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2006

Washington University in St. Louis

Washington University Journal of Law & Policy

Imprisonment

Articles 1 - 3 of 3

Full-Text Articles in Law

Staff Use Of Force In United States Confinement Settings, Steve J. Martin Jan 2006

Staff Use Of Force In United States Confinement Settings, Steve J. Martin

Washington University Journal of Law & Policy

This Essay focuses on the insidious pattern or practice of prison staffs’ unlawful use of force that is cloaked with or protected by an air of legitimacy or facial validity. It is not uncommon for ostensibly lawful applications of physical force to mask the intentional infliction of punishment, retaliation or reprisal on prisoners. Manufacturing or exaggerating the need to physically control a prisoner is one means by which staff pretextually use force for inflicting punishment on a prisoner. An application of force that is legitimately initiated but which escalates to a level of force disproportionate to the objective risks presented ...


Confronting Confinement: A Report Of The Commission On Safety And Abuse In America's Prisons, John J. Gibbons, Nicholas Debelleville Katzenbach Jan 2006

Confronting Confinement: A Report Of The Commission On Safety And Abuse In America's Prisons, John J. Gibbons, Nicholas Debelleville Katzenbach

Washington University Journal of Law & Policy

A little more than one year ago, a diverse group of individuals— respected civic leaders, experienced corrections administrators, scholars, advocates for the rights of prisoners, law enforcement professionals, members of the religious community, and former prisoners—joined together as a national commission to examine the safety of America’s prisons and jails. What we discovered over months of holding public hearings, talking individually and in small groups with a wide range of experts, and reviewing the available research and data is that the people who think and care most about safety and abuse in America’s correctional facilities are concerned ...


Isolation In Penal Settings: The Isolation-Restraint Paradigm, Fred Cohen Jan 2006

Isolation In Penal Settings: The Isolation-Restraint Paradigm, Fred Cohen

Washington University Journal of Law & Policy

Isolation, I suggest, should be analyzed constitutionally, much as physical restraints are now. As I describe in detail below, recent Supreme Court case law and longstanding lower court precedent has insisted that prisons and jails limit their use of physical restraints to situations in which those restraints are necessary for contemporaneous control and security—not as deterrent or punishment. This Essay asserts that isolation and the use of mechanical restraints should be treated as almost identical interventions in terms of rationale, duration, monitoring, and creation of law and policy. Isolation units are not a fixed, invariable condition of penal confinement ...