Digital Commons Network^™

A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones

West Virginia Law Review

No abstract provided.

Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim

Andrew Chongseh Kim

Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state resources, …

“We Incarcerate To Set Free:” Negotiating Punishment And Rehabilitation In Jail, Brittnie L. Aiello

Criminology Faculty Publications

Criminology has documented the decline of rehabilitation in the age of get-tough approaches to crime and punishment. Therapy and punishment, however, are not mutually exclusive. Rehabilitation and traditional punishment have long co-existed in penal facilities. In this article, I examine the role of rehabilitation at Northeast Jail, a county jail in the U.S. that adhered to an ideology of rehabilitation. But Northeast Jail was, first and foremost, a penal facility where offenders were confined and punished. While staff and administrators at Northeast Jail routinely invoked a rhetoric of rehabilitation, they adhered to rules and engaged in punitive practices that interfered …

Suicide Within United States Jails: A Qualitative Interpretive Meta-Synthesis, Laura Frank, Regina T. P. Aguirre

The Journal of Sociology & Social Welfare

Suicide was the leading cause of unnatural deaths in local jails, accounting for 29% of all jail deaths between 2000 and 2007. Though much literature exists on suicide in jails, very little is qualitative. Additionally, little attention has been focused on how the Interpersonal Theory of Suicide applies to the jail environment. To gain a better understanding of suicide in jails, an interpretive meta-synthesis of three qualitative articles was conducted. The combined sample included thirty-four individuals from three jails. These three articles were analyzed to identify common themes that led inmates to suicide. Three broad categories were identified through constant …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Learning From Our Mistakes: Practical Solutions For Reducing The Rate Of Incarceration In Louisiana, Kara Larson

Kara Larson

This article examines the causes of the high rate of incarceration in Louisiana and focuses on the societal and economic effects of such a rate. It then analyzes recent steps taken by the Louisiana legislature to address the rate of incarceration. Finally, the article concludes by offering suggestions to reduce the rate further while combating recidivism.

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Juveniles And College: Inside Out As A Way Forward, Anne M. Nurse

All Faculty Articles

In this article the author argues that the Inside Out model is ideally suited to help incarcerated juveniles considering enrolling in college postrelease. The transition to college can be extremely difficult for such youth who may lack the cultural capital needed to succeed in higher education. This is unfortunate as research suggests that college can have a range of positive effects, including reduced criminality and increased earnings. With some adaptations to its curriculum, Inside Out classes can provide students with much of what they need to succeed. Best practices are described at the end of the article. © 2013 SAGE …

Ex-Prisoners' Perceptions Of The Availability And Effects Of Services In Correctional Settings, Jenna Houston

Honors Program Theses and Projects

The U.S. system of retributive justice drives punitive measures, rather than interventions that could reduce recidivism. If prisoners’ needs are not met while serving time within the penal system, their chances of re-offending are greater (Baillargeon, 2010). The purpose of this study was to gather information about correctional programming from male ex-prisoners who have been involved in community re-entry services at Span Inc. in Boston, MA. Furthermore, this study also examined whether or not the programming contributed to positive coping skills during their incarceration as well as to their adaptation upon reentering the community. Data was collected by conducting ten …

Reducing California's Overcrowded Prison Population, Morgan Macdonald

Themis: Research Journal of Justice Studies and Forensic Science

This paper evaluates how “tough on crime” sentencing policies have influenced California's prison population. Several laws which make up the state's strict criminal justice practices were passed over the course of forty years without consideration for their impact on the state's budget and safety. Beginning with the Uniform Determinate Sentencing Act of 1976, the state has created an unsustainable prison system that will dissolve without increased public funding. However, California’s depleted economic condition has forced policymakers to reevaluate the state's criminal justice agenda, while complying with the three- judge court order to reduce its incarcerated population to 137.5 percent of …

The Impact Of A Mental Health Court On Participants: The Professional’S Perspective, Allison A. Husman

Master of Social Work Clinical Research Papers

People with mental illness do not receive the services they need while incarcerated. This leads to a revolving door where mentally ill inmates are released from custody no better off than they were when they went in and they frequently reoffend, putting them back in the criminal justice system. One alternative to the traditional criminal courts is mental health courts, diversion programs that steer offenders away from incarceration. They seek to reduce recidivism by connecting mentally ill offenders with community services and bettering the lives of the participants. This research examined one specific mental health court. Interviews were conducted with …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Reducing Incarceration For Youthful Offenders With A Developmental Approach To Sentencing, Samantha Buckingham

Loyola of Los Angeles Law Review

Current sentencing practices have proven to be an ineffective method of rehabilitating criminal defendants. Such practices are unresponsive to developmental science breakthroughs, fail to promote rehabilitation, and drain society’s limited resources. These deficiencies are most acute when dealing with youthful offenders. Incarcerating youthful offenders, who are amenable to rehabilitative efforts, under current sentencing practices only serves to ensure such individuals will never become productive members of society. Drawing on the author’s experiences as a federal public defender, studies in developmental psychology and neuroscience, and the Supreme Court’s recent line of cases that acknowledge youthful offenders’ biological differences from adult offenders, …

Literacy As An Act Of Creative Resistance: Joining The Work Of Incarcerated Teaching Artists At A Maximum-Security Prison, Anna Plemons

Community Literacy Journal

Considering the situated complexities and competing interest of exploitation and hope inherent in community literacy work, this article examines the ways that the Community Arts Program (CAP) at California State Prison-Sacramento complicates and also reifies archetypal grand literacy narratives and considers the place of such narratives within a broader argument for literacy as acts of creative resistance scaffolded by small, organic, tactical moves.

Research Brief: "Risk Of Incarceration And Other Characteristics Of Iraq And Afghanistan Era Veterans In State And Federal Prisons", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This brief examines data from The Health Care for Reentry Veterans (HCRV) to compare the risk of incarceration of veterans in order to identify socio-demographic and clinical characteristics in incarcerated veterans. OEF/OIF/OND veterans appeared to be at lower risk of incarceration than veterans of other service eras, but those who were incarcerated had higher rates of PTSD and would benefit from policies that fund accessible programing aimed at increasing vocational training and increasing educational opportunities. In future studies, researchers should focus on the implementation of PTSD treatment services for the incarcerated veteran population, including the success rate of various programs …

Seeking Transformative Justice For Women: Views From Canada, Karlene Faith

Journal of International Women's Studies

From the article:

My purpose here is to situate gender as a key factor in a historical movement toward prison abolition. A shift toward restorative or transformative justice, theoretically, is reintegrative in that it benefits the offender, the victim and the community. The first offenders to be diverted from prison to any new program are generally those with the least serious offences and/or those who pose no risk of committing violence; women commonly fall into this category, but, as discussed, very few community alternatives exist for them. The last section addresses some of the key issues facing women in prison, …

The Double-Edged Sword Of Prison Video Visitation: Claiming To Keep Families Together While Furthering The Aims Of The Prison Industrial Complex, Patrice A. Fulcher

Florida A & M University Law Review

Each year, the United States ("U.S.") spends billions to house the country's massive prison population. The need to board over 2.3 million incarcerated human beings has U.S. correctional departments looking for ways to increase revenues and offset costs. According to these correctional agencies, one major expense is prison visitation. In order to reduce spending and alleviate safety concerns, U.S. federal, state, and private correctional facilities have turned to video visitation as an alternative to in-person visits. The use of prison video visitation systems started in 1995. Since then, many private telecommunications companies have professed to have the solution to correctional …

Visiting Room: A Response To Prison Visitation Policies: A Fifty-State Survey, Giovanna Shay

Faculty Scholarship

This Essay responds to Boudin, Stutz & Littman, Prison Visitation Policies: A Fifty State Survey, by placing American visitation policies in a global context. American prison visitation polices are unique among advanced democracies. Other nations, particularly in Western Europe, have far more liberal policies. Prisons in the United Kingdom, Canada, and Finland feature mother/baby units and family visitation centers. In Denmark and Norway, prisoners are granted passes to visit family. These policies encourage visitation. Increased visitation is linked to lower recidivism, so adopting such policies would potentially lower prison populations in the United States. The Essay acknowledges that following …

Investigating The College Adjustment And Transition Experiences Of Formerly Incarcerated Black Male Collegians At Predominantly White Institutions, Terrell L. Strayhorn, Royel M. Johnson, Blossom A. Barrett

Dr. Royel M. Johnson

Much of the present research available on formerly incarcerated Black males (FIBMs) focuses primarily on their criminal experiences and subsequent effects on their personal lives, employment options, and repeat offenses. Despite the overwhelming number of Black men in the U.S. criminal justice system and the country’s goal of increasing the proportion of citizens who earn postsecondary degrees, little is known about the postsecondary adjustment and transition experiences of FIBMs. This exploratory study represents an initial attempt to address a gap in the research by centering on two questions: (a) What challenges do FIBMs face in adjusting and transitioning to college? …

Life And Health Outside Prison, Tiffany Amorette Young

Open Access Theses & Dissertations

This qualitative study explores the subjective understandings of formerly incarcerated individuals' experiences of health and healthcare prior to, during, and post release. The study incorporates in depth ethnographic interviews, participant observation, and life charting to formulate a holistic understanding of how incarceration has impacted the health and lives of the participants recruited for this study. All participants were incarcerated for a minimum of one year in the U.S. prison system. This interdisciplinary study contributes to the fields of sociology, criminology, and public health, and builds on the literature of race, health, and corrections in the United States.

Captive Markets, Leah A. Plunkett

Law Faculty Scholarship

Today, inmates in county jails nationwide are billed for some or all of the costs of their room-and-board behind bars. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly 70% of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions — such as fines and penalties, restitution, taxes, and fees — it in fact usually belongs to a distinct model that this Article calls the “government-imposed-loan.” This Article provides an overview of the landscape of pay-to-stay programs …

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Parenting And Parole: The Effects Of Incarceration On Motherhood, Latoya Ledyard

All ETDs from UAB

The female prison population is the fastest growing prison population in the United States. The rise in female incarceration over the past several years has become a growing concern partly due to the damaging effects on the family; a phenomenon largely attributed to mandatory sentencing guidelines and gender-neutral policies. Research literature on the unique challenges faced by parenting women and the development of reentry programs that foster family reunification has emerged in recent years, but there is still much work to be done. Using in-depth interviews with 14 residents of a transitional center for women in Alabama, I seek to …

Black Male Incarceration And The Preservation Of Debilitating Habits Of Judgment: An Examination Of Mississippi, Teah Monique Hairston

Electronic Theses and Dissertations

Abstract: the purpose of this research is to discover how mass incarceration and other historical methods of racialized social control in the south have preserved and reinforced habits of judgment that adversely affect the social mobility of black males in Mississippi. A historical research method was employed to locate and analyze recurring themes of habitual judgment patterns justifying age-old systems of social control and how those patterns have influenced the current trend of black male incarceration at disproportionate rates. Questionnaires were administered to professional employees from the Mississippi Department of Corrections (MDOC) in attempt to gather useful data about the …

Mass Incarceration At Sentencing, Anne R. Traum

Scholarly Works

Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at sentencing would provide an additional response that can largely be implemented without wholesale reform. Mass incarceration presents a difficult problem for courts because it is a systemic problem that harms people on several scales-individual, family, and community-and the power of courts to address such broad harm is limited. This Article proposes that judges should consider mass incarceration, a systemic problem, in individual criminal cases at sentencing. Sentencing is …

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.