Incarceration and the Law, Cases and Materials


Book Description

In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.




American Prison


Book Description

An enraging, necessary look at the private prison system, and a convincing clarion call for prison reform.” —NPR.org New York Times Book Review 10 Best Books of 2018 * One of President Barack Obama’s favorite books of 2018 * Winner of the 2019 J. Anthony Lukas Book Prize * Winner of the Helen Bernstein Book Award for Excellence in Journalism * Winner of the 2019 RFK Book and Journalism Award * A New York Times Notable Book A ground-breaking and brave inside reckoning with the nexus of prison and profit in America: in one Louisiana prison and over the course of our country's history. In 2014, Shane Bauer was hired for $9 an hour to work as an entry-level prison guard at a private prison in Winnfield, Louisiana. An award-winning investigative journalist, he used his real name; there was no meaningful background check. Four months later, his employment came to an abrupt end. But he had seen enough, and in short order he wrote an exposé about his experiences that won a National Magazine Award and became the most-read feature in the history of the magazine Mother Jones. Still, there was much more that he needed to say. In American Prison, Bauer weaves a much deeper reckoning with his experiences together with a thoroughly researched history of for-profit prisons in America from their origins in the decades before the Civil War. For, as he soon realized, we can't understand the cruelty of our current system and its place in the larger story of mass incarceration without understanding where it came from. Private prisons became entrenched in the South as part of a systemic effort to keep the African-American labor force in place in the aftermath of slavery, and the echoes of these shameful origins are with us still. The private prison system is deliberately unaccountable to public scrutiny. Private prisons are not incentivized to tend to the health of their inmates, or to feed them well, or to attract and retain a highly-trained prison staff. Though Bauer befriends some of his colleagues and sympathizes with their plight, the chronic dysfunction of their lives only adds to the prison's sense of chaos. To his horror, Bauer finds himself becoming crueler and more aggressive the longer he works in the prison, and he is far from alone. A blistering indictment of the private prison system, and the powerful forces that drive it, American Prison is a necessary human document about the true face of justice in America.




Prison Violence


Book Description

Drawing on a range of research and media sources to provide an international perspective on the topic of prison violence, this book focuses on the impact of such violence on the individual both while he or she is incarcerated and upon his or her release from prison, as well as on society as a whole. With a special emphasis on comparisons of violence among incarcerated populations in the United States, Canada and the United Kingdom, Prison Violence: Causes, Consequences and Solutions explores the various systems that exist to combat the problem, whilst also considering public perceptions of offenders and punishment, as influenced by media and coverage of high-profile cases. Providing a comprehensive analysis of prison violence on national and international levels, this book examines the extent of the problem, theoretical understandings of the issue and concrete solutions designed to prevent and handle such violence. As such, it will be of interest to policy makers as well as scholars of sociology, criminology and penology.







Prisoners, Solitude, and Time


Book Description

Examining two overlapping aspects of the prison experience that, despite their central importance, have not attracted the scholarly attention they deserve, this book assesses both the degree to which prisoners can withstand the rigours of solitude and how they experience the passing of time. In particular, it looks at how they deal with the potentially overwhelming prospect of a long, or even indefinite, period behind bars. While the deleterious effects of penal isolation are well known, little systematic attention has been given to the factors associated with surviving, and even triumphing over, prolonged exposure to solitary confinement. Through a re-examination of the roles of silence and separation in penal policy, and by contrasting the prisoner experience with that of individuals who have sought out institutional solitariness (for example as members of certain religious orders), and others who have found themselves held in solitary confinement although they committed no crime (such as hostages and some political prisoners), Prisoners, Solitude, and Time seeks to assess the impact of long-term isolation and the rationality of such treatment. In doing so, it aims to stimulate interest in a somewhat neglected aspect of the prisoner's psychological world. The book focuses on an aspect of the prison experience - time, its meanderings, measures, and meanings - that is seldom considered by academic commentators. Building upon prisoner narratives, academic critiques, official publications, personal communications, field visits, administrative statistics, reports of campaigning bodies, and other data, it presents a new framework for understanding the prison experience. The author concludes with a series of reflections on hope, the search for meaning, posttraumatic growth, and the art of living.




The Growth of Incarceration in the United States


Book Description

After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.




The Deviant Prison


Book Description

A compelling examination of the highly criticized use of long-term solitary confinement in Philadelphia's Eastern State Penitentiary during the nineteenth century.







Global Perspectives on People, Process, and Practice in Criminal Justice


Book Description

The United States incarcerates nearly one quarter of the world’s prison population with only five percent of its total inhabitants, in addition to a history of using internment camps and reservations. An overreliance on incarceration has emphasized long-standing and systemic racism in criminal justice systems and reveals a need to critically examine current processes in an effort to reform modern systems and provide the best practices for successfully responding to deviance. Global Perspectives on People, Process, and Practice in Criminal Justice is an essential scholarly reference that focuses on incarceration and imprisonment and reflects on the differences and alternatives to these policies in various parts of the world. Covering subjects from criminology and criminal justice to penology and prison studies, this book presents chapters that examine processes and responses to deviance in regions around the world including North America, Europe, the Middle East, and Asia. Uniquely, this book presents chapters that give a voice to those who are not always heard in debates about incarceration and justice such as those who have been incarcerated, family members of those incarcerated, and those who work within the walls of the prison system. Investigating significant topics that include carceral trauma, prisoner rights, recidivism, and desistance, this book is critical for academicians, researchers, policymakers, advocacy groups, students, government officials, criminologists, and other practitioners interested in criminal justice, penology, human rights, courts and law, victimology, and criminology.




Constitutional Rights of Prisoners


Book Description

This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.