Coping with crowding: The prison system response to the crowding crisis

The prison crowding problem in the United States has been described by the Department of Justice as one of the most critical problems facing the criminal justice system (Gettinger, 1984). During the past several years numerous state and federal, public and private task forces and advisory groups have proposed solutions to the crisis but, as of yet, the proposals advanced by criminal justice policy analysts have done little to ease the crowding crisis. In light of the failure of various planning groups to deal with the problem of crowding, this paper examines how the correctional systems have coped with prison crowding through the use of shortterm ad hoc solutions during the 1980s.     

Staff‐Prisoner Relationships,Staff Professionalism,and the Use of Authority in Public‐ and Private‐Sector Prisons

Prison privatization has generally been associated with developments in neoliberal punishment. However, relatively little is known about the specific impact of privatization on the daily life of prisoners, including areas that are particularly salient not just to debates about neoliberal penality, but the wider reconfiguration of public service provision and frontline work. Drawing on a study of values, practices, and quality of life in five private‐sector and two public‐sector prisons in England and Wales, this article seeks to compare and explain three key domains of prison culture and quality: relationships between frontline staff and prisoners, levels of staff professionalism (or jailcraft), and prisoners' experience of state authority. The study identifies some of the characteristic strengths and weaknesses of the public and private prison sectors, particularly in relation to staff professionalism and its impact on the prisoner experience. These findings have relevance beyond the sphere of prisons and punishment.     

Effects of a prison facility on the regional economy

Changes in economic and social well-being in three Alabama countries, immediately subsequent to the opening of large state prison facilities in those countries, are examined. Case study comparisons of prison and control (no prison) counties, using variables of population growth, total employment, per capita income, retail sales, property value, farm acreage and value, school enrollment, and crime rates and juvenile court cases, find some mixed indicators of a prison's effect on the local economy, but the majority of variables showed no negative effects, and positive improvement was found in some cases.     

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.     

Promoting Well-Being and Desistance Through Sport and Physical Activity: The Opportunities and Barriers Experienced by Women in English Prisons

Despite an increased focus on the benefits of participation in sport and physical activity for men in custody, little attention has been paid to its potential role in meeting the specific needs of female prisoners. Qualitative data from female offenders (n = 45) within the English prison estate illustrated that, despite low levels of participation, prison-based sport and physical activities have clear physical and psychological benefits and can be valuable in promoting desistance from crime. Institutional barriers to participation, such as in the provision of activities and the prison regime, coupled with gendered barriers, such as self-presentational and motivational concerns, are identified and explored. Findings are discussed in the context of existing policy and principles of best practice.     

Patterns of violent specialization: Predictors of recidivism for a cohort of parolees

Historically, there has been interest in the unfolding of criminal careers, especially in the persistence, specialization, and prediction of violent recidivism. Specialization in violent crime is particularly important as both the public and politicians have called for longer sentences, incapacitation, and prison expansion for violent offenders. However, research on the specialization of violent crime has been largely overlooked in spite of its importance to criminal justice practitioners and public interest. To examine the specialization in crime, this research uses data collected in Ohio in 1989 on a cohort of 3,353 parolees released from prison. Specialization is defined as the exclusive admission to prison for a violent crime with a subsequent violent recidivism offense. Logistic regression is used to delineate predictors of violent specialization. Race, county of commitment, age at release, time served, number of prior felony convictions, and number of prior parole revocations are found to be related to violent specialization.     

Mental health expertise at prison reception

Although screening has become an established procedure in prison health care, some difficulties persist. In attempts to improve this, many local adaptations have been introduced, but few have been evaluated. We introduced an adaptation – mental health expertise (a Community Psychiatric Nurse, CPN) – into the reception area of a busy remand prison, and compared standard and enhanced assessment procedures over a six-month period. Referrals (n = 67) were significantly more likely to be suitable for onward caseworking by the clinical team after a CPN was introduced. The team showed little evidence of the ‘mission creep’ (where teams operating at a secondary level absorb mental health problems at a primary care level) that has been described elsewhere in the literature. Despite its limitations, this evaluation suggests that prison pathways can be improved by relatively inexpensive local initiatives, and that advancing specific mental health expertise into prison reception areas can enhance existing processes.     

An exploratory study of women prisoners’ attitudes towards their self-harm and the use of medical skin camouflage

Self-harm is a growing problem in UK prisons with women self-harming more than men. Self-harm can leave permanent scarring. Research on scarring suggests that living with scars can lead to psychological difficulties; however, there is little research on the specific effects of self-harm scars. Medical skin camouflage (MSC) can be used to cover numerous skin conditions. The use of MSC for women in prison with self-harm scars has not been examined previously. A focus group involving 10 women prisoners aimed to (1) explore feelings about self-harm scars, (2) examine effects that scars have on life in prison and (3) examine thoughts on using MSC in prison. This group formed part of a larger project designed to test the feasibility and acceptability of MSC for women who self-harm in prison. A topic guide was created with two service user researchers with experience of self-harm in prison. The results have been divided into three themes: (1) feelings about self-harm scars, (2) covering self-harm scars and (3) attitudes towards MSC. Our findings indicate that women in prison tend to feel embarrassed and self-conscious about their scars, and the presence of scars affects their relationships within prison. The women were enthusiastic about MSC, suggesting that it has the potential to affect women’s well-being and ability to engage with others.     

Making Sense out of Nonsense: The Deconstruction of State-Level Sex Offender Residence Restrictions

Releasing a sex offender from prison or placing the offender on community-based sanctions, only to have the offender commit a new sex crime, is a policy-maker’s worst nightmare. Fueled by misperceptions and public fear, sex offender laws have developed piecemeal and without rigorous empirical insight and testing. While policies and practices are well-intended, they are unlikely to resolve the very real social problem of sexual violence and may inadvertently increase victimization. Such is the possibility with residence restrictions. This type of law is among the newest in an ever-growing barrage of legislation designed specifically for sexual criminals yet what little research that exists suggests there is no correlation between residence and sexual recidivism. This article identifies 30 states with state-level residence restrictions and conducts a content analysis of each state’s legislation. Geographical and other assessments are also conducted.     

Outpatient civil commitment in Texas for management and treatment of sexually violent predators: a preliminary report

Texas established in 1999 outpatient civil commitment for sexually violent predators discharged from prison with or without parole. These individuals suffer from a behavioral abnormality, have been convicted of two or more sexually violent crimes and are deemed likely to reoffend. Civilly committed individuals are managed by a team composed of case manager (supervision), treatment provider, public safety officer (global positioning satellite monitoring), and other professionals. Treatment consists of individual and group therapy using a standard workbook. Out of 21 committed individuals, 7 are in the treatment, 1 died, 10 are in custody after breaking conditions of commitment that constitute a felony, and 3 await release from prison. Cost of outpatient civil commitment is less than $20,000/person/year compared with more than $100,000 for inpatient commitment in other states. Texas has found outpatient civil commitment to be an effective and relatively low-cost way to protect the public and treat the offender.     

Public Rewards and Innovation Policy: Lessons from the Eighteenth and Early Nineteenth Centuries

There has been renewed interest in recent years in using prizes and rewards to promote innovation. History has played a central role in public debates in the UK about the merits of such interventions, with the Longitude Prize 2014 being self‐consciously modelled on its eighteenth century precursor. Similarly, historical case studies have been used extensively in the scholarly literature in this area. However, it is striking that there has been little engagement with parliament's role generally in rewarding inventors in the eighteenth and early nineteenth centuries and how this formed part of a broader system of rewards. The article explores how this system operated and demonstrates that it formed an established part of the legal landscape for many decades. It considers the extent to which a more complete understanding of the historical use of prizes and rewards during the key period of Britain's industrialisation might inform current debates.     

Sentencing white-collar criminals: when is shaming viable?

When does shaming work as an alternative to incarceration and fines in sentencing white-collar criminals? In the light of recent economic downturn and highly publicised instances of white-collar crime, public opinion has demanded harsher sentences for white-collar criminals. In order to appease this demand, as well as consider the pressing problem of prison overpopulation, alternative sanctions, such as formal shaming, have been increasingly studied. Through examination of the costs and consequences of incarceration and shaming, this article will explain that since the costs of shaming sanctions are largely fixed, shaming sanctions are most viable when used in conjunction with alternative sanctions so that courts can impose sanction bundles of costs commensurate with the level of offense committed by an offender.     

Social relationships between prisoners in a maximum security prison: Violence, faith, and the declining nature of trust

Purpose

This paper describes significant changes to social relationships in a high security prison, including the prominent role played by faith identities and fears of radicalisation in shaping prisoner social life.

Methods

The study consists of a repeated sociological investigation of the nature of staff-prisoner relationships at a single site in the UK. Methods included extensive observation, the creation of a regular dialogue group with 14 prisoners, long, private interviews with 32 staff and 52 prisoners, focus groups, and surveys with 170 prisoners and 180 staff.

Results

The study found a decline in already low levels of trust, with dramatic effects on the prison's inner life. Relationships between prisoners were fractured, more deeply hidden than in the original study, and the traditional prison hierarchy, formerly easily visible in long-term prisons, had dissolved. Longer sentences, fears of radicalisation, confusion about prison officer power, and high rates of conversion to Islam, reshaped the dynamics of prison life, raising levels of fear. Clear indications of the anxieties and social unravellings of late modern society were found.

Conclusions

Increased punitiveness, indeterminate sentences, the intensification of risk-oriented practices, and anxieties relating to terrorism, have deepened the tone and reshaped the practices of long-term imprisonment.     

The Role of Supervising Judges in the Granting of Parole in France: A Critical Evaluation

Since World War II, France has sought to decentralize and individualize its correctional system. The major change in the process was the creation of a new judicial role, that of Supervising Judge, who would incorporate both judicial and correctional roles. Until 1972, paroles were granted solely by the Ministry of Justice in Paris. But following legislative reforms in 1970 and 1972, Supervising Judges were given increased responsibilities in these matters. As a result there has been an increase in the total number of paroles awarded since 1972.

The hoped-for reforms met with strong opposition from correctional authorities, who perceived Supervising Judges as usurping their authority. The reforms were also opposed by some trial judges who saw them as interfering with the traditional role of courts, particularly in the sentencing of offenders. The ambiguous nature of the role itself, neither clearly administrative nor clearly judicial, has contributed to the problem in the development of the institution.

A major weakness in the present system is the lack of a strong administrative infrastructure which prevents Supervising Judges from operating effectively. Few judges are assisted by counselors, parole officers, or even clerks, who are a necessary part of carrying out such broad responsibilities. Supervising Judges have been the target of public criticisms for “coddling” criminals. Since they have little independence within the judiciary, their ability to function without government pressure is limited. There is, therefore, a temptation on the part of many to play it “safe” in order not to displease the public and the judicial hierarchy. While the survival of the role itself does not appear in danger, it may be limited by further legislative restriction of its authority.     

Contemporary prison overcrowding: short-term fixes to a perpetual problem

Since the United States began using incarceration as its cornerstone of punishment for those who transgress the law, this method of discipline has been fraught with problems. One of the most ubiquitous problems found within correctional institutions are the conditions inmates are forced to live in particularly, when penal facilities are overcrowded. These conditions have led to extensive litigation, compelling the judicial system to change. Although overall conditions have improved, a perpetually increasing inmate population continues to plague correctional systems as costs continue to rise. As state budgets have become strained during the economic downturns, many states’ officials view less punitive measures as possible solutions to the excessive costs of administering punishment and overcrowded inmate populations. Due to facility overcrowding, several states have actually been placed under federal court order to reduce their inmate population in order to protect inmates’ constitutional rights. Although this has resulted in a change of policies to help alleviate prison overcrowding, there is little evidence these are anything more than short-term fixes to a problem with no end in sight.     

Incarceration and the Legitimate Labor Market: Examining Age‐Graded Effects on Employment and Wages

Over the past 30 years, the U.S. inmate population has increased dramatically, and the penal system has acquired growing attention in accounts of recent trends in economic stratification. As the prison system has expanded, its population has aged; incarceration rates have risen sharpest among older age groups. A large body of research documents differences in criminal offending and incarceration over the life course, but little attention has been paid to how the effects of spending time in prison depend on the timing of incarceration in the life course. Using state administrative data that provide significant variance in the age of offenders, this article investigates how the timing of incarceration in the life course influences its effects on post‐release employment and wages. We do not find consistent evidence that incarceration effects vary by age at admission. Instead, incarceration appears to have important consequences for employment and wage outcomes regardless of when individuals are admitted to prison. Even the most motivated offenders suffer sizeable and significant wage penalties and, over time, decreased likelihood of employment. These findings underscore the relevance of legal and institutional shifts associated with carceral expansion and the aging of the inmate population for life course theories of criminal desistance, accounts of labor market inequality, and prisoner reentry programs.     

Prison behavior and the victim-offender relationship among violent offenders

This research explores the role of the victim-offender relationship of prison inmates' commitment crimes in predicting violent offenders' behavior problems. The importance of the victim-offender relationship is supported by anecdotal accounts and theoretical reasoning which suggest that nonstranger offenders have fewer disciplinary problems in prison than stranger offenders. Inmate interviews and official data were collected from 273 violent offenders. Results suggest that inmates with more extensive rule-breaking behaviors are likely to be younger, less intelligent individuals who victimize strangers, have had more numerous juvenile convictions, and have served at least one prior prison term. Conclusions and implications for public policy are discussed.     

Suicidal behaviour in prisons: learning from Australian and international experiences

This article explores what progress researchers and policy makers have made towards understanding and responding to the problem of suicidal behaviour in custody over the last 15 years. It examines current program initiatives and strategies for minimising this behaviour. This has become an imperative issue for the Australian Capital Territory (ACT) as they are in the process of developing their first prison (due to open mid 2008). The authors of this article were asked to prepare a report as part of the development of the prison. In developing a prison the ACT Government wanted to learn from the experiences of other jurisdictions including international 'best practice'. Australian prison system agenda has been dominated since the 1990s by the Royal Commission into Aboriginal Deaths in Custody which made 339 recommendations. These recommendations have been important for developing programs for intervention and prevention of suicidal behaviour for all inmates. This article examines the experiences of Australian jurisdictions over the last 15 years since the Royal Commission report was published. For the ACT Government learning from both international and domestic experiences is essential in developing a new prison.     

Rule-making, rule-breaking? Law breaking by government in the Netherlands and the United Kingdom

This article concerns a relatively novel issue: rule breaking and unlawful conduct by government bodies; to which degree does it occur, what is the nature of this misconduct, what are the underlying motives, and what are the consequences and possible solutions? Rule and law breaking is harmful for the credibility and integrity of a state and its law enforcement system. However, very little empirical research has been carried out into this issue, in comparison to research into state crime. There is little clarity about how public actors deal with criminal and administrative laws and rules in areas like environmental protection, safety regulations and working conditions. Do government bodies set a good example? Is their behaviour better or worse than the public and businesses? An analytical framework for research will be presented and also the results of an extensive research project in the Netherlands; the main themes of which have been benchmarked against data from the United Kingdom. The article will conclude with a summary of the main findings and a number of suggestions for further research and policy development.