Digital Commons Network^™

Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol

Neil L Sobol

Incarceration is a family problem—more than 2.7 million children in the United States have a parent in jail or prison. It adversely impacts family relationships, financial stability, and the mental health and well-being of family members. Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates. However, systemic barriers significantly impact the ability of inmates and their families to communicate. Both traditional and newly developed technological communication tools have inherent advantages and disadvantages. In addition, private contracting of communication services too often …

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Teresa A. Miller

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Don Stemen

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

Changing Fortunes Or Changing Attitudes: Sentencing And Corrections Reforms In 2003, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

Retributive Justifications For Jail Diversion Of Individuals With Mental Disorder, E. Lea Johnston

E. Lea Johnston

Jail diversion programs have proliferated across the United States as a means to decrease the incarceration of individuals with mental illnesses. These programs include pre-adjudication initiatives, such as Crisis Intervention Teams, as well as post-adjudication programs, such as mental health courts and specialized probationary services. Post-adjudication programs often operate at the point of sentencing, so their comportment with criminal justice norms is crucial. This article investigates whether and under what circumstances post-adjudication diversion for offenders with serious mental illnesses may cohere with principles of retributive justice. Key tenets of retributive theory are that punishments must not be inhumane and that …

National Criminal Justice Caucus Presentation 09-22-2017_11-11-33-184.Zip, Jennifer Levy-Tatum

Jennifer W. Levy-Tatum

"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy

Deseriee A. Kennedy

As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …

Inequality In A "Postracial" Era: Race, Immigration, And Criminalization Of Low Wage Labor, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

Over the past four decades, increasingly punitive and enforcement-oriented U.S. immigration policies have been legitimized by a rhetoric of criminality that stigmatizes Latino immigrant workers and intensifies their exploitation. Simultaneously, there has been a sevenfold increase in the prison population in the United States, in which African Americans are eight times more likely to be jailed than Whites (Western 2006, p. 3). In this paper, I draw on scholarship in history and sociology, as well as my own anthropological research, to develop the argument that criminal justice policies and immigration policies together disempower low-wage U.S. labor and maintain categorical racial …

How Much Punishment Is Enough?: Embracing Uncertainty In Modern Sentencing Reform, Jalila Jefferson-Bullock

Jalila Jefferson-Bullock

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

Michelle S Jacobs

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson …

The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish

Mark L Noferi

In early 2013, U.S. Immigration and Customs Enforcement (“ICE”) deployed nationwide a new automated risk assessment tool to help determine whether to detain or release noncitizens pending their deportation proceedings. Adapted from similar evidence-based criminal justice reforms that have reduced pretrial detention, ICE’s initiative now represents the largest pre-hearing risk assessment experiment in U.S. history—potentially impacting over 400,000 individuals per year. However, to date little information has been released regarding the risk assessment algorithm, processes, and outcomes.

This article provides the first comprehensive examination of ICE’s risk assessment initiative, based on public access to ICE methodology and outcomes as a …

Fatherhood, Community Reintegration, And Successful Outcomes, Christy A. Visher, Nicholas W. Bakken, Whitney Decamp

Whitney DeCamp

Inequality In A "Postracial" Era: Race, Immigration, And Criminalization Of Low Wage Labor, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

Over the past four decades, increasingly punitive and enforcement-oriented U.S. immigration policies have been legitimized by a rhetoric of criminality that stigmatizes Latino immigrant workers and intensifies their exploitation. Simultaneously, there has been a sevenfold increase in the prison population in the United States, in which African Americans are eight times more likely to be jailed than Whites (Western 2006, p. 3). In this paper, I draw on scholarship in history and sociology, as well as my own anthropological research, to develop the argument that criminal justice policies and immigration policies together disempower low-wage U.S. labor and maintain categorical racial …

Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle

Susan D. Carle

Social Policy, Imperiled Communities, And Hiv/Aids Transmission In Prisons: A Call For Zero Tolerance, Louis F. Graham, Henrie Treadwell, Kisha Braithwaite

Louis F Graham

HIV/AIDS and African-American male imprisonment contribute to the destruction of African-American communities. African-American men and HIV/AIDS are disproportionately represented throughout all sectors of the criminal justice industry, including the juvenile justice system. The criminal justice system contributes to unacceptably high African-American male imprisonment rates and HIV prevalence directly via the ‘war on drugs’ and lax enforcement of institutional policy among other things, and indirectly through perpetuation of economic hardship which further exacerbates imprisonment rates, thus closing the loop of a vicious cycle of revolving prison doors and HIV contraction. This article briefly introduces surrounding socio-political issues that contextualizes the ensuing …