Reclaiming the Power to Punish: Legislating and Administrating the California Supermax, 1982–1989

This article examines how increasingly punitive prison conditions, epitomized by the birth and spread of the supermax prison, developed in the United States. This analysis builds on a growing literature about the “new punitiveness” of U.S. punishment policy and its global proliferation. This article shifts the focus away from the policies that have led to increasing rates of incarceration, however, and toward the policies that have shaped the conditions of incarceration. Drawing on archival research and more than 30 oral history interviews with key informants, I examine the administrative and legislative processes that underwrote the supermax innovation in California in the 1980s. During California's late twentieth‐century prison‐building spree, prison administrators deployed multiple rhetorics of risk to extend their control over conditions of confinement in state prisons. As the state invested billions of dollars in prison building initiatives, legislators, who were focused primarily on building prisons faster, ceded authority over prison design and conditions to prison administrators. In the end, rather than implementing legislative policy, prison administrators initiated their own policies, institutionalizing a new form of “supermax” confinement, pushing at the limits of constitutionally acceptable practices.     

Surrendering Solidarity

Abstract

Previous literature on women working in corrections suggests that male coworkers, supervisors, and inmates are hostile and resistant toward female correctional officers (COs). Although this research provides insight into the female CO position, these studies only contemplate the influence of male coworkers, supervisors, and inmates. Little research takes into account the impact that other women working in corrections have on the female CO position. This paper considers this missing link through two research questions. First, “How do female COs view other women in corrections?” and second, “In what ways do these viewpoints influence the female CO position?” Twelve in-depth interviews conducted with female COs are utilized to answer these questions. Results indicate that participants viewed other women in corrections negatively. These viewpoints influenced the female CO position by furthering the “ultra-masculine” nature of the prison that rewards masculinity and discourages femininity.     

The effects of presumptive parole dates on institutional behavior: A preliminary assessment

This article reports research conducted by the United States Parole Commission to examine whether the provision of greater determinacy in the setting of prison release dates, known as “presumptive parole,” affects the frequency or nature of prison disciplinary infractions or program participation. An experimental design was used in which prisoners in an eligible pool of cases were randomly allocated to experimental (early notification of a “firm” parole date) and control (traditional procedure) groups.     

Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

What is “prison culture”? Developing a theoretical and methodological foundation for understanding cultural schema in prison

What does it mean to say that a prison has a “culture?” Scholars have long emphasized the presence of a “prison code” and, more recently, a “racial code” as salient cultural domains in men's prisons. Yet, even though most people intuitively understand what is meant by “prison culture,” little progress has been made regarding the conceptualization and operationalization of culture as an analytical construct in prison scholarship. The current study makes two primary contributions to this literature. First, drawing on advances in anthropology, cultural sociology, and cognitive science, we incorporate the concept of cultural schema to provide a concrete analytical construct. Second, we test varying conceptualizations of cultural schema as either characterized by consensus or as overlapping relational structures. Using cultural consensus and correlational class analyses among a sample of 266 incarcerated men, we find little evidence of a culture of consensus for either the prison code or the racial code. Furthermore, we show evidence of heterogenous schema among these cultural domains. Our study is relevant to wider disciplinary work on culture as the problem of analytical precision we address is characteristic of much of the work in criminology and criminal justice that evokes culture as an explanatory device.     

Examining the Use of Disciplinary Segregation within and across Prisons

Prison officials have historically been afforded considerable discretion to administer sanctions designed to maintain order and security within a prison. Such discretion can generate disparate treatment of offender groups, but few studies have investigated whether sanction disparities exist within prisons, despite considerable research on sanctioning decisions made by other criminal justice actors. We use data collected from a nationally representative sample of inmates housed in state operated confinement facilities to examine potential influences of prison officials’ decisions to impose one type of sanction—disciplinary segregation. Multi-level analyses reveal that both legally relevant criteria such as prior misconduct history and extralegal factors such as age and holding a prison job affected whether an inmate was placed in disciplinary segregation for a rule violation. Also, prisons in which a greater proportion of the inmate population is involved in prison work and prisons with a higher density of inmates classified minimum-security use disciplinary segregation less frequently.     

Racial Threat,Social (Dis)organization,and the Ecology of Police: Towards a Macro-level Understanding of Police Use-of-force in Communities of Color

Abstract

In this paper, we examine use-of-force incidents as neighborhood processes to understand how rates and levels of use-of-force vary across New York City. We suggest that there are two distinct outcomes of force by the police: number of use-of-force incidents and level of force. Applying theories of racial threat, social disorganization, and Klinger’s ecological theory of policing, we conceptualize use-of-force as a neighborhood phenomenon rather than individual events. Our results suggest that rates and levels of force operate in some distinct ways. In particular, while we find that use-of-force is concentrated in Black neighborhoods, and is also more severe in Black neighborhoods, neighborhoods with higher racial and ethnic heterogeneity have decreasing force incidents, but with increasing severity. This may reflect different types of policing, with high rates of low-level police harassment occurring in primarily poorer, Black neighborhoods, and more isolated but severe incidents occurring in middle-income and wealthier mixed neighborhoods.     

“It's Just Black,White, or Hispanic”: An Observational Study of Racializing Moves in California's Segregated Prison Reception Centers

This article takes as its launching point a 2005 U. S. Supreme Court case, Johnson v. California (543 U.S. 499), which ruled that the California Department of Corrections' unwritten practice of racially segregating inmates in prison reception centers is to be reviewed under the highest level of constitutional review, strict scrutiny. Relying on observational data from two California prison reception centers, this research is grounded in an interactionist perspective and influenced by Smith's work on “institutional ethnography.” I examine how racialization occurs in carceral settings, arguing that officers and inmates collaborate to arrive at a “negotiated settlement” regarding housing decisions. They do so working together (but not always in agreement) to shape how an inmate is categorized in terms of ‘race’/ethnicity and gang/group affiliation, within a framework established by official Department of Corrections and Rehabilitation paperwork and related institutional understandings of housing needs. The findings demonstrate that administrators, officers, and inmates alike have influence over the process by which people are categorized and ‘race’ is produced, even as they derive their power from different sources and are both enabled and constrained by the relationship between them. I conclude that California prisons are, as Wacquant has put it, “the main machine for ‘race making’” (2005:128), and that the fuel for that machine—a series of patterned, negotiated settlements—happens in real time, “on the ground,” and with important consequences for inmates, officers, and administrators.     

Religion and Misconduct in “Angola” Prison: Conversion,Congregational Participation,Religiosity, and Self-Identities*

Prior research tends to find an inverse relationship between inmates’ religion and misconduct in prison, but this relationship has lacked empirical explanation. We therefore propose the religion-misconduct relationship is mediated by inmates’ identity transformation on existential, cognitive, and emotional dimensions. To test the mediation, we conducted a survey of inmates at the Louisiana State Penitentiary (a.k.a. “Angola”). Controlling for inmates’ sociodemographic and criminal backgrounds, we estimated a latent-variable structural equation model of disciplinary convictions. Results showed that inmates’ religious conversion and, to a lesser extent, religiosity itself were positively related to existential and cognitive transformations as well as a “crystallization of discontent,” which were in turn associated with two types of emotional transformation in the expected direction. The crystallization of discontent and transformation in negative affect were related to disciplinary convictions as hypothesized, and their mediation of the effects of conversion and religiosity on misconduct were found to be significant.     

Redemption and reproach: Religion and carceral control in action among women in prison

Criminologists are increasingly interested in how a variety of justice-adjacent institutions scaffold surveillance and punishment in the U.S. criminal justice system. A relevant but understudied institution within the carceral state is that of religion. Drawing on 12 months of ethnographic fieldwork inside a U.S. state women's prison, I interrogate how religion—predominately conservative and evangelical Protestantism—served dual purposes in light of carceral control. Religion offered redemptive narratives to counter punitive carceral narratives promulgated by the state. At the same time, this narrative shift from “flawed” to “faithful” prescribed particular forms of embodiment: avoiding fights and rejecting sexual relationships with women. These forms of Protestant embodiment aligned with carceral purposes, such that women who reprimanded others for breaching religious norms were simultaneously enforcing prison rules. Although rhetorically challenging official prison narratives on the meaning of incarceration, Protestant narratives in practice regulated women's emotional and sexual behaviors and fostered a system of informal surveillance among incarcerated women. These findings illuminate how organizational narratives are linked to individual action. More broadly, they suggest how an institution such as religion can undergird state authority within an intractable context of carceral control.     

In the eye of the beholder: Meaning and structure of informal status in women's and men's prisons*

Applying an abductive mixed‐methods approach, we investigate the informal status systems in three women's prison units (across two prisons) and one men's prison unit. Qualitative analyses suggest “old head” narratives—where age, time in prison, sociability, and prison wisdom confer unit status—are prevalent across all four contexts. Perceptions of maternal “caregivers” and manipulative “bullies,” however, are found only in the three women's units. The qualitative findings inform formal network analyses by differentiating “positive,” “neutral,” and “negative” status nominations, with “negative” ties primarily absent from the men's unit. Within the women's units, network analyses find that high‐status women are likely to receive both positive and negative peer nominations, such that evaluations depend on who is doing the evaluating. Comparing the women's and men's networks, the correlates of positive and neutral ties are generally the same and center on covariates of age, getting along with others, race, and religion. Overall, the study points to important similarities and differences in status across the gendered prison contexts, while demonstrating how a sequential mixed‐methods design can illuminate both the meaning and the structure of prison informal organization.     

和谐社会的刑事法治理性探讨

构建和谐社会需要实质的刑事法治,尤其需要高度重视、重新审视和检讨刑事政策的公正价值与谦抑宽容理性,合理兼顾犯罪防控和人权保障。在理论上,片面强调以报应主义论证刑法公正,把“刑法公正必然内在要求报应主义”这个命题作为一个“不言自明”的公理是存在很大疑问的。在刑事政策意义上的相对公正理性,不但内含了对犯罪规律的基本认识、对犯罪态势的基本判断、对可资利用的现实物质基础和精神文化资源的基本估价、对社会发展的基本考量、对人权尊重的基本态度,还内含了人性假设的基本立场以及在特定历史条件下的价值权衡和价值取向。现代刑事政策内含的谦抑宽容价值理念应当充分体现出最大限度地保障人权、最大限度地促进社会发展、最大限度地体现相对公正、最小限度地维持必要秩序这样一种“三大一小”理念;因此,现代刑事政策理念应当坚持“人权保障至上”、反对“犯罪防控至上”,坚持“公正至上”、反对“效率至上”。     

“BACK-END SENTENCING” AND REIMPRISONMENT: INDIVIDUAL,ORGANIZATIONAL, AND COMMUNITY PREDICTORS OF PAROLE SANCTIONING DECISIONS*

An understudied contributor to the massive growth of American incarceration is an increase in the practice of reimprisoning parolees through parole board revocations—now referred to as “back-end sentencing.” To conduct the analyses outlined in this article, we use data from the California Parole Study to analyze the effects of three clusters of factors (parolees' characteristics, organizational pressures, and community conditions) on these sentences. Our analyses are informed by theories that have been used to explain “front-end” (court) sentences, which center on the focal concerns of social-control agents, labeling, and racial threat. Our results indicate that status characteristics—race/ethnicity and gender—affect the likelihood that criminal parole violators are reimprisoned. Moreover, certain “pivotal categories” of parolees—registered sex offenders and those who have committed “serious” or “violent” offenses—are much more likely to be returned to prison than others. Organizational pressure (prison crowding) also affects the likelihood of reimprisonment. Communities' political punitiveness affects the likelihood that technical violators are reimprisoned and that serious or violent offenders are reimprisoned for criminal violations. In this article, we use these findings to consider ways that mass incarceration is driven by both top-down policies as well as bottom-up organizational and community forces.     

RECIDIVISM AMONG PAROLED PROPERTY OFFENDERS RELEASED DURING A PERIOD OF PRISON REFORM*

Data from four successive yearly cohorts and one special early release cohort of parolees are used to explore the question of whether rapid statewide changes in the administration of criminal justice affected the patterns of recidivism among persons on parole for property offenses. Given the earlier broadly constructed research reported by Ekland–Olson et al. (1993), and their conclusion that variation in shifting policies would have different effects on different types of offenses, we decided to sharpen the focus of the research questions posed by concentrating on recidivism patterns among property offenders. Three alternative explanations—compositional effects, administrative discretion, and deterrence—are explored to interpret the differences found across cohorts While suggestive, these alternative explanations remain open to question given the limitations inherent in quasi-experimental research. Conclusions related to issues of prison construction policy suggest that more attention be paid to the “replacement factor,” whereby “vacancies” left by incarcerated offenders are rapidly filled by others. If future research supports the rapid replacement hypothesis, increased levels of incarceration will yield a larger, more experienced criminal “work force” and ironically a heightened collective potential for crime.     

WHEN THE COST IS TOO GREAT: THE EMOTIONAL AND PSYCHOLOGICAL IMPACT ON CHILDREN OF INCARCERATING THEIR PARENTS FOR DRUG OFFENCES1

The advent of the modern “war on drugs” and its accompanying “lock 'em up and throw away the key” crime policies largely explain the evolution of mass incarceration in the U.S. and account for much of the emotional and psychological pain caused to children who have lost their parents to long prison sentences. It is by reducing reliance on incarceration to tackle the “drug problem” in the United States that there will be a positive impact on reducing the number of parents being separated from their children for inordinate amounts of time, thereby potentially reducing the negative emotional and psychological impact on children. Aiding parents combat their addiction outside of prison walls is perhaps to most sensible criminal justice policy in addressing the needs of children who are caught in the cross‐fire of the war on drugs. In the meantime, as policy makers review, assess, and, eventually, reform draconian drug laws and sentencing policies, it is imperative that front‐line service providers who work with children and family and juvenile court judges be mindful of the emotional and psychological impact that parental incarceration has on youth. A more in‐depth understanding of the complexities of these young people's life experiences will hopefully enable the development of appropriate support services.     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)     

Same Difference: The “Dilemma of Difference” and the Incarceration of Transgender Prisoners

This article examines the “dilemma of difference” transgender prisoners pose and face within a sex‐segregated prison system organized around the pursuit of safety and security. Our analysis uses data from a study of the culture and experiences of transgender prisoners in four men's prisons. Using qualitative data from interviews with transgender prisoners, focus groups with prisoners, and focus groups with staff, our findings reveal a common contention that transgender prisoners are (according to staff) and should be (according to prisoners) treated like everyone else, despite their unique situations. This further demonstrates the stakes that this dilemma carries for the prison regime and transgender prisoners’ roles in challenging it without engaging in overt resistance—which carries high stakes for them. Accordingly, we elucidate how the rigidity of an institutional structure built on inherent contradictions can have the potential to complicate the achievement of institutional goals.     

WHEN POLICY COMES TO TOWN: DISCOURSES AND DILEMMAS OF IMPLEMENTATION OF A STATEWIDE REENTRY POLICY IN KANSAS

In this case study, we document challenges to reform implementation posed by line staff, supervisors, and managers during a large‐scale realignment of the Kansas Department of Corrections (KDOC) in which they sought to replace a traditional approach of “risk containment” focused on surveillance and incarceration with a new model of “risk reduction” focused on service delivery and reintegration. We draw on interviews, observations, and archival research to document the staff's discursive challenges to the rollout of the new policy. More specifically, we describe how varying challenges to the reforms—“denial,” “dismissal,” and “defiance”—reflect actors’ positions within the organization, the local contexts in which they operate, and more general frames of interpretation of the long‐term orientation of the KDOC. We integrate these perspectives to contribute to the ongoing expansion of conventional models of penal change that highlight the role of actors and local social and institutional context as moderators of the gap between “law on the books” and “law in action.”     

“REPATRIATING” LOW‐WAGE WORK: THE POLITICAL ECONOMY OF PRISON LABOR REPRIVATIZATION IN THE POSTINDUSTRIAL UNITED STATES*

Applying Rusche and Kirchheimer's theory regarding labor markets and penal change, this paper examines recent initiatives to expand the labor force participation of federal and state prisoners. Globalization and labor market transformation have increased the potential value of prison labor as a subcontracting component of post‐Fordist production systems. We examine privatization's ideological rationale (economic “cost benefits”) and its political strategy of foreign job repatriation. Based on cultural and economic factors, the South is identified as the probable locale for “repatriation.” A case study of Escod Industries reveals the emerging elements of a post‐Fordist penology, involving a fundamental transformation in prison discourse, techniques, and management objectives.     

THE EFFECT OF SUPERMAXIMUM SECURITY PRISONS ON AGGREGATE LEVELS OF INSTITUTIONAL VIOLENCE*

Supermax prisons have been advanced as means of controlling the “worst of the worst” and making prisons safer places to live and work. This research examined the effect of supermaxes on aggregate levels of violence in three prison systems using a multiple interrupted time series design. No support was found for the hypothesis that supermaxes reduce levels of inmate‐on‐inmate violence. Mixed support was found for the hypothesis that supermax increases staff safety: the implementation of a supermax had no effect on levels of inmate‐on‐staff assaults in Minnesota, temporarily increased staff injuries in Arizona, and reduced assaults against staff in Illinois.