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2006

Washington University in St. Louis

Washington University Journal of Law & Policy

Prisoners

Articles 1 - 10 of 10

Full-Text Articles in Law

Excessive Force In The New York City Jails: Litigation And Its Lessons, John Boston Jan 2006

Excessive Force In The New York City Jails: Litigation And Its Lessons, John Boston

Washington University Journal of Law & Policy

The New York City Legal Aid Society, through its Prisoners’ Rights Project (PRP), has fought since PRP’s founding in 1971 to protect the human rights of prisoners. In particular, we have wrestled with the problem of excessive force by New York City jail staff through individual and class action litigation and through investigations and demands for administrative redress on behalf of injured prisoners. Our focus has been on reforming the systems that operate to control force in correctional settings including written policy, training, investigations, discipline, and supervision of staff. The single most important lesson we have taken from twenty ...


Improving Prison Safety: Breaking The Code Of Silence, Kathleen M. Dennehy, Kelly A. Nantel Jan 2006

Improving Prison Safety: Breaking The Code Of Silence, Kathleen M. Dennehy, Kelly A. Nantel

Washington University Journal of Law & Policy

A system permeated by a code of silence reinforces negative behaviors in inmates, ultimately increasing the risk to staff. As the former Massachusetts Secretary of Public Safety, Edward A. Flynn, is keen on saying, “If nothing else, inmates must leave our custody with a belief that there is moral order in their world. If they leave our care and control believing that rules and regulations do not mean what they say they mean, that rules and regulations can be applied arbitrarily or capriciously or for personal interest, then we will fail society, we will fail them, and we will unleash ...


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 ...


Inmates As Public Health Sentinels, Robert B. Greifinger Jan 2006

Inmates As Public Health Sentinels, Robert B. Greifinger

Washington University Journal of Law & Policy

The conditions in some correctional facilities are redolent of conditions in prisons in the United States a century ago. In 1894, Dr. Julius Ransom, a prison physician, reported that 25% of the 1000 inmates at the prison in Dannemora, New York had active tuberculosis. In his report to Congress in 1907 the rates were unchanged and half of the prison mortalities were attributed to tuberculosis. One hundred years later (and despite the widespread availability of modern diagnostics, knowledge about containment, and multi-drug regimens for communicable disease) some American prisons remain incubators of this same scourge. Too little attention is being ...


Psychiatric Effects Of Solitary Confinement, Stuart Grassian Jan 2006

Psychiatric Effects Of Solitary Confinement, Stuart Grassian

Washington University Journal of Law & Policy

The author, Dr. Grassian, is a Board Certified Psychiatrist who was on the faculty of the Harvard Medical School for over twenty-five years. He has had extensive experience in evaluating the psychiatric effects of solitary confinement, and in the course of his professional involvement, has been involved as an expert regarding the psychiatric impact of federal and state segregation and disciplinary units in many settings. The following statement is largely a redacted, non-institution and non-inmate specific, version of a declaration which was submitted in September 1993 in Madrid v. Gomez.


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 ...


The Americans With Disabilities Act And Inmates With Disabilities: The Extent To Which Title Ii Of The Act Provides A Recourse, Paul Evans Jan 2006

The Americans With Disabilities Act And Inmates With Disabilities: The Extent To Which Title Ii Of The Act Provides A Recourse, Paul Evans

Washington University Journal of Law & Policy

No abstract provided.


Making Prisons Safe: Strategies For Reducing Violence, Donald Specter Jan 2006

Making Prisons Safe: Strategies For Reducing Violence, Donald Specter

Washington University Journal of Law & Policy

If prison administrators provide humane conditions and require strict adherence to commonly accepted and nationally recognized techniques for regulating the unnecessary use of force, prisons can be reasonably safe for both prisoners and staff. Although the threat posed by gangs presents special problems, the traditional approach to correctional safety—suppression and isolation—has not been successful. The experiences of some innovative programs around the country, as discussed below, suggests the success of a radically different approach: closely monitored integration coupled with incentives and tools to help prisoners leave the gangs.


The Wages Of Prison Overcrowding: Harmful Psychological Consequences And Dysfunctional Correctional Reactions, Craig Haney Jan 2006

The Wages Of Prison Overcrowding: Harmful Psychological Consequences And Dysfunctional Correctional Reactions, Craig Haney

Washington University Journal of Law & Policy

Overcrowding (having more prisoners than a facility can humanely accommodate) is directly connected to many of the problems that currently confront American corrections. Although it is by no means the only cause of the deprived and dangerous conditions that prevail in many of the nation’s prisons or sole reason that many prisoners continue to be exposed to the degrading and harmful treatment, overcrowding is a central and critical issue that must be effectively addressed if these other problems are to be solved. Correctional administrators have been forced to accommodate to an unprecedented number of additional prisoners over the last ...


A Perspective On Corrections Health Care, Jeffrey Beard Jan 2006

A Perspective On Corrections Health Care, Jeffrey Beard

Washington University Journal of Law & Policy

I believe that objective criteria are needed to measure the safety of our systems and facilities. In addition, a critical component of any evaluation needs to be actual visits to the facilities that are being evaluated. If this does not occur, and if we rely on anecdotal statements and reports as well as questionable statistical information, I am concerned that we may miss an opportunity to really make a difference by failing to focus on issues that can improve our system.