Correctional officers and prevention of HIV transmission among prisoners

The problem of HIV transmission in prisons in Québec and elsewhere is increasingly urgent and requires the attention of federal and provincial authorities. Prison officers are among the key players who should be kept in mind when preventive measures are being developed. We reprint the executive summary of a study conducted in federal and provincial prisons in Québec. The goal of the study was to identify the factors influencing prison officers, with respect to whether they would agree or refuse to make accessible the tools needed for the prevention of HIV transmission among inmates (i.e., condoms, bleach, tattooing equipment, and needles). Among the factors studied are officers' perceptions and beliefs as well as their attitudes, perceived social norms, emotions, and perceived barriers with respect to making preventive tools accessible.     

Revalidating the salient factor score: A research note

In conjunction with a system of explicit decision-guidelines, the United States Parole Commission uses an actuarial instrument as an aid in assessing risk of recidivism. Known as a “salient factor score,” the instrument currently employed by the Parole Commission was constructed on a sample of federal prisoners released in 1970, and initially validated on two samples of federal prisoners released in 1971 and 1972. Since the power of any predictive instrument may change over time, periodic revalidation is essential. In this note, revalidation of the salient factor score, using a sample of federal prisoners released in 1976 (N = 1260), is described.     

Social support among releasing men prisoners with lifetime trauma experiences

High rates of lifetime trauma experiences exist among men incarcerated in US state and federal prisons. Because lifetime trauma experiences have been linked to problematic behavioral and psychiatric outcomes for incarcerated populations, trauma-informed interventions could improve post-release well-being of releasing men prisoners with trauma histories. Social support has consistently been found to have a positive impact on trauma-related outcomes in non-incarcerated populations. Therefore, it is reasonable to hypothesize that social support may be an important intervention component for releasing men prisoners with trauma experiences; yet, the relationship between trauma experiences, psychiatric and behavioral factors, and social support has received almost no attention in research with men prisoners. Using a probability sample of 165 soon-to-be-released men, the present study examined differences in certain demographic, criminal justice history, mental health, substance abuse, and social support (type, quality, amount, and source) variables between releasing men prisoners with and without lifetime trauma experiences. Results indicate that men with trauma histories had more negative social support experiences and fewer positive social support resources before prison than their counterparts. Men with trauma histories also had more lifetime experiences with mental health and substance use problems. On further investigation of the subsample of men with trauma histories, those who were older, had substance use disorders, and histories of mental health problems anticipated fewer post-release social support resources. Study findings underscore the nuances of social support for men prisoners with trauma experiences and point to implications for future directions in targeted trauma-informed intervention development for releasing men prisoners.     

Expanding the Feminist Pathways Perspective beyond the United States: A Profile of Federal Women Prisoners in Argentina

A large body of knowledge within the criminological discipline has demonstrated that women and girls have distinct social and psychological risk factors that contribute to both their initial onset, and continued engagement, in offending behavior. However, most of this research has focused on U.S. samples of women offenders. Using mixed methods, the current research investigated the offense dynamics and possible risk factors for women’s imprisonment with incarcerated women (246 survey respondents; 12 interviewees) in the Argentine federal penitentiary system. We find that there are some similarities in the characteristics of women prisoners in Argentina and the characteristics of women prisoners in the United States, but also some distinctions, primarily in the prevalence of prior victimization. In addition, our results indicate that federal women prisoners in Argentina who reported serious prior abuse were more likely to have committed crimes against persons in comparison to women without abuse histories. Such a distinction supports the ongoing research investigating women offender profiles beyond U.S. samples.     

THE PROSECUTION AND PUNISHMENT OF INTERNATIONAL TERRORISTS IN FEDERAL COURTS: 1980–1998*

Research Summary: This study reports findings from the American Terrorism Study. The data show that from 1980 to 1998, the U.S. government periodically tried accused domestic and international terrorists through the use of traditional criminal trials. The extent to which federal prosecutors “explicit politicized” these trials (and the success that the politicization had) varied among the types of terrorist groups. Explicit politically was not found to be successful in trials of domestic terrorists but seemed to work for trials involving international terrorists. Over the 20‐year period, however, federal prosecutors began to rely more heavily (and more successfully) on the politicization of the criminal acts by international terrorists. The results also show that international terrorists, like their domestic counterparts, are much less likely to plead guilty. Finally, the study shows that these traditional trials have resulted in international terrorists being punished more severely than domestic terrorists. Unfortunately, the practice of performing these politicized trials within the venue of the federal court system may have been compromised by defense strategies that capitalized on the due process procedures so prominent in the U.S. system of justice. In the wake of the terrorism attacks in September 2001 by foreign nationals, the federal government began to take the next step in its “war against terrorism” by instituting the use of military tribunals. Policy Implications: Although the federal government has been relatively successful in the prosecution of terrorism in America in the past two decades, the movement toward the use of military tribunals has perhaps become inevitable (as the use of the traditional criminal trial for international terrorists manifests weaknesses). In the short term, it is likely that several international terrorism cases stemming from the September 2001 attacks and other subsequent attacks (which may be presumed) will be tried in federal courthouses across the country (even with the advent of military tribunals). Federal prosecutors will need to be trained on the specifics of trying these kinds of cases. In the long term, the use of military tribunals will provide greater ease of prosecution for the federal government. Long‐term consequences such as retaliatory attacks and attacks aimed at the release of political prisoners cannot be ignored by policy makers.     

US Judge: inadequate medical care for HIV-positive prisoners is a violation of rights

A federal judge in the United States has determined that Alabama prison officials violated HIV-positive prisoners' constitutional rights and that poor medical care caused HIV-positive prisoners to die early.     

A Tale of Two Laws: The U.S. Congress Confronts Habeas Corpus Petitions and Section 1983 Lawsuits

Actions by state prisoners have comprised a large and growing body of litigation in the U.S. federal courts over the past thirty years. State prisoners can challenge the validity of their state trial court convictions (habeas corpus petitions) and the constitutionality of the conditions of their confinement to state prisons and jails (Section 1983 lawsuits). Currently, one out of every five civil cases filed in the federal system is brought by a jail or prison inmate. When in the past did these cases begin to arise? What is the present trend? What does the future hold concerning the number of cases likely to be filed? These questions are at the heart of the current research. Care is needed in addressing these queries because it is neither easy nor obvious to know what propels the volume of litigation. Moreover, the future is especially difficult to predict in light of recent legislation adopted by the United States Congress to limit the number of habeas corpus petitions and the number of Section 1983 lawsuits filed each year. The unique contribution of the current research is threefold. First, an improved methodology is used to describe past patterns and to forecast future trends. Simply stated, prisoner litigation is hypothesized to be related to the number of prisoners. As the number of prisoners increases, the volume of litigation increases proportionately. What is not obvious about this relationship is that it has persisted over the past decades despite substantial changes in legal doctrines designed to affect the filing of the litigation. Second, the effects of two major congressional actions passed in 1996 to limit prisoner litigation are examined and assessed for their success in achieving their intended objectives. The first of these, the Antiterrorism and Effective Death Penalty Act, which sought to restrict habeas corpus petitions, is judged to have virtually no impact. The second piece of legislation, the Prisoner Litigation Reform Act, which sought to curtail lawsuits against correctional officials, appears to have lowered the volume of litigation in the short‐term, but has not disrupted the underlying link between the number of prisoners and the number of lawsuits. Finally, estimates are made of the future volume of litigation and the corresponding number of federal judges needed to resolve prisoner litigation. These estimates have the advantage of being based on significant statistical relationships and accounting for the effects of recent congressional action.     

Twenty years of operational use of a risk prediction instrument: The United States parole commission's salient factor score

Although empirically-based recidivism prediction instruments were developed as far back as the 1920s, the adoption of the Salient Factor Score by the federal parole board in 1972—as part of a system of explicit parole decisionmaking guidelines—marked the first time that such an instrument was used in a way that had a definite, measurable impact on paroling decisions. The Salient Factor Score has been used in federal parole decisionmaking continuously for the past twenty years. It is axiomatic that a prediction instrument, particularly an instrument used in actual case decisionmaking, be revalidated periodically to ensure that it has retained predictive accuracy. In this article, the predictive accuracy of the Salient Factor Score over time is examined using data on three, large random samples of federal prisoners released in 1970–1972, 1978, and 1987. In addition, the relationship of the Salient Factor Score to the Criminal History Score of the new federal sentencing guidelines—which apply to defendants convicted of federal offenses committed on or after November 1, 1987—is discussed.     

A Legacy of Harm: Punitive Drug Policies and Women’s Carceral Experiences in Canada

There is limited research on the gendered impacts of drug policies in Canada, despite the fact that women, Indigenous women in particular, are the country’s fastest growing prisoner population, with many incarcerated for drug-related crimes. This article highlights the results of a larger qualitative study with former prisoners in Ontario and community and medical experts from across the country. Focusing on the women research participants, we consider the lack of adequate and culturally-relevant substance use and harm reduction programming in federal prisons, and suggest a reformulation of Canada’s punitive drug policies toward a health and social welfare approach.     

ISSUES AND MISCONCEPTIONS IN PRISONER LITIGATION: A CRITICAL VIEW*

In the past quarter-century, the number of suits filed by prisoners in federal courts has substantially increased. Critics have borrowed metaphors from ballistics or pathologv to describe this increase as an “epidemic” of “legal pollution” or an “explosion.” The causes of this “hyperlexis,” or excessive litigation, are often attributed to prisoners' attempts to retry their cases once they have lost, or to some psychological attribute of plaintiffs who view litigation as a means of striking back at their keepers. This paper examines several common conceptions of prisoner litigation. National ling data from federal district courts are used to assess the merits of each. The data provide little support for many of the conceptions of and explanations for prisoner suits. It is suggested that prisoners' use of courts may be a form of social resistance to conditions for which there is no other legitimate avenue for relief:     

Tombstone Towns and Toxic Prisons: Prison Ecology and the Necessity of an Anti-prison Environmental Movement

Within the field of green criminology, scant attention has been paid to prison ecology, or the unique characteristics of the common environments of correctional facilities. As investigative reports by human rights and prison abolition organizations have highlighted, there is growing evidence to suggest a systemic pattern of prisoners being exposed to environmental injustices resulting from their proximity to federal Superfund and other contaminated sites. One of the most expensive Superfund sites in the Midwest, the former Velsicol Chemical Corporation plant site in St. Louis, Michigan has been contaminated with DDT, PBB and pCBSA. Located one and a half miles from the site is one of the State’s largest correctional compounds- the Central Michigan and St. Louis Correctional facilities- which house more than 3500 prisoners who are disproportionately men of color. Despite multiple civil rights lawsuits filed by prisoners at the facility, little has been done to address the problems of water contamination at the prison. Furthermore, the failure of the Environmental Protection Agency to consider prisoners within federal environmental justice guidelines facilitates continued harm for this vulnerable population. Given the increasing revelations of toxic prisons across the U.S., it is necessary for environmentalists and green criminologists to work together with prison abolition organizations to fight the epidemic of toxic prisons.     

Health care needs assessment of federal prisoners in Canada released

On 7 April 2004, Correctional Services Canada (CSC) released a comprehensive profile of the health needs of federal prisoners in Canada, published in a special supplement to the Canadian Journal of Public Health.     

Scaling Up or Scaling Back? The Pitfalls and Possibilities of Leveraging Federal Interventions for Abolition

Antiprison activists have often turned the federal court system to reduce the violence of the carceral state. However, such reform attempts have too often had the unintended consequence of fortifying the penal system. In this article, I interrogate one such intervention—a federal court order that encompassed the Louisiana Department of Corrections from 1975 to 1998. I argue that while the lawsuit was declared a success in reforming Angola, the federal court’s intervention buttressed and legitimated the growth of the Louisiana penal system. This paradox was produced through the limits of liberal reform ideology that failed to recognize the structural violence of incarceration. Rather, the federal courts located violence with prisoners instead of the punitive power of the state and racial capitalism. This framework not only led to an increase in punitive practices within Angola, it came to underpin penal expansion as the primary solution to cyclical overcrowding.     

The influence of prisons on inmate misconduct: A multilevel investigation

This article presents the results of multilevel analyses of prisoners' misconduct for the population of over 120,000 federal prisoners incarcerated in June 2001. Prior research has focused on individual-level explanations of inmate misconduct, but this study explicitly examines whether prisons vary in their influence on such misconduct. The study demonstrates that model specification makes a difference in our understanding of which variables are related to misconduct, that the type of misconduct is important for understanding the effects of covariates of misconduct, and that results of multilevel models can easily be used to compare the performance of prisons.     

Post release arrest experiences of federal prisoners: A six-year follow-up

The likelihood of further criminal conduct is important in allocation decisions for parole supervision resources. In this article, the relationship between arrest-free time after release (alone and in combination with other variables) and the probability of subsequent arrest is examined for a relatively large random sample of released federal prisoners (N=1,806). A six-year follow-up period is made possible by the use of “rap sheet” records provided by the Federal Bureau of Investigation.Knowledge of this relationship may be used to provide empirical guidance for decisions about the intensity and/or duration of supervision; and a method for the practical application of this knowledge in case decision-making is illustrated.     

DOES IMPRISONMENT ALTER THE LIFE COURSE? EVIDENCE ON CRIME AND EMPLOYMENT FROM A NATURAL EXPERIMENT

Ex‐prisoners consistently manifest high rates of criminal recidivism and unemployment. Existing explanations for these poor outcomes emphasize the stigmatizing effects of imprisonment on prisoners seeking postrelease employment as well as the deleterious effects of imprisonment on prisoners’ attitudes and capabilities. However, these explanations must be distinguished from selection effects in the criminal sentencing process, which also could explain some or all of these poor outcomes. To distinguish between criminogenic and selection explanations for ex‐prisoners’ postrelease experience, I analyze data from a natural experiment in which criminal cases were assigned randomly to judges with sizable sentencing disparities. Using these exogenous sentencing disparities, I produce unbiased estimates of the causal effects of imprisonment on the life course. The results of this analysis suggest that selection effects could be sufficiently large to account for prisoners’ poor postrelease outcomes because judges with large sentencing disparities in their use of imprisonment had similarly high caseload unemployment and criminal recidivism rates.     

Legal Regulation of the Use of Race in Medical Research

In this article, we discuss current legal restrictions governing the use of race in medical research. In particular, we focus on whether the use of race in various types of research is presently permitted under federal law and the federal constitution. We also discuss whether federal restrictions on the use of race in research ought to be expanded, and whether federal policies that encourage the use of race ought to be abandoned.     

Prisoners' expectations of the national forensic DNA database: surveillance and reconfiguration of individual rights

In this paper we aim to discuss how Portuguese prisoners know and what they feel about surveillance mechanisms related to the inclusion and deletion of the DNA profiles of convicted criminals in the national forensic database. Through a set of interviews with individuals currently imprisoned we focus on the ways this group perceives forensic DNA technologies. While the institutional and political discourses maintain that the restricted use and application of DNA profiles within the national forensic database protects individuals' rights, the prisoners claim that police misuse of such technologies potentially makes it difficult to escape from surveillance and acts as a mean of reinforcing the stigma of delinquency. The prisoners also argue that additional intensive and extensive use of surveillance devices might be more protective of their own individual rights and might possibly increase potential for exoneration.     

Reporting recidivism rates: The criterion and follow-up issues

Although the topic of recidivism invariably elicits much interest, there appears to be considerable conflict and uncertainty as to even crude estimates of the recidivism rate for persons released from prison. The purpose of this research was to examine the extent to which this apparent confusion may be explained by different methodological choices of criterion measure or length of follow-up. Through the cooperation of the Federal Bureau of Investigation, rap sheet follow-up information for a six-year period was obtained for a relatively large random sample of federal prisoners released in 1970. This data enabled calculation of recidivism rates using various criterion measures and follow-up periods applied to the same sample. The effect of varying these definitions on the recidivism rate obtained can then be directly observed.