuals out of public life also keep them out of the public eye: most of what we know about people in prison comes from the prison system itself. But our analysis of a unique, large-scale survey of incarcerated people provides a richer picture of just who is locked up in state prisons. From the survey data, we gain a deeper understanding of how mass incarceration has been used to warehouse people with marginalized identities and those struggling with poverty, substance use disorders, and housing insecurity, among other serious problems. Incarcerated people are a diverse cross-section of society whose disadvantages and unmet needs often begin early in life, and persist throughout their often lifelong involvement with the criminal legal system. This report is divided into sections: Demographics: Race, ethnicity, age, gender identity, and sexual orientation Employment and housing: Incarcerated people were on unstable footing long before prison Arrested early and often: Age at first arrest, youth confinement, and prior incarceration Disadvantage dating back to childhood: Family, housing, poverty, and education in youth Drug use: An extremely common factor leading up to incarceration.

Northampton, MA: Prison Policy Initiative, 2022. 28p.

By Laura M. Maruschak, Jennifer Bronson, and Mariel Alper

This brief presents findings based on data collected in the 2016 Survey of Prison Inmates, a survey conducted through face-to-face interviews with a national sample of state and federal prisoners across a variety of topics, such as their demographic characteristics, socio-economic background, health, and involvement with the criminal justice system. This brief provides demographic information about prisoners who have at least one minor child and the number of minor children reported by parents in prison.

Highlights

• An estimated 684,500 state and federal prisoners were parents of at least one minor child in 2016—nearly half of state prisoners (47%) and more than half of federal prisoners (58%).

• State and federal prisoners reported having an estimated 1,473,700 minor children in 2016.

• Among minor children of parents in state prison, 1% were younger than age 1, about 18% were ages 1 to 4, and 48% were age 10 or older.

• The average age of a minor child among parents in federal prison was 10 years old.

Washington DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics , 2021. 8p.

By Rosemary Ricciardelli https://orcid.org/0000-0002-0905-8968 rricciardell@mun.ca, Micheal Taylor https://orcid.org/0000-0003-4959-2572, […], and Dale C. Spencer

Internationally, parole work is loaded with tensions, particularly when supervising a people convicted of sex crimes (PCSCs) who, due to their criminal history, are stigmatized and occupy the lowest rungs of the status hierarchy in prison and society more broadly. Drawing on analyses of interview data from federal parole officers (n = 150) employed by Correctional Service Canada, we interpret their perceptions and feelings about overseeing re-entry preparations and processes for the PCSCs on their caseloads. We unpack the “tensions” imbued in parole officers’ internal reflections and negotiation of complexities in their efforts toward supporting client’s rehabilitation efforts, desistance from crime while negotiating external factors (e.g., the lack of available programming), and being responsible for supervising PCSCs. We highlight facets of occupational stress parole officers experience, finding PCSCs may be more compliant when under supervision but may also require more of a parole officer’s resources, including time and energy. We put forth recommendations for greater empirical nuance concerning parole officer work and their occupational experiences and beliefs about PCSC, particularly as related to parole officer health.

  International Journal of Offender Therapy and Comparative Criminology , 2023. Published online before publication

By Jordan Robert Riddell  

In March 2020, the Washington, DC, Metropolitan Police Department expanded its police-initiated citation release to allow officers to release subjects arrested for certain non-violent felony offenses (ex: larceny-theft). This decarceration effort was designed to reduce COVID-19 transmission in jails and avoid maintaining custody of people pre-trial, as too many custodial arrests would impair the operations of the Superior Court of DC during the public health emergency. Using crime incident, arrest report, and jail population data from DC for 2013 through 2020, this dissertation investigates the effect of the citation release policy modification (i.e., jail decarceration) and arrests on four types of economic crime: robbery, burglary, theft from motor vehicles, and other theft. Vector autoregression analyses suggest arrests do not deter crime and there was no detectable “decarceration” effect from expanding citation release eligibility during the study period. Findings do not support macro-level deterrence theory or the premise of a decarceration effect that has been identified in studies of prisons.

Dallas: University of Texas at Dallas, 2022. 128p.

 By Jacqueline Beard

The Parole Board. The Parole Board is an executive non-departmental public body, responsible for the parole system. The Parole Board carries out risk assessments on these prisoners to determine whether they can be safely released into the community. It is governed by the Parole Board Rules, secondary legislation that sets out the procedures that must be followed when determining parole cases.

Reforms 2018-19: transparency and reconsideration. In 2018-2019 there were reforms to Parole Board procedures, partly in response to the case of John Warboys (now known as John Radford). Rule 25 of the Parole Board Rules was amended in 2018 to allow summaries of Parole Board decisions to be provided to victims and other interested parties. Previously Rule 25 had prohibited any release of information about parole proceedings.

Root and branch review 2022. In March 2022 the Government published a root and branch review with plans for further reforms, some of which require legislation. The Government has said it will legislate for those changes which require it as soon as possible.

Most comment regarding the root and branch review focused on the proposal for a Minister to review release decisions where the Parole Board directs the release of a person who is serving a sentence for a ‘top tier’ offence. Organisations such as Justice, the Howard League for Penal Reform and the Prison Reform Trust have raised concerns about political interference in legal processes and the possibility of ‘political grandstanding’.....

London: House of Commons Library 2023. 31p.

By Rob Allen  

The aim of this paper is to identify whether the specific developmental needs of young adults are taken into account by courts when making decisions about whether to remand defendants into custody. In particular it looks at: ■ whether there are provisions in the law which require a distinctive approach to young adults at the remand stage of criminal proceedings ■ whether the criminal justice agencies and courts consider the maturity of young adult defendants when making decisions about remanding them ■ the adequacy of alternatives to remand in custody available for young adults, particularly young women, people from BAME backgrounds and defendants with mental health problems ■ the impact of proposals made by the Government, including those in the White Paper ‘A Smarter Approach to Sentencing’, on young adult bail and remand decisions and ■ what measures could be taken to improve the distinctiveness of remand arrangements for young adults  

London: Barrow Cadbury Trust, 2021.40p.

By Rob Allen and Laura Janes

There has been a growing recognition of the distinct needs of young adults in the criminal justice process, largely due to the work of the Transition to Adulthood Alliance. However, the extent to which the criminal justice system meets the needs of young adults aged 18-25 who go through the parole process has received very little attention. The vast majority of young adults considered by the Parole Board (the Board) have not been designated as “dangerous” by a sentencing court and have been recalled to prison for failing to comply with the terms of their licence after their automatic release. A small minority have been designated as “dangerous” at the point of sentence which means the court has formed the view that they are at risk of committing further offences that will cause serious harm. In these cases, the Board is required to consider whether they can be safely released from prison without putting the public at risk of serious harm. Young adults, currently defined by the Board as 18 to 21 year olds, only make up around 2% of the Board’s overall case load. Young adults are much less likely to have been deemed dangerous by the courts compared to the other cases the Board reviews. …  

London: Barrow Cadbury Trust , 2023. 56p.

Kyle J. Bares1, Thomas J. Mowen

Emerging research has shown that the parole officer, much like friends and family, can be an important source of social support for returning persons. While this body of literature is growing, existing research provides little insight into understanding how specific types (e.g., interpersonal and/or professional) of parole officer support matter. Using panel data from the Serious and Violent Offender Reentry Initiative, results of mixed-effects models demonstrate that greater levels of parole officer support are associated with decreased odds of reincarceration. Furthermore, parole officer professional support (e.g., providing correct information) exerts a more robust effect than interpersonal support (e.g., listening and caring). Findings suggest policy makers should consider programming to strengthen the professional relationship between the parole officer and returning person. 

Crime Delinq. 2020 June ; 66(6-7): 1023–1051 

By Shawn Bushway 

Job training programs for people under supervision have been based on an economic framework that identifies individuals involved in crime as a disadvantaged group with poor human capital. The best available research evidence has not found that these programs consistently improve employment outcomes. This article reviews the evidence for the effectiveness of standard job training programs and then examines new developments in the field that use alternative frameworks for understanding the roles of such programs. The first alternative is signaling: how people under community supervision use the completion of job training to signal to employers and others that the behavior that led to their conviction is either anomalous or no longer representative of them. The second alternative is a model of desistance known as identity change: the ways in which job training can help individuals solidify a new, more prosocial identity. I make sense of extant work and new alternatives and provide a set of recommendations for change in the community supervision system.

  ANNALS, AAPSS, 701, May 2022  

By Kelly Lyn Mitchell , Erin Harbinson and  Lily Hanrath

  Executive Summary The study is a collaboration between the University of Minnesota, Robina Institute of Criminal Law and Criminal Justice, and Hennepin County, funded by a grant from the University of Minnesota's Driving Tomorrow Grand Challenges research initiative. The project used a mixed methods approach examining data on healthcare use and healthcare claims by people on probation, interviews with medical providers, a survey of probation officers, and a survey and interviews of people on probation. The Robina Institute led the survey of probation officers, which was aimed at learning about probation officer attitudes and beliefs about the links between probation and health, and how they saw their role with regard to the health of people on probation. This report summarizes the findings of the survey and suggests potential policy interventions that could be implemented to improve the health and probation outcomes of people on probation.  

Minneapolis: University of Minnesota Robina Institute of Criminal Law and Criminal Justice. 2021. 27p.

By Leah Wang and gabriel sayegh

In the United States, the number of people under the surveillance of probation and parole systems is nearly twice the number of those behind bars. Community supervision, which refers mainly to probation and parole, is “too big to succeed.” (Simply defined, probation is a court-ordered “suspended” sentence served in the community, typically with a set period of supervision; parole is a conditional release after incarceration.) This is true throughout the country — and Connecticut is no exception, particularly in terms of its outsize probation system, which jeopardizes the well-being and progress of more than 30,000 people and their families. Chronically underfunded and overly punitive, probation rarely serves as an alternative to incarceration, as it was originally intended. And people released from prison to parole supervision often struggle to rebuild their lives during the reentry process….

Easthampton, MA: Prison Policy initiative, 2023. 20p.

Edited by Rui Abrunhosa Gonçalves 

This book provides international perspectives on corrections, correctional treatment, and penitentiary laws. Although its focus is on African and South American countries, the information provided can be easily expanded to North America and Europe. The chapters present legal frameworks and applied research on prisons and their potential to deter crime and reduce recidivism rates. The book puts the human rights agenda at the forefront and is a useful resource for those who work in corrections, including prison, education, and probation officers.

London: InTechOpen, 2023. 146p.

By Giada Girelli, Marcela Jofré, and Ajeng Larasati : Harm Reduction International

As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.

These setbacks were not completely unexpected, nor unpredictable. After defending its barbaric policy on the death penalty throughout 2021, Singapore issued execution warrants against individuals convicted of drug trafficking in February 2022. These were eventually stayed after legal appeals and pleas from families and civil society, but more execution warrants quickly followed. In Saudi Arabia, civil society had warned of the risk of resumption in drug-related executions since the partial moratorium was announced in 2021. When the Kingdom carried out the worst mass execution in its history in March 2022, the risk became even more apparent. Similarly, Iranian civil society warned of the risk of a spike in executions, absent persistent international pressure.

London: Harm Reduction International, 2023. 54p.