Restrained Voices

Abstract

This research presents the voices of women inmates on health care services in prisons. Foucault's discourse analysis as a means of bringing to the surface restrained voices provides the theoretical basis for this study. The research is based on face-to-face interviews of fifty-six women inmates to understand better the role gender plays in prison health care delivery. The results show that women are willing to discuss only physical ailments and are reluctant to speak about mental health care or HIV. While women benefit from health care services in prison, they still feel that a female-oriented approach to health care in general will improve the services tremendously. This approach is not dictated by the “difference” in the ailments between men and women, but by the “difference” in the way men and women encounter health care providers and illnesses.     

Hispanics Incarcerated in State Correctional Facilities

Abstract

Criminological investigators have exhibited considerable interest in racial variations among prison inmates, variations in justice system responses to these racial groups, and related issues. However, there has been relatively little interest or research in ethnicity, particularly Hispanics. The category Hispanic is not consistently defined by ei-ther lay persons or scholars. In the media and elsewhere in the U.S., Hispanic is not consistently defined along racial lines, national origin, immigrant status, or language capacity, and, therefore, the term Hispanic has several meanings. This paper examines the characteristics of Hispanics, as an aggregate category and as subgroups, incarcerated in state cor-rectional facilities. The analysis argues that disaggregation of Hispanics into Hispanic subgroups is necessary to understand the diversity of their experiences with incarceration.     

Toward the development of punishment equivalencies: Male and female inmates rate the severity of alternative sanctions compared to prison

According to a survey of 415 male and female inmates serving brief prison terms for nonviolent offenses, inmates perceive several alternative sanctions as significantly more punitive than imprisonment. Women rate alternatives as less punitive than do men, and are more amenable to participating in them. We find that prison and probation do not necessarily define the high and low extremes along a continuum of sanction severity, and we show for the first time how female inmates rank the punitiveness of criminal sanctions. Findings bear on the eventual development of meaningful punishment equivalencies and a valid continuum of criminal sanctions while raising doubts about the value of brief prison terms as a specific deterrent to crime. Our results also support consideration of gender differences in punishment and deterrence. We critique the problems associated with research on offenders' perceptions of the severity of sanctions, and discuss implications for deterrence theory and corrections policy.     

HMP/YOI Holloway: a lament but also a call to arms

Abstract

London’s oldest women’s prison is to close in 2016. The unexpected speed of the UK Government’s closure plans and the lack of alternatives for London women are a cause for concern but also an opportunity. Ironically, this announcement came at a time when both the prison and its health care were evaluated as better than ever before. Staff constitute a vital source of knowledge and expertise. Good care for women who offend relies on these ingredients. Learning from the last decade should be salvaged and further developed.     

Exporting Gender Injustice: The Impact of the U.S. War on Drugs on Ecuadorian Women

Numerous researchers have documented the gendered impact of the United States’ domestic war against drugs. Women incarcerated for non-violent drug offenses are the fastest growing segment of America’s prison population because of the harsh penalties for using, selling and transporting illegal substances. The impact of U.S. drug policy on women in other countries, in contrast, has been overlooked. This paper argues that the greatly increased imprisonment of women in Ecuador for drug-related offenses is collateral damage of the U.S. war on drugs. The impact of the expansion of women’s imprisonment in Ecuador appears to be particularly damaging to the inmate’s children who frequently join their mother in prison. U.S. policy should not be exported to other countries before having a clear picture of the unintended negative consequences.     

Expanding the Intersectional Paradigm to Better Understand Domestic Violence in Immigrant Communities

The study of battered women of color marginalized by their race, gender, sexuality, ethnicity, class, and immigrant status (defined as an intersectional approach) has created new ways of thinking of and dealing with domestic violence in immigrant communities. This article applies the principles of an intersectional and interlocking analysis to the experiences of battered immigrant women in the U.S. In addition, here I bring together another dimension of intersectionality: one that inter-relates certain dynamics of domestic violence specific to immigrant communities and some of the unique ways in which immigrant communities are dealing with domestic violence in the U.S. In these ways, we are better able to see both the concerns about displacement and marginalization, as well as contestation and empowerment of battered immigrant women. For more information on this topic, see the extensive bibliography by Natalie J. Sokoloff, Multicultural Domestic Violence Bibliography, at .

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Understanding the place of punishment: Disadvantage,politics, and the geography of imprisonment in 21st century America

Studies suggest that the spatial distribution of punishment in the United States is shifting. This article analyzes variation in prison admissions across U.S. counties to deepen our understanding of the contemporary geography of punishment. While research on punishment generally treats economic and political theories of punishment as distinct, we draw on recent studies of penal attitudes to develop a theoretical argument regarding their possible interconnection. We then use Hierarchical Linear Modeling to test the hypothesis that conservatism, race, and disadvantage are associated with the use of prison and that these factors help to explain why prison admission rates are higher in rural and suburban counties than in urban ones, despite notably higher crime rates in the latter. The results indicate that nonurban counties send more people to prison than urban counties and that socioeconomic disadvantage, the size of the Black population, and conservatism are significant predictors of prison admissions after controlling for crime‐related problems. These findings suggest that poverty, race, and politics work in concert to shape the distribution of punishment across 21st century America.     

Fugitives in the United States

Little is known, empirically, about fugitives in the U.S. There is no research describing basic facts such as the prevalence of warrants or how features of warrants vary across geography or demographics of fugitives.PurposeTo (A) describe the prevalence of warrants in the U.S., including variation in warrant features across geography as well as demographics of fugitives (age, race, and gender). In addition, the paper (B) models a key feature of warrants (extradition limits) as a function of legal and extra-legal factors.MethodsThis study draws on the Wanted Persons file—the central operational database maintained by the National Criminal Information Center (NCIC) for tracking warrants from all jurisdictions in the United States. Warrant factors are described across demographic groups via bivariate comparisons. Extradition is modeled via a multivariate fixed effects logistic regression framework (i.e., within state comparisons)ResultsThe data show approximately 2 million warrants are active on any given day. Warrant features vary significantly across states (per capita), and fugitive demographics. Extradition varies as a function of legal (e.g., crime seriousness) and extra-legal factors (e.g., race of fugitive).ConclusionsWarrants may provide an important new avenue for scholarship on disparity, criminal carreers, and the administration of justice.     

Radicalization of U.S. prisoners

Research Summary
Concern has been expressed that prisoner radicalization poses a high probability threat to the safety of the United States. Although the threat of terrorist acts planned in prison is known to be above zero because of a nearly executed terrorist plot hatched in a state prison, the central finding of this research is that the actual probability is modest. The reasons for a modest probability are fourfold: Order and stability in U.S. prisons were achieved during the buildup period, prison officials successfully implemented efforts to counter the "importation" of radicalism, correctional leadership infused antiradicalization into their agencies, and inmates' low levels of education decreased the appeals of terrorism.
Policy Implications
The prison environment permits a great deal of information to be collected on the activities and, more difficult to detect, planned activities of inmates after they are released. This environment requires the attentive observation of staff, collection of information from inmates, and efforts at different levels of a correctional agency to assemble, collate, and assess information; much of it is likely to be false and some will be vital.     

THE REPRODUCTIVE AND PARENTAL RIGHTS OF INCARCERATED MOTHERS

Acknowledging the explosive growth in the number of incarcerated women in the United States, this Note critically examines the current treatment of mothers and expectant mothers in the U.S. prison system. This Note highlights the severe inadequacy of current prison policies and accompanying maltreatment of incarcerated women and their children, especially with regard to the frequent separation of mothers from their children and the poor health care available to expectant mothers. The damage inflicted by current prison policies must be comprehensively redressed through the creation of prison nursery programs, halfway houses, the provision of optimal prenatal care, and the elimination of the draconian practice of shackling pregnant women. Such reforms will not only benefit incarcerated women and their children, but will also deter recidivism and promote the welfare of the community at large.     

Gender and Social Control in Early 20th-Century Pennsylvania: The Role of the State Industrial Home for Women at Muncy in Reforming Fallen Women

The State Industrial Home for Women at Muncy in Pennsylvania opened in 1920 just as the reformatory movement began to wane and quickly became the sole correctional institution for women in the state, besides county jails. Despite the broader population that Muncy housed, traditional reformatory ideals were still supported and enforced. Yet the practices and programming of the institution also exemplified the changing economic and social role of women in society. Using recently uncovered primary sources from the institution, this article places Muncy within the broader context of the reformatory movement and argues that its dual emphasis played a significant role in its respect and longevity as an institution.     

Sex Matters

Abstract

Male and female inmates have different profiles and needs, and adapt to prison in different ways. When policy is made and implemented, however, the male model of imprisonment sets the standard. This article argues that courts and prison administrators should consider the differences between men and women in prison, particularly in the context of cross-gender searches, which brings those differences to the fore. The case of Jordan v. Gardner, in which the court recognized women inmates' specific histories of abuse in evaluating the potential psychological harm of cross-gender searches, is presented as an exemplary use of a gender-specific standard. It is recommended that a gender-specific standard be used by both courts and prison administrators in order to measure more appropriately and accurately the impact of cross-gender searches on women inmates.     

Theorizing Race and Imprisonment: Towards a New Penality

This article compares historical and contemporary notions of race in France, England and Wales, and the United States, in order to explain each nation's prison population. It seeks to demonstrate how the distinct interpretations and ways of documenting race in each place correspond with an over-representation of specific populations in that nation's prison system. After describing the prison population in each country, the paper analyzes the historical and cultural construction of ideas of race in France. Of particular importance is the Enlightenment and the 19th century love of taxonomy that articulated, mapped and reified Otherness and which is also considered to be the birth of prison and criminology. Thus, the genealogical approach may provide a new understanding of the conceptual and practical interdependence of race and imprisonment, which is then applied to the U.S. and England. This paper aims to help criminologists move beyond merely documenting the over-representation of minorities to critiquing the structures of race and punishment, grounded in colonialism and slavery, that serve to legitimate strategies of social control. This revised version was published online in July 2006 with corrections to the Cover Date.     

The role of victim characteristics in the disposition of murder cases

Using data from prosecutors' files in a sample of 33 U.S. counties, we examine how victims' conduct and victims' demographic characteristics affect the disposition of murder cases at various stages of the criminal justice process. We find that victims' age and past conduct do not significantly influence legal outcomes in murder cases, but their race, gender, and conduct at the time of the incident do so. Although these effects vary across the criminal justice decision-making stages considered, they generally are consistent with the claim that killings of disreputable or stigmatized victims tend to be treated more leniently. We also find some evidence that the effects of victim characteristics are stronger in jury proceedings than in bench proceedings, and that the influence of a victim's race on the disposition of murder cases is conditioned by the racial composition of the county in which the case is processed.     

Aggressive behavior among female inmates: An exploratory study

Over the past decade the issue of inmate violence and victimization in institutions for adult males has dominated the field of penology. Despite evidence of violence and degradation in institutions for women, empirical research documenting this phenomenon is scarce. Using data gathered from the Minnesota correctional facility for adult female felons, this study looks at the extent of agressive behavior among female inmates and examines some of the factors that may be associated significantly with aggressive acts. Race, age, childhood family structure, offense of conviction, time served on present and past offense(s), race relations, and current drug use are examined in light of the prior research on prison violence. The data reveal that both race and childhood family structure are associated significantly with female inmate aggression. The implications of these findings for future research are discussed.     

The Gender Paradox in Prison Suicide Rates

Few studies of prison suicide have focused on suicide among female inmates, and even fewer studies have provided comparisons of rates by gender. Using national data on U.S. prisons and suicide, this study examined the “gender paradox” in prison suicide rates by comparing suicide rates of female and male inmates and U.S. residents and then examined characteristics of prisons that reported suicides. Findings indicated that rates of suicide in prison were similar for female and male inmates, but rates were higher for female inmates and lower for male inmates compared to the respective rates for female and male U.S. residents. Prisons that reported female suicides evidenced significant differences in prison conditions, including higher assault rates and mental health service utilization, compared to prisons for males and female prisons without suicide. Implications of the findings for understanding the gender paradox and for prison suicide prevention are discussed.     

Perpetuating myths of women as false complainants in rape cases in India: culture V. The law

ABSTRACT

Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India’s “cultural” arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.     

DOING HER OWN TIME? WOMEN'S RESPONSES TO PRISON IN THE CONTEXT OF THE OLD AND THE NEW PENOLOGY*

Assumptions about gender role socialization dominated explanations for gender differences in responses to incarceration. We suspend these gender comparisons, which produced the focus on homosexuality and kinship networks in women's prisons, to determine how women's pre‐prison experiences, in the context of two different institutions, influence the way they “do time.” We analyze in‐depth interviews with a diverse sample of 70 female inmates housed in the California Institution for Women (CIW)—the oldest prison for women in the state—and Valley State Prison (VSP)—the newest prison for women. These two institutions differ in structure, size, and management philosophy, and accordingly necessitate the consideration of moderating situational effects. We use qualitative analysis to examine how women do time and to determine whether individual variations in doing time are similar across very different institutions.     

The effect of gender on violent and nonviolent recidivism: A meta-analysis

A large body of literature has been dedicated to understanding re-offending after release from prison - a phenomenon known as recidivism. A meta-analysis was conducted using fifty- seven published studies on actuarial predictors of both violent and nonviolent recidivism in men and women. The current analysis resulted in 127 effect sizes between violent recidivists and non-recidivists, and sixty-eight effect sizes between violent recidivists with nonviolent recidivists. Several variables (drug/alcohol use, age, and marriage) were predictive of recidivism. Gender differences were also observed. In men, increased violent criminal history was associated with increased violent recidivism. This effect was not true for women. In fact, longer sentences were predictive of violent re-offending in women and not men. Despite limited data on women, pursuing the predictors of recidivism in men and women independently demonstrated that gender differences exist, and supported the need for more data concerning the predictors of recidivism in women.