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Corrections, Margo Schlanger

Book Chapters

Over the past six years, the number of people in custody in the United States has continued to grow. By the middle of 2006, the nation's prison and jail population, including federal prisons, totaled 2,245,189 persons. The number of people under correctional supervision, including those incarcerated and on probation and parole, reached more than 7 million persons in 2006. For several years, corrections has been the fastest growing component of many states' budgets. The growing number of people in prison has begun to affect the apportionment of political power between urban and rural communities.

Art Therapy Treatment With Incarcerated Women, Bonnie Erickson

Electronic Theses and Dissertations

This study examined the effectiveness of art therapy in decreasing symptoms of trauma and psychological distress in women who were incarcerated in county jails in the Southeastern United States. In order to protect the integrity of the study, control subjects were in different dormitories from the treatment subjects. While the dormitories were randomly assigned to treatment or control, the subjects were not. The dependent measures were paper and pencil tests, the Outcome Questionnaire (OQ-45.2) and the Trauma Symptom Inventory (TSI) given at pretest and posttest. A demographic questionnaire was completed in the first session to better characterize the participants. In …

That's Life:An Examination Of The Direct Consequences Of Life-Sentence Imprisonment For Adult Males Within The Irish Prison System, Clara Geaney

Dissertations

Although Ireland compares relatively well in terms of international crime rates, there has been an increase in the number of prisoners serving life-sentences in the Republic. The current system for managing life-sentence prisoners in this jurisdiction is that they are likely to earn their temporary release after having served about fifteen years in prison. However, there is limited research in Ireland on the effects of imprisonment, and certainly for life-sentence prisoners, criminology in the Republic has failed to examine the issues faced by this group at all. Very little is understood about the coping mechanisms specific to life-sentence prisoners; the …

Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen

Faculty Scholarship

American punishment today is degrading, indecent, and harsher than deserved despite a Constitution designed to protect people from cruel and unusual punishment. Unfortunately, the U.S. Supreme Court’s response to the increasing inhumanity of contemporary punishment has been to reduce its Eighth Amendment jurisprudence to tidy categories, legal fictions, and hollow phrases. Absent from the discourse is any acknowledgement of the actual day-to-day experience facing the convicted person, or any suggestion that, although punishments can be degrading, they need not be. The case for treating a convicted person with respect for his human dignity, and for constitutional scrutiny of punishment as …

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.

Incarceration And Unwed Fathers In Fragile Families, Charles E. Lewis Jr., Irwin Garfinkel, Qin Gao

The Journal of Sociology & Social Welfare

Criminal justice policies have resulted in millions of Americans being incarcerated over the past three decades in systems that provide little or no rehabilitation. This study uses a new dataset-The Fragile Families Study-to document poor labor market outcomes that are associated with incarceration. We find that fathers who had been incarcerated earned 28 percent less annually thanfathers who were never incarceratedT hese previously incarceratedfa thers worked less weeks per year, less hours per week and were less likely to be working during the week prior to their interview. We also found that fathers who had been incarcerated were more likely …

The Domestic Violence Experiences Of Women In Community Corrections, Rachel Bridges Whaley, Angela M. Moe, Mark Eddy, Jean Daugherty

Sociology Faculty Publications

A variety of studies indicate high rates of domestic violence in the backgrounds of women offenders. We examine and extend this work through a qualitative study of women on probation or parole in a western U.S. county. In-depth interviews were conducted with 14 women who participated in a larger study in which only questionnaire data were collected. Participants completed a brief telephone interview about prior experiences of partner violence and then a face-to-face extensive in-person interview. In the analyses, several notable themes emerged regarding the women’s histories of child victimization, partner abuse, substance abuse, coercion into crime, and a lack …

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

Following In Their Footsteps: The Risks Of The Intergenerational Cycle Of Incarceration Among Inmates And Their Children, Megan Harris

All Theses

The purpose of this thesis was to test the proposition that parents who are currently incarcerated are at high risk for having children who are also incarcerated. Furthermore, several risk factors, commonly found in homes with previously or currently incarcerated members, were identified and analyzed to predict the odds of an incarcerated parent also having an incarcerated child.
The current study found that the majority of the demographic variables were significant predictors of child incarceration. Furthermore, only a few risk factors were found to be significant predictors of an inmate's child being incarcerated: an inmate having two or more prior …

The Political Market For Criminal Justice, Rachel E. Barkow

Michigan Law Review

In 2004, the number of individuals incarcerated in the United States exceeded the two million mark. The current incarceration rate in the United States is 726 per 100,000 residents, the highest incarceration rate in the Western world and a dramatic increase from just three decades ago. Not only are more people serving time, but sentences have markedly lengthened. What should we make of these trends? The answer has been easy for most legal scholars: to them, the incarceration rate in the United States is too high, and reforms are necessary to lower sentences. But many political leaders and voters reach …

Crime, Criminals, And Competitive Crime Control, Wayne A. Logan

Michigan Law Review

Given the negative consequences of crime, it should come as no surprise that states will endeavor to make their dominions less hospitable to potential criminal actors. This predisposition, when played out on a national stage, would appear ripe for a dynamic in which states will seek to "out-tough" one another, leading to a spiral of detrimental competitiveness. Doran Teichman, in an article recently appearing in these pages, advances just such a view. Teichman posits that the decentralized structure of America's federalist system provides states with "an incentive to increasingly harshen" their crime control efforts, with the net result being excessive …

Decentralizing Crime Control: The Political Economy Perspective, Doron Teichman

Michigan Law Review

In an article recently published on the pages of this Law Review, The Market for Criminal Justice: Federalism, Crime Control, and Jurisdictional Competition ("The Market"), I put forward a theory of crime control in a decentralized government. Specifically, I made three distinct claims. First, criminal justice policies affect the geographic decision of criminals as to where to commit their crimes. Other things being equal, criminal activity will tend to shift to areas in which the expected sanction is lower. Second, local jurisdictions attempting to lower their crime rates will react to policies adopted by neighboring jurisdictions and try …

Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson

Law Faculty Scholarly Articles

The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger

Faculty Scholarship

The steep rise in female offenders since the 1960s has finally caused criminologists, lawyers, judges, and others to consider why they have not learned more about women offenders’ lives, in order to better understand and explain why they enter, and how they proceed through the criminal system. This article focuses on the reality that women’s relationality, and particularly their relationships with men in their lives, profoundly affect the behavior that lands them in the criminal justice system. This article argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender as an interacting …

From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard Harcourt

Faculty Scholarship

The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums.

When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …

Bringing Families In: Recommendations Of The Incarceration, Reentry And Family Roundtables, Ann Cammett, Johnna Christian, Nancy Fisherman, Lori Scott-Pickens

Scholarly Works

Building on the findings of the New Jersey Reentry Roundtable and a growing concern around the state about how to improve outcomes for the more than 70,000 individuals expected to return home from prison over the next five years, the roundtable examined the complex role that families – broadly defined – play in the lives of prisoners during incarceration and after their release. This document presents a set of recommendations emerging directly from roundtable sessions and provides a road map for individual and collaborative efforts accepted by a range of key players in New Jersey, including government officials, community and …

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …

Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii

Faculty Publications

This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.

Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett

Scholarly Works

The New Jersey Institute for Social Justice prepared this report in response to concerns about child support debt—in particular as it creates a barrier to employment for low-income parents and works at cross-purposes with the goals of the child support program. Drawing on examples from other states, this report identifies a range of policies that inform child support practice in New Jersey and offers administrative, legislative, and programmatic solutions to address child support arrears owed by low-income and incarcerated parents.

Getting The Mentally Ill Misdemeanant Out Of Jail., James R. Walker

The Scholar: St. Mary's Law Review on Race and Social Justice

This Comment advocates for the release of jailed persons arrested for nonviolent crimes due to the symptomology associated with their mental illnesses. Mentally ill misdemeanants suffer from severe and persistent mental disorders, usually either a psychotic or mood disorder, without symptoms or a diagnosis of a personality disorder. Due to the increase in arrests of individuals with mental illnesses, jail and prison populations are drastically increasing. These institutions have turned into modern mental hospitals or asylums. Criminalization of the mentally ill occurs because increasing numbers of mentally ill persons who commit minor crimes are subject to more frequent arrests. The …

Changing Fortunes Or Changing Attitudes: Sentencing And Corrections Reforms In 2003, Jon Wool, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, …

Difficult Times In Kentucky Corrections--Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Neighborhood, Crime, And Incarceration In New York City, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

Several new studies suggest that social and spatial incarceration of young males has become part of the developmental ecology of adolescence in the nation's poorest neighborhoods. This concentration began in the 1970s, and has grown steadily through the last quarter century.The story of young men such as Cesar in Random Family illustrates the pervasive effects of both direct and vicarious prison experiences for young men and women in poor neighborhoods. Studies of street life such as Random Family, Code of the Streets, and American Project show how these experiences are now internalized in the social and psychological fabric of neighborhood …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …

Families And The Moral Economy Of Incarceration, Donald Braman

GW Law Faculty Publications & Other Works

This chapter examines the moral economy of incarceration from the perspective of one family. Derrick and Londa's story, neither one of flagrant injustice nor triumph against the odds, shows a family facing addiction, the criminal justice system's response to it, and the mixture of hardship and relief that incarceration brings to many families of drug offenders. Stories like theirs are almost entirely absent from current debates over incarceration rates and accountability. Indeed, the historical lack of the familial and community perspective of those most affected by incarceration can help to explain the willingness of states to accept mass-incarceration as a …

"Real Men" Curriculum, Jessie Daniels, Ronald Shuler, Nina Aledort, Nicholas Freudenberg

Open Educational Resources

This is the curriculum for a program known as "REAL MEN," an acronym for "Returning Educated African American and Latino Men to Enriched Neighborhoods." A collaborative effort, the REAL MEN program was a public health intervention based at Rikers Island and at a community-based organization, Friends of Island Academy, for young men, ages 15-19, who were leaving jail and returning to their home communities. The curriculum for this program was designed to reduce drug use, HIV risk, and rearrest by helping participants examine alternative paths to manhood and consider racial/ethnic pride as a source of strength.

Mental Health And Incarceration: What A Bad Combination, Olinda Moyd

University of the District of Columbia Law Review

The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …

Mothering, Crime And Incarceration, Kathleen J. Ferraro, Angela M. Moe

Sociology Faculty Publications

This article examines the relationships between mothering, crime, and incarceration through the narratives of thirty women incarcerated in a southwestern county jail. The responsibilities of child care, combined with the burdens of economic marginality and domestic violence, led some women to choose economic crimes or drug dealing as an alternative to hunger and homelessness. Other women, arrested for drug- or alcohol-related crimes, related their offenses to the psychological pain and despair resulting from loss of custody of their children. Many women were incarcerated for minor probation violations that often related to the conflict between work, child care, and probation requirements. …

Malign Neglect Or Benign Respect: Women’S Health Care In A Carceral Setting, Angela M. Moe, Kathleen J. Ferraro

Sociology Faculty Publications

A central tenet of feminist criminological scholarship is the examination of women’s experiences with crime and incarceration through their own narratives. Through semi-structured interviews with thirty jailed women, this article examines carceral conditions through the critical lens of the female inmate. Highlighted in this article is the availability and quality of health care in a detention center in Arizona. The findings indicate a contentious duality, exposing both heinous neglect and benign solicitude in the care delivered to jailed women. This duality is situated within the dismal health care system available to indigent women in the region.