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Incarceration

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Full-Text Articles in Law

Judicious Imprisonment, Gregory Jay Hall Sep 2018

Judicious Imprisonment, Gregory Jay Hall

Faculty Scholarship at Penn Law

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and ...


Advancing The Science And Practice Of Health Care For Justice-Involved Individuals, Dyana Nickl Jun 2018

Advancing The Science And Practice Of Health Care For Justice-Involved Individuals, Dyana Nickl

Commonwealth Medicine Publications

Our nation’s correctional population is about 6.6 million including those individuals supervised by probation and/or parole agencies, according to the latest figures from the U.S. Bureau of Justice Statistics. Over two million of those are incarcerated and in the custody of a state or federal prison or local jail. It has been reported time and time again that inmates have greater health needs than those living in the community, including higher rates of Hepatitis C, HIV/AIDS, mental health issues and substance use disorder. There is still much we can improve upon in the way we ...


Women’S Health Must Be A Criminal Justice Concern, Robert Delanders May 2018

Women’S Health Must Be A Criminal Justice Concern, Robert Delanders

Commonwealth Medicine Publications

One of the most compelling arguments for improvements to healthcare for individuals who are incarcerated is the fact that “[a]t least 95% of all state prisoners will be released…”1 Further, pursuant to a 2014 study by the Sentencing Project, more than 215,332 women and girls are now incarcerated in the U.S.2 This figure represents both a record percentage of the total prison population in the U.S. and an eight-fold rise in the incarceration of females since 1980.3 Critically, more than two thirds of these women are mothers and 60% of these women have ...


Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer May 2018

Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer

School of Arts & Sciences Theses

California passed Proposition 47 by vote and changed the way the state punishes drug and theft. I find an increase in crime using a difference in differences model by computing the change in thefts with the change in inmates. This effect sides with anecdotal claims and disagrees with empirical studies.


Mental Disorder And Criminal Justice, Stephen J. Morse Jan 2018

Mental Disorder And Criminal Justice, Stephen J. Morse

Faculty Scholarship at Penn Law

This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements ...


Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis Feb 2017

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

Barbara Lewis

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 ...


Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto Jan 2016

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There ...


Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe Sep 2015

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical ...


Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown Jul 2015

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores ...


Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess Jan 2015

Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess

Washington University Jurisprudence Review

No abstract provided.


Improving Economic Sanctions In The States, Jessica M. Eaglin Jan 2015

Improving Economic Sanctions In The States, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes Jun 2014

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and ...


Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev Aug 2013

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 ...


Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis Jul 2013

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 ...


Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner Jul 2013

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 ...


Gray Matters Behind Bars, Howard Manly Jul 2013

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 Jul 2013

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 ...


Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall Jul 2013

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 ...


Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein May 2013

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 poetry ...


Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin Jan 2013

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

Articles by Maurer Faculty

No abstract provided.


Against Neorehabilitation, Jessica M. Eaglin Jan 2013

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools ...


Estimating The Deterrent Effect Of Incarceration Using Sentencing Enhancements, David S. Abrams Jan 2011

Estimating The Deterrent Effect Of Incarceration Using Sentencing Enhancements, David S. Abrams

Faculty Scholarship at Penn Law

Increasing criminal sanctions may reduce crime through two primary mechanisms: deterrence and incapacitation. Disentangling their effects is crucial, since each mechanism has different implications for optimal policy setting. I use the introduction of state add-on gun laws, which enhance sentences for defendants possessing a firearm during the commission of a felony, to isolate the deterrent effect of incarceration. Defendants subject to add-ons would be incarcerated in the absence of the law change, so any short-term impact on crime can be attributed solely to deterrence. Using cross-state variation in the timing of law passage dates, I find that the average add-on ...


Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2010

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number ...


A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg Jan 2009

A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg

Law Faculty Scholarship

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age ...


Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle Dec 2008

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

Susan D. Carle

To address concerns related to preventing staff sexual misconduct in custodial situations, the National Institute of Corrections (NIC) designed a project to provide training and technical assistance to prevent sexual violence in custodial situations. One component of the project, through a cooperative agreement between the American University Washington College of Law (WCL) and NIC, was to address staff involvement in sexual abuse of persons in custodial settings. The result was the preparation, by the NIC/WCL, of this report addressing human resources concerns related to preventing staff sexual misconduct in custodial situations. The paper discusses some of the employment and ...


Women In The American World Of Jails: Inmates And Staff, Kenneth Kerle Jan 2002

Women In The American World Of Jails: Inmates And Staff, Kenneth Kerle

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Foreword, H. L.A. Holeman, Eric Sterling Jan 2002

Foreword, H. L.A. Holeman, Eric Sterling

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Protection Of Female Prisoners: Dissolving Standards Of Decency, Martin A. Geer Jan 2002

Protection Of Female Prisoners: Dissolving Standards Of Decency, Martin A. Geer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Female Offender: A Victim Of Neglect, Lamont Flanagan Jan 2002

The Female Offender: A Victim Of Neglect, Lamont Flanagan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


More Than Mere Ripples: The Interwoven Complexity Of Female Incarceration And The African-American Family, Joseph Cudjoe, Tony A. Barringer Jan 2002

More Than Mere Ripples: The Interwoven Complexity Of Female Incarceration And The African-American Family, Joseph Cudjoe, Tony A. Barringer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.