Digital Commons Network^™

Gifts From The Dark: Learning From The Incarceration Experience [Chapter 12], Joni Schwartz, John R. Chaney

Publications and Research

While in no way supporting the systemic injustices and disparities of mass incarceration, Gifts from the Dark: Learning from the Incarceration Experience argues that we have much to learn from those who have been and are in prison. Schwartz and Chaney profile the contributions of literary giants, social activists, entrepreneurs, and other talented individuals who, despite the disorienting dilemma of incarceration, are models of adult transformative learning that positively impact the world. The authors interweave narratives with both qualitative and quantitative research references to analyze the role of solitude, writing, non-verbal communication; race and gender; physical exercise; education; technology; family …

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.

Stopping The Flow: Eliminating The School-To-Prison Pipeline In Washington State, Emily Justin

Seattle Journal for Social Justice

No abstract provided.

U.S. Prisons And System Reform, Darian Reimels

English Department: Research for Change - Wicked Problems in Our World

Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …

Front End Justice: Diverting People Affected By Mental Illness From The Criminal Justice System, Ariel Esqueda, Kelliann Kutschke, Matthew Miller, Kayleigh Wendland

Master of Social Work Student Policy Advocacy Briefs

Many of the people caught up in the criminal justice system are non-violent offenders struggling with mental illness, which cannot and should not be addressed through incarceration. Our jails and prisons are ill-equipped to provide effective mental health services. Incarceration compounds the problem by contributing to increased psychological distress. We are relying on the criminal justice system to respond to mental illness, rather than investing fully in the spectrum of mental health care from prevention to recovery. Minnesota must invest in diverting people affected by mental illness away from the criminal justice system and into community-based treatment, services, and supports …

Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul Heaton

Indiana Law Journal

Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention.

This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the …

Criminal Mental Health, Tabitha Oliver

Senior Honors Theses

The purpose of this thesis is to assess and address the prevalence of mental health issues among incarcerated individuals in America. There are multiple internal and external contributing factors to the disproportionately high numbers of mentally ill inmates. Comparing the United States prison system with other countries such as Norway allows for possible paths to improving the mental health crisis that we are currently experiencing. This thesis looks at the principles and practices used in Norway's prisons as well as how they affect inmate's mental health. By comparing Norway's prison policies and design, this thesis will suggest changes in staff …

Preventive Justice: How Algorithms Parole Boards, And Limiting Retributivism Could End Mass Incarceration, Christopher Slobogin

Vanderbilt Law School Faculty Publications

A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would be put in jail prior to trial and in prison after conviction, the duration of sentences would be reduced for low-risk offenders, and treatment resources would be more efficiently allocated. As a result, the capital outlays for prisons and jails would be substantially reduced. The public would continue to be protected from the most dangerous individuals, while lower-risk individuals would be less subject to the criminogenic effects of …

Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith

Catholic University Law Review

The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article seeks …

Examining Trauma And Crime By Gender And Sexual Orientation Among Youth: Findings From The Add Health National Longitudinal Study, Jinhee Yun, Miyuki F. Tedor, Matthias I. Quinn, Linda M. Quinn, Christopher A. Mallett

Criminology, Anthropology, & Sociology Faculty Publications

LGBTQ youth, and in particular those of color, are significantly more at risk for experiencing trauma at home and in their community, having school difficulties including bullying and suspensions, and subsequently being involved with the juvenile and criminal justice systems. Research is limited in understanding the pathways these young people take toward youthful and young adult offending and incarceration. The national longitudinal Add Health study data were used to explain how trauma, sexual orientation (gay, bisexual), school experiences, gender, and race impacted juvenile and adult criminal activity and incarceration—looking at a trauma-delinquency-crime link. It was found that females were more …

From Incarceration To Community: Criminal Justice Reform For People Affected By Mental Illness In Minnesota, Nancy Altmann, Paige Myrick

Master of Social Work Student Policy Advocacy Briefs

Minnesota needs a new pathway approach in supporting people affected by mental illness. It is time we stop the practice of criminalizing mental illness, reform the probation and supervision systems, expand Medicaid and MinnesotaCare access, and fully invest in supports for people reintegrating back to their families and communities. Let’s take the millions of dollars spent annually on incarceration and invest in supportive services for people affected by mental illness. This approach invests in the health, hope, safety, and justice for all Minnesotans.

Are (Juvenile) Prisons Obsolete?: The ‘American’ Criminalization Of Our Youth, Sophia S. Aimé

Tapestries: Interwoven voices of local and global identities

Using historical and societal analysis of juvenile justice and exploring the significant relationship between the education and justice system, this article provides an extensive critique and analysis of ‘juvenile delinquency’ according to Western/American ideals and how marginalized Black youth are viewed in the juvenile justice system. Is incarceration even necessary to rehabilitate our youth? This article also provides solutions to the systemic issue by proposing and developing research for a social and emotional learning (SEL) based program hosted in Miami that caters to the academic and pro-social skills and overall well being of the youth.

The Horseshoe Theory Of Mental Illness And Incarceration, Alicia Y. Liu

Swarthmore Undergraduate History Journal

This paper focuses on the relationship between historical mental illness treatment and modern incarceration, reimagining it as a horseshoe, with mental illness on one end and prison on the other. There are three reasons why the two parallel each other, these being: formulated sequestration, chronicity, and histories of failed high-minded reform. The paper then writes about the intersection of the two in a mental health ward in a prison. The last aspect discussed is the gap between the ends of the horseshoe, which is due to the role of volition.

Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson

Journal of Civil Rights and Economic Development

(Excerpt)

Thirty-five years ago, Alice Marie Johnson lived a full life. She was a wife, a mother of five children, and a manager at FedEx. Then divorce, the death of one of her children, and job loss shattered her world. Ms. Johnson was able to find employment as a factory worker, a role which paid only a fraction of her former salary and was insufficient to support her children. Desperate and burdened, she became a telephone mule for drug dealers. She was instructed to “pass phone messages [and] [w]hen people came to town . . . [to tell] them what …

Part 7: Securing Release: Cash Bail In Hampton Roads, Dragas Center For Economic Analysis & Policy

State of the Region Reports: Hampton Roads

On any given day in 2019, on average, there were more pretrial inmates per 100,000 residents in Hampton Roads than in Virginia or the United States. To secure their release from jail, many inmates must provide collateral in the form of a secured bond. Now, with momentum building for reducing or eliminating cash bail in the Commonwealth, we estimate the costs and benefits of cash bail reform for cities and counties in Hampton Roads.

Prison Abolition - Content Warning (Episode 5), Olivia Juarez, Alex (Rhianna) Ramshaw, Jack Jeffery

OtterPod

No abstract provided.

Criminal Thinking, Age, Psychological Well-Being, And Recidivism Among Recently Released Female Violent Offenders, Nyasia Monae Belfrom

Walden Dissertations and Doctoral Studies

High rates of incarceration among female inmates as well as high rates of recidivism characterize the U.S. justice system. Though some research has been conducted on gendered differences between prisoners, a gap existed in the application of criminal thinking theory for female offenders following their release. The purpose of this quantitative research study was to analyze the relationship between criminal thinking, age, psychological well-being, and recidivism among recently released female violent offenders in the region of Central Texas through the use of Yochelsen and Samenow’s criminal thinking theory. The sample for this study consisted of N = 98 female participants …

Reentry Challenges Of Formerly Incarcerated African American Adult Men In Louisiana, Marquita Higgins

Walden Dissertations and Doctoral Studies

Although African Americans make up most of the habitual offender population in Louisiana state prisons, there is a dearth of information about the reentry challenges of formerly incarcerated African American men in Louisiana and how they perceive those challenges to impact their reentry into the community after imprisonment. The purpose of this qualitative phenomenological research study was to better understand how formerly incarcerated African American men in Louisiana perceive their challenges when they transition back into their communities and how they make sense of those challenges in relation to recidivism. The theoretical framework for the study was critical race theory. …

Recidivism: A Case Study Of Reentry Resources And Their Impact On Successful Reentry Post-Incarceration, Marissa L. Sulmeisters, Lisa J. Pasko

DU Undergraduate Research Journal Archive

This thesis details a case study regarding reentry resources available to returning citizens and their influence on recidivism (returning to prison) likelihood among people released from prison. It explores existing research on recidivism, describes the interviews conducted by the researcher, discusses the implications of this research, and suggests further avenues for research and exploration to better inform policies and future actions regarding reentry resources. Ultimately, this thesis concludes that the most useful resources for returning citizens include resources directed towards meeting basic needs like food, clothing, and transportation, housing resources, support/mentorship groups, family support, and employment organizations. Following further research …

American Exceptionalism At Its Finest: “Soft On Crime” Now A Vote-Winner In The World’S Largest Incarcerator, Mirko Bagaric, Gabrielle Wolf, Daniel Mccord, Brienna Bagaric, Nick Fischer

Lewis & Clark Law Review

Anyone with even a remote interest in criminal justice was stunned by the “soft on crime” Republican Party advertisement at Super Bowl LIV in 2020, especially during a presidential election year. The United States of America has pursued an unrelenting, merciless “tough on crime” approach for half a century, resulting in it being the world’s largest incarcerator by a massive margin. It was an unshakable political ideology that “tough on crime” was a vote winner. This resulted in incarceration levels increasing fourfold in four decades, with more than two million Americans ultimately behind bars. Legal and criminology scholars had argued …

Adapting The Collaborative Assessment And Management Of Suicidality (Cams) To Correctional Settings, Sydney A. Mims

Psychology Doctoral Specialization Projects

Inmate suicide is an increasing problem in prisons and jails across the United States of America. This Doctoral Specialty Project highlights the current protocols in place for inmates experiencing suicidal ideation in various correctional settings, including the Federal Bureau of Prisons (FBOP), several state prisons and local jails across the U.S. This project introduces the entirety of the Collaborative Assessment and Management of Suicidality (CAMS) framework as a possible suicide assessment and intervention tool that could streamline suicide focused evaluation and treatment across correctional settings, thus increasing continuity of care. Specifically, this project focuses on the effectiveness of existing adaptations …

Exploring The Employability Of Ex-Offenders: Employer Perspectives, Carolyn Diane Smith

Walden Dissertations and Doctoral Studies

Due to an increase in the number of convictions for minor crimes in Tennessee, a larger number of people are reentering society with the ex-offender label; there is a general lack of awareness among employers regarding their role in enhancing employability of ex-offenders with minor offenses, which limits employment opportunities for this population. Three main theories that explain the integration of ex-offenders into society underpinned this study: avoidance theory, social control theory, and labelling theory. The purpose of this general qualitative study was to explore the perceptions and practices of 10 human resource managers of middle-to-large companies in Tennessee related …

Covid-19 In Correctional Settings: How Has The Covid-19 Pandemic Impacted Prison Policies And Conditions?, Marissa Tepper

Capstone Showcase

Due to the Coronavirus Disease 2019 (COVID-19), the public has been advised to isolate and quarantine from one another. These social distancing practices have also been applied to institutions such as schools, universities, businesses, and even prisons. Within prisons, officials have been working with the medical community to determine the best course of action to contain the spread of the virus. The current proposed policies for prisons to contain COVID-19 are decarceration or medical isolation. However, in the medical community, there is some concern with implementing medical isolation in prisons. Under supervision of the prison officials, medical isolation could become …

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du

Touro Law Review

The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit and/or explicit racial bias against Blacks held by law enforcement agents persists in the system. This review considers both supporting arguments and relevant counterarguments. After evaluating empirical and rigorous research during the past five years, the review maintains that racial bias still exists …

Addressing Racial Inequities In The Criminal Justice System Through A Reconstruction Sentencing Approach, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

Justice reform is having a moment. Across the nation and in the federal government, legislation has passed “to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction.” While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice reckoning brought on by events of 2020 and intensified calls for racial justice. In the summer of 2020 media attention on the police killings of George Floyd and Breonna Taylor sparked nationwide and global protests and accompanying antiracism pledges by individuals and institutions. This …

Juvenile Justice And The Criminalization Of Mentally Ill Individuals, Michael Collins

Walden Dissertations and Doctoral Studies

Juvenile justice systems in the United States are using incarceration as a solution to the problem of youths with mental health disorders who commit violent crimes. Juvenile justice systems across the United States have a revolving door effect that arrests, adjudicates, and incarcerates youth offenders but fail to address the factors that contribute to recidivism. The purpose of the qualitative case study was to identify which treatment procedures were most appropriate for juvenile offenders who committed violent offenses in an effort to reduce recidivism for this offender population. For this study, an ecological psychology theory was used as a lens …

An Interpretative Phenomenological Analysis Of Singapore Ex-Addict Prisoners’ Motivation To Remain Drug Free After Release, Chee Kin Steven Tham

Walden Dissertations and Doctoral Studies

Reducing recidivism for drug offenders has been a challenge in Singapore since the late 1990s, when there was a spike in reentry into the system. In the year 2000, resources were invested in rehabilitation and reintegration programs to bring a reduction to the recidivism rate, but the interventions have been unsatisfactory in preventing relapse and reincarceration. This study’s purpose was to describe and interpret the lived experience of male ex-addicts who were in prison in Singapore and how they made sense of their motivation to stay drug free after their incarceration. Motivation is an important predictor of reduction and abstinence …

Exploring The Private And Environmental Events Of Repeat Offenders Relative To Low Self-Control, Xavier Mims

Walden Dissertations and Doctoral Studies

The dissection of self-control theory itself has served as a supplemental platform for understanding how the lack of self-control can perpetuate criminal conduct. Previous research has indicated that employing self-control theory to predict criminal behavior has been widely supported by various forms of test samples, measurements, and methodologies. However, there remains a gap in the current literature regarding the internal-motivative factors between the relationship of the offender's criminal behaviors and self-control theory. Partial understanding of what the offender experiences constitutes a significant disparity between subjective concepts and actual accounts based on an offender's view on his personal life. Therefore, the …