The criminalization of immigration and the privatization of the immigration detention: implications for justice

In recent decades, the criminalization of immigration and the use of private prisons have increased in popularity. The criminalization of immigration and the privatization of prisons work hand in hand in shaping the American criminal justice response to immigration. Privatization creates a powerful opportunity for the social construction of the undocumented immigrant into a powerful potential source of revenue for for-profit corporations. Private prison corporations, such as Corrections Corporation of American and The GEO Group, stand to profit significantly from the private immigration detention center. Several investigative reports have focused on how these companies stand to profit, but little attention has been given to the psychosocial consequences that impact immigrant detainees and their families.     

明清州县监狱的督查制度

明清州县监狱有多种形式,依其设立是否有典章制度为依据,可粗略划分为正规监狱和非正规监狱两大类。前者由于有章可循、有典可据,所以在设置、设施、管理等方面都比较规范。后者则没有明确的法律依据,是因为某些特殊需要或缘由而设,多是本做它用的场所、设施用于监禁,具有临时性。这些临时性的监狱处于法律和监管的盲区,无论在设立、废止、运行、管理、条件上都有较大的随意性、不确定性。虽然在监管上,无论是正规,还是非正规的监狱都纳入正规管理的范畴,在加强考核、监督的前提下,重视对监狱官吏责任的追究和处罚,但是制度的局限性和弊端也是明显的,不但狱囚生存状况恶化,而且狱政的腐败犹如挥之不去的恶魔,缠绕在州县监狱内外。     

Psychic investment in cruelty: three parables on race and imprisoning the mentally ill

Drawing on ethnographic and activist work in New York, I analyze three contemporary cases of mentally ill people charged violent crimes. State violence against them can be characterized as a differential and differentiated set of racial and gendered practices. The case studies offer something between a parable, a field report, and a cautionary tale of the dystopian tendencies already embedded within the criminal justice system in the United States. Based on these cases, I will argue that despite recent liberal reform, scant evidence suggests any deep shift in the web of agencies that pipe people, especially the mentally ill, into prison and jail, or a shift in the cruel and humiliating practices these agencies embody. For the society to achieve what Du Bois called an abolition democracy, the affective infrastructure and psychic investment in debasing subordinated others would have to be abolished.     

People matter more than numbers: organized efforts against prison privatization in Florida

As the American prison population increased, so did the correctional labor force. Correctional officers in the United States have gained increased professionalism and strong representation since the 1980s. Meanwhile, many states have pushed to privatize state-run prisons in order to dampen correctional spending. Although a substantial amount of research has been conducted on the comparison of costs and qualities of confinement in public and private prisons, correctional officer labor has so far not been examined. In Florida, Senate Bill 2038, proposing the single largest expansion of prison privatization in US history, was defeated in February 2012 in the state Senate mainly as a result of lobbying by state correctional workers. By investigating the question of correctional labor from a critical perspective and by comparing salary levels, work benefits, training, and education opportunities in public and private prisons in Florida, the professionalism of correctional officers in state-run prisons vs. the working conditions their counterparts face in private facilities is contrasted. The findings suggest that adverse working conditions for correctional officers in private prisons may negatively impact correctional costs and efficiency in the longer term.     

Turning off jail turnover: do generational differences matter?

Reducing turnover in America’s jails is a significant fiscal concern and a serious organizational challenge. When determining how to improve retention, the private sector has been influenced by the literature on generational relevance. To explore whether similar cohort-driven motivators might be productively directed toward reducing jail turnover, the application of generational relevance theory to jails was empirically tested. To assess the impact of retention-related variables on various age cohorts working in America’s jails, a national survey was administered to jail staff throughout the country. Results indicate that less than half of the variables included in the analysis reached levels of statistical significance when analyzed by generational cohorts, and even among significant variables, over one-third were age-driven by nature. Although the findings do little to advance the cause of generational relevance theory, they are not without merit for jail administrators seeking to reduce turnover, pointing toward the universal appeal such intrinsic factors as treating people fairly, creating a positive work climate, and assuring that employees are listened to, have input, and are recognized, respected, and appreciated. Essentially, results indicate that reducing jail turnover is more likely to be a product of initiatives that are generically requisite than generationally relevant.     

Gang activity in english prisons: The staff perspective

Abstract

Gang behaviour has been associated with serious problems in American prisons (e.g., Fong and Buentello, 1991). This study explored the possible existence of indicators of gang activity in English prisons. Surveys of problems consistent with gang activity were completed by 374 prison staff in 16 prisons that were representative of the English Prison Estate. Results showed significant differences between categories of institution. The most gang-related activity was reported in male Medium security prisons and Young Offender Institutions. The lowest reported incidence was in both male Low and High security prisons. Female establishments demonstrated levels lower only than Medium security male prisons. Discussion focuses concern on the levels of gang activity apparently present in the Medium security English Prisons and suggests directions for further research.     

Suicide behind bars: trends, inconsistencies, and practical implications

The results of two comprehensive approaches are compared: the nationwide surveys of suicides in U.S. jails by Hayes and the international meta-analyses of suicides in jails and prisons by Fazel et al. Factors are classified as demographic, situational, clinical, and methodical. More than 50% of U.S. jail suicide victims were men, white, unmarried, under 28 years of age, charged with minor or drug-related offenses, and intoxicated with drugs or alcohol. Suicides significantly occurred in isolation. Suicide victims in the international study were significantly (p < 0.001) men, white, married, pretrial, and charged with or convicted of violent offenses. Psychiatric diagnosis, alcohol abuse, taking psychotropic medication, and suicidal ideation were also positively correlated in the international study, but suicide victims were distributed more evenly over age-groups. Results of other studies illustrate the near universality of some findings. Three theories of suicide are briefly discussed.     

低警戒度监狱功能定位与行刑特点研究

低警戒度监狱主要关押人身危险性较低的罪犯,根据有关法律规定和别国实践证明,应当具有区别于其他警戒度监狱的功能定位：矫正重于惩罚、培训重于劳动、互动重于监督、回归重于防逃.相应地,低警戒度监狱的行刑系统应当是循环开放的,安全防范措施可以明显减少,要使低警戒度监狱成为罪犯在其他监狱接受改造的动因和结束其刑事犯罪生涯的乐土.     

论西周监狱管理制度及其启示

在西周监狱管理中 ,形成了囚系制、圜土制和嘉石制等三大制度 ,展现了一个东方文明古国狱制的标本。西周监管制度的建立 ,是奴隶制政治、经济发展的产物 ,是西周统治者实施“明德慎罚”狱政思想的结果 ,是西周社会文明及进步的重要表现 ,同时也体现了西周奴隶制狱制的先进性。     

Suicidal ideation in a United States jail: demographic and psychiatric correlates

Suicidal behavior is a significant problem in United States jails. Suicidal ideation (SI) is an established precursor to suicidal behavior in incarcerated populations. No studies to date have examined the prevalence of SI or its correlates in a mixed-gender U.S. jail sample. The purpose of the present study was to document rates of SI in a mixed-gender jail sample and examine socio-demographic and psychiatric correlates. This study of 511 jail inmates found that approximately 16% of participants reported clinically significant SI upon incarceration. White participants, suicide attempters, and those with a psychiatric diagnosis history endorsed greater SI. Reported SI did not differ by sex and was not correlated with age. Clinically, results indicate that screening for SI in jail samples is necessary to identify high-risk individuals for intervention to prevent suicidal behavior.     

The impact of recidivism and capacity on prison populations

Prison crowding currently poses a serious problem for society. This problem is attributable to a failure to anticipate and plan for the increased numbers of individuals sentenced to prison over the last decade. Crowded prisons have forced many jurisdictions to release prisoners earlier than would have been the case with unlimited prison capacity and to initiate expensive prison construction programs. In this paper, we develop a prison population projection model that extends previous work by considering the impact of limited prison capacity on time served, releases, and future admissions. The model was demonstrated for the State of North Carolina. Results suggest the tradeoffs that exist between prison capacity and punitiveness as measured by time served in prison.Points of view are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.     

封建制朝代监狱立法特征探微

在“诸法合体”的封建立法体系中,监狱立法混列于各朝大法之中,缺乏系统性;封建皇帝的诏令、敕令是监狱立法的重 要补充内容;封建监狱立法受狱政思想的制约,同时决定监狱制度的制定和实施;对其特征的分析,不论对理解其实质,还是对贯彻和 实施新中国监狱法,都具有重大意义。     

Does Inmate Behavior Affect Post-Release Offending? Investigating the Misconduct-Recidivism Relationship among Youth and Adults

Recent scholarship has highlighted the potential implications of in-prison experiences for prisoner reentry and, in particular, recidivism. Few penological or reentry studies, however, have examined the relationship between one experience that may be especially consequential, inmate misconduct, and recidivism. The goal of this study is to address this gap in the literature by employing a matching design that estimates the effect of inmate misconduct on reoffending, using data on a release cohort of Florida prisoners. The results indicate that inmates who engage in misconduct, violent misconduct in particular, are more likely to recidivate. Consistent with prior scholarship, we find that this relationship holds only for adult inmates. These findings underscore the importance of prison experiences for understanding recidivism, examining youthful and adult inmate populations separately, and devising policies that reduce misconduct.     

Editorial

This article discusses the emergence of the prison system in Sweden during the nineteenth century against the background of the broader context of prison history. Although the number of prisoners had quadrupled already in the first half of the century, it was in the second half that the system was developed. As in many other nations, a heated debate took place on the question of which of the opposing systems – the Philadelphia or the Auburn system – should be chosen. In Sweden this battle between the systems ended with an almost total victory for a Philadelphia‐like system, i.e., on the principle of solitary confinement. During the second half of the nineteenth century, a system built on solitary confinement expanded at the same time as the penal policy took on a more disciplinary character, a tendency that became especially evident at the turn of the century. This expansion continued even after many other nations more or less abandoned solitary confinement. This article argues that this expansion was the result of several factors, the most important being the unprecedented disciplinary possibilities of solitary confinement. The article also argues that this development created a form of ‘successful’ institutions, i.e., well administered, secure and calm institutions, which became one important reason for the remarkably high degree of legitimacy that the Swedish prisons have enjoyed during the twentieth century.     

Propensity to support prison gangs: its relationship to gang membership,victimisation, aggression and other disruptive behaviours

Propensity to support prison gangs and its association with aggression, victimisation and disruptive behaviour is explored. The sample comprised 423 adult male prisoners from three Canadian prisons. Participants completed the PGB (Propensity to support Gang-related Behaviour scale) and DIPC-R (Direct and Indirect Prisoner behaviour Checklist-Revised). The former indicated gang membership propensity and included a direct question on whether or not participants considered themselves a gang member. It was hypothesised that prison-based aggression would be predicted by a propensity to support prison gangs and by gang membership. It was also hypothesised that aggression and disruptive behaviours would be reported more frequently by gang members than non-gang members. Propensity to support prison gangs was associated with aggression and other disruptive behaviours, as was actual gang membership. Aggression and other disruptive behaviours were reported more frequently by gang members. Prisoners reporting both aggression perpetration and victimisation simultaneously (i.e. ‘perpetrator/victims’) were over-represented as gang members. Gang membership did not appear to protect against being victimised. Propensity to support prison gangs was composed of beliefs that gangs were supportive, well-ordered and protective, and comprised of friends. The importance of accounting for propensity to support prison gangs and not just self-reported gang membership is discussed.     

牢牢把住监狱安全的命门——“9·2”越狱案件对监狱工作的警示与反思

面对监狱工作总体安全，形势向好的态势，在确保安全稳定基础上，如何实现监狱职能充分发挥是摆在每一个监狱面前的一个重要课题。哈尔滨延寿县看守所“9·2”越狱案件的发生在带给我们震撼的同时，更应该带给监狱工作深刻的警示和反思——始终牢牢把握抓好民警队伍建设、始终保持警惕危机意识、不断强化制度执行力、注重环环相扣的工作链接，克服侥幸心理的工作，将奠定监狱安全稳定的基础。     

Environmental liability reform and privatization in Central and Eastern Europe

The legacy of severe environmental degradation inherited by the new Central and Eastern European (CEE) economies requires liability reform to aid the cleanup of existing pollution sources and create incentives for future environmental risk reduction. The paper analyzes a host of liability approaches to meet these goals, given economic and institutional characteristics specific to the CEE nations, and explores the impact of environmental liability rules on privatization and foreign investment. A principal conclusion of the analysis is that, for a host of efficiency-based reasons, liability should not be retroactively applied to the new owners of privatized firms. Also, the paper advocates the use of national liability funds to finance the cost of existing liabilities, while highlighting dangers associated with their use. In addition to the desirability of alternative privatization mechanisms, the paper also analyzes altemative liability rules to govern prospective environmental hazards.     

监狱警察职务犯罪针对性预防机制探究

尽管理论及实务界已就预防监狱警察职务犯罪提出诸多的建议机制,但监狱警察职务犯罪现象仍此起彼伏,究其原因是因为没有结合监狱警察职务犯罪的独特特点而提出针对性的预防机制;相比较于其他司法行政系统工作人员的职务犯罪,监狱警察职务犯罪具有身份特殊、犯罪主体明确等特点;监狱警察职务犯罪的发生原因也与监狱这一特殊工作环境以及监狱警察职权范围特殊密切相关;应该构建监狱警察权力监控机制以及检察院、监狱之间的联席会议等针对性预防机制,以防范监狱警察职务犯罪现象的发生。     

The Darkest Figure of Crime: Perceptions of Reasons for Male Inmates to Not Report Sexual Assault

Although sexual assault behind bars is recognized as problematic, very few of the sexual assaults that occur behind bars are officially reported. Many researchers have examined the individual and institutional variables which can help predict an inmate’s probability of being victimized by his fellow inmates. With a sample obtained from a sample of eight Texas prisons, the current survey will disentangle the individual, institutional, and individual–institutional level variables which contribute to the rationales behind inmates choosing to report or not report sexually assaultive behavior. The findings somewhat mirror the findings of sexual assaults in the free community, with inmates indicating that the primary reasons to not report include embarrassment, fear of harassment, and retaliation from the perpetrator.