If You Build It,They Will Fill It: The Consequences of Prison Overcrowding Litigation

This article examines the consequences of prison overcrowding litigation for U.S. prisons. We use insights derived from the endogeneity of law perspective to develop expectations about the likely impact of overcrowding litigation on five outcomes: prison admissions, prison releases, spending on prison capacity, prison crowding, and incarceration rates. Using newly available data on prison overcrowding litigation cases joined with panel data on U.S. states from 1971 to 1996, we offer a novel and comprehensive analysis of the impact that overcrowding litigation has had on U.S. prisons. We find that it had no impact on admissions or release rates and did not lead to any reduction in prison crowding. Litigation did, however, lead to an increase in spending on prison capacity and incarceration rates. We discuss the implications of these results for endogeneity of law theory, attempts to achieve reform through litigation, and the politics of prison construction.     

Deprivation, importation, and prison suicide: Combined effects of institutional conditions and inmate composition

Previous research on suicide in United States prisons focused on the characteristics of inmates who commit suicide while largely ignoring the prison context surrounding these suicides. The following analyses used national data on 1,082 state prisons in the United States to examine how prison conditions (deprivation) and inmate composition (importation) predict prison suicide. Results of a negative binomial regression model showed that the number of suicides was significantly increased in supermaximum and maximum security prisons (relative to minimum), under conditions of overcrowding and violence, and in prisons where a greater proportion of inmates received mental health services. Although deprivation variables were overwhelmingly predictive of suicide, the results pointed to the combined effects of institutional conditions and inmate composition on prison suicide.     

The loss of local control over prison administration

The present analysis argues that state governments lack the capacity to administer prisons, and that this lack of capacity explains the loss of local control over prisons more fully than does overcrowding or judicial activism. Administrative deficiencies among state governments include a lack of commitment and ability to comply with federal court orders, an unwillingness to institute certifiable grievance systems, and a lack of legal defense expertise. Characteristics of state governments which help to explain administrative deficiencies also are identified. Among these are a lack of gubernatorial power, high degrees of administrative autonomy and instability, and failures to treat prisons as limited resources. It is concluded that political development is required before state governments can regain control over prison administration.     

An ecological study of factors associated with rates of self-inflicted death in prisons in England and Wales

This study describes ecological associations between self-inflicted death rates and prison-level environmental indicators over the period 2000-2002 in England and Wales. The objective was to assist in the development of interventions for reducing the incidence of self-inflicted deaths in prisons in England and Wales, by identifying risk factors, including overcrowding, positive drug tests, the number of assaults, purposeful activity, offending behaviour programmes, and cost per prisoner. Poisson regression was used to estimate associations between self-inflicted death rates and these potential risk factors, controlling for different categories of prison. The annual rate of self-inflicted death during 2000-2002 was 1.14 per 1000 (95% CI 0.98 to 1.34), with no evidence for a difference in the two years. Highest rates were in the Male Local and Women's prisons at 1.86 (95% CI 1.42 to 2.26) and 2.27 (95% CI 1.35 to 3.84) per 1000 respectively. In a multivariate analysis, overcrowding, assault rate and purposeful activity were significant. In an analysis controlling also for prison category, only purposeful activity remained independently significant, as a protective factor (RR 0.57, 95% CI 0.35 to 0.92, p=0.02) with weaker evidence for a positive association with positive drug tests (RR 1.41, 95% CI 0.96 to 2.05, p=0.08). Despite concerns about the quality of routinely collected data and the interpretation of ecological associations, this study suggests that a higher level of purposeful activity is independently associated with lower rates of self-inflicted death, whatever the prison category. This adds support to other studies conducted at the level of the individual prisoner.     

Restorative justice in prisons

Restorative justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution. While not every case can, or perhaps should be considered for restorative justice processing inside the prison, some could easily fall into the broad purview range of restorative and transformative justice. We provide examples of RJ practices that exist in some prisons focusing on: offending behavior and victim awareness programs, community service work, and victim‐offender mediation, as well as prison systems that exhibit a RJ philosophy. Also considered are the effectiveness of prison RJ practices, and the limitations of such efforts. Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial form. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating.     

Demographically disaggregated projections of prison populations

The need for improved long-run projections of prison populations has increased in recent years because of record-high numbers of inmates and severe overcrowding in state and federal prisons, and because of the growing importance of changing demographic factors in influencing corrections populations. A model is developed for projecting: general population demographics; demographic- and offense-specific arrest rates, imprisonment probabilities, and times served; and then the size and composition of prison populations. Model parameters are estimated for Pennsylvania and are shown to be sensitive to demographic factors, particularly age and race. Projections of future arrests, prison commitments, and prison population are developed for Pennsylvania using projections of demographic changes in the state's population. Arrests are expected to peak in 1980, prison commitments are expected to peak in 1985, and prison populations are expected to peak in 1990, with the subsequent declines reflecting the maturation of the postwar baby boom children out of the highly crime-prone ages and, somewhat later, out of the highly prison-prone ages.     

The presentation of self in everyday prison life

Today, Italian prisons are reporting the highest level of overcrowding ever recorded. In reference to this situation, this article proposes an ethnographic study carried out inside the prison of Padua as a voluntary 2 years’ experience. It documents the values and conventions that convicts share in prison and details the ways in which prisoners constantly construct and adapt to an informal conduct’s rule system, the inmate code. It also illustrates the interactions among fellow prisoners as scenes or plays enacted by various teams. The prisoners’ words reveal a complex universe based upon three basic conditions: loyalty, discipline and circumspection. Finally, we argue about the fading of the distinction between the prison front stage and the back stage and we analyse the possible consequences.     

A Recent Look at U.S. Prisoners in Mexican Border Prisons

There is little analysis of the impact of the United States on Mexican prisons. This research examines the presence of United States citizens and the “War on Drugs” in Tamaulipas, Mexico, prisons. There has been a marked increase in the number of U.S. citizens, and prisoners, in general, in Tamaulipas prisons in the last three years (90% of these are incarcerated for drug trafficking). This increase is attributed to Mexican President Salinas' active support for the “War on Drugs” and success in capturing narcotics traffickers. This has led to overcrowding in Tamaulipas border prisons, in comparison with Victoria located in the interior. We also interviewed U.S. prisoners located in Reynosa State prison. The majority indicated abuse at the hands of Federal Judicial Police while arrested, and were planning to transfer out of Mexico through the Mexican-U.S. treaty exchange.     

Prisons and Crime, Backwards in High Heels

Objectives

Prisons reduce crime rates, but crime increases prison populations. OLS estimates of the effects of prisons on crime combine the two effects and are biased toward zero. The standard solution—to identify the crime equation by finding instruments for prison—is suspect, because most variables that predict prison populations can be expected to affect crime, as well. An alternative is to identify the prison equation by finding instruments for crime, allowing an unbiased estimate of the effect of crime on prisons. Because the two coefficients in a simultaneous system are related through simple algebra, we can then work backward to obtain an unbiased estimate of the effect of prisons on crime.

Methods

Potential instruments for crime are tested and used to identify the prison equation for the 50 U.S. states for the period 1978–2009. The effect of prisons on crime consistent with this relationship is obtained through algebra; standard errors are obtained through Monte Carlo simulation.

Results

Resulting estimates of the effect of prisons on crime are around ?0.25 ± 0.15. This is larger than biased OLS estimates, but similar in size to previous estimates based on standard instruments.

Conclusions

When estimating the effect of a public policy response on a public problem, it may be more productive to find instruments for the problem and work backward than to find instruments for the response and work forward.     

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.     

Authoritarianism,creativity, and other aspects of a prison organization

Conclusion This analysis shows that no simple explanation will do when trying to understand a prison. The authoritarian aspects were very negative to me as a professional working there. I did not like being blamed for things I did not do, or being sent to numerous required training programs, almost all of which were worthless for me, telling me thing 1 already knew or could not use. However, there were positive sides to the prison, especially in the treatment aspect. In 1972 Messinger wrote “I must take the position that prisons and custodial mental hospitals should be abolished” (Messinger, 1972, P. 6). His position was that these institutions are so inhumane that society would be better served by their abolition. We probably need more analyses like the present one, and other studies which rely more heavily on more gathering of quantitative data in order to understand what prisons are really like. Only then can we make informed choices, without depending on stereotypes.     

Intensive probation: An examination of recidivism and social adjustment

Intensive supervision was began as an extension of regular probation for those offenders who needed closer surveillance. However, in the last decade, Intensive Supervision has been used increasingly as an alternative to incarceration in order to help alleviate the problem of overcrowding in our prisons. In the eight-year period from 1977 to 1985, the prison population of this country has increased 68 percent. In view of this, many states are using intensive supervision as one alternative to reduce commitment rates. This study examines the effectiveness of one such program called the Intensive Treatment Supervision Program which operates out of the Montgomery County Adult Probation Department, Dayton, Ohio. The performances of probationers on intensive supervision are compared to a group of probationers on regular supervision to determine whether intensive supervision, through improved service delivery, can have an impact on high risk probationers and serve as a basis for a program to divert offenders from overcrowded facilities.     

Examining the empirical relationship between prison crowding and inmate misconduct: A meta-analysis of conflicting research results

Incarceration rates in the United States dramatically increased over the past several decades. This trend has drawn significant academic attention to prison overcrowding and its potential effect on inmate misconduct. The empirical relationship between inmate misconduct and overcrowding, however, is less than clear. To be sure, studies indicating positive, negative, and null relationships can all be found in the literature. The current research subjects this body of literature to a meta-analysis in an effort to: (1) clarify the direction and strength of the relationship between overcrowding and rates of prison misconduct across all studies, and (2) to uncover the degree to which variation in research outcomes can be attributed to methodological differences across studies. Results indicate that prison crowding has little substantive impact on inmate misconduct. Implications of the findings are discussed in detail.     

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.     

Penal austerity: Perceived utility, desert, and public attitudes toward prison amenities

Several states have reduced or eliminated a variety of amenities for prisoners. It is unclear, however, whether the general public supports making prisons harsher and more austere. Using a sample of 200 citizens from central Florida, the present study finds less support for prison austerity than commonly assumed. In addition, these preferences are linked to particular correctional goals, especially concerns about utility and desert.     

The Impact of Job Characteristics on Private Prison Staff: Why Management Should Care

The number of private prisons run by corporate security businesses has increased rapidly throughout the past two decades. There has been a parallel increase in literature, both pro and con, comparing the efficiency and effectiveness of private and public prisons; however, private prison staff has been largely ignored. OLS regression analysis of a survey of 160 employees at a Midwestern private prison facility showed that the job characteristics of job stress, supervision, and job variety were far more important than personal characteristics of race/ethnicity, gender, age, tenure, education and position in influencing staff job satisfaction and organizational commitment. Specifically, job stress had the largest impact on job satisfaction, while quality of supervision had the greatest impact on organizational commitment.     

An empirical assessment of the effects of prison crowding upon recidivism utilizing aggregate level data

The problem of prison overcrowding has become one of the central issues in corrections during the last decade. Most studies addressing this topic have dealt with the consequences of the overcrowding upon physiological and behavioral problems associated with the inmate while incarcerated. The present study examines the effect of prison overcrowding upon post-release behavior, for example, recidivism. Drawing from official prison data from the state of Georgia for the years 1971 through 1978, it shows that prison density is a poor predictor of recidivism. The article further argues that any research utilizing aggregate data is susceptible to overestimating relationships. Moreover, it suggests that any research attempting to address the issue of overcrowding and recidivism should develop models that are sensitive to the problems associated with aggregation. Finally, the present study demonstrates that age is the critical variable that must be included in any study that addresses the issue of recidivism.     

Prison Administration in Modern Nigeria

The Nigerian prison system, as it is known today, was introduced by the British during the time when Nigeria was her colony (1861–1960). The British left a two-tier system (Native and Federal) of prisons which became unified into one prison system in 1968. The Nigerian prison system is headed by a Director who is assisted by Assistant Directors, Chief Superintendents, Superintendents and Assistant Superintendents of prisons. These are all senior officers. The junior level is comprised of wardens of various grades. Both junior and senior officers wear uniforms. Classification of prisons and prisoners is rather loose and sometimes arbitrary—leading to occasional mixing of first offenders and career criminals. The aim of imprisonment is not specifically spelled out in any statutes or decrees. The problems of prison administration in Modern Nigeria include high staff turnover rate, inadequate classification of inmates, etc. To alleviate such problems it will be necessary to review and improve the general working conditions for staff, find alternatives to imprisonment, and carry on more research on criminality in Nigeria. Many of these will be easy to carry out if the government provides sufficient funding.