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1
Waks, Allison. « Federal Incarceration by Contract in a Post-Minneci World : Legislation to Equalize the Constitutional Rights of Prisoners ». University of Michigan Journal of Law Reform, no 46.3 (2013) : 1065. http://dx.doi.org/10.36646/mjlr.46.3.federal.
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In the 2012 case Minneci v. Pollard, the United States Supreme Court held that federal prisoners assigned to privately-run prisons may not bring actions for violations of their Eighth Amendment right against cruel and unusual punishment and may instead bring actions sounding only in state tort law. A consequence of this decision is that the arbitrary assignment of some federal prisoners to privately-run prisons deprives them of an equal opportunity to vindicate this federal constitutional right and pursue a federal remedy. Yet all federal prisoners should be entitled to the same protection under the United States Constitution-regardless of the type of prison to which they are assigned. This Note discusses the national trend toward prison privatization and the current asymmetry in legal protections and remedies available to prisoners depending on whether they are assigned to federally-run or privately-run prisons. It concludes by proposing federal legislation that would provide uniformity in the protection of federal prisoners against cruel and unusual punishment.
2
Sady, Stephen R. « State Sovereignty and Federal Sentencing ». Federal Sentencing Reporter 27, no 1 (1 octobre 2014) : 56–61. http://dx.doi.org/10.1525/fsr.2014.27.1.56.
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This article addresses one of the most difficult areas of federal sentencing law: concurrent and consecutive sentences in dual state and federal prosecutions. Prior to the Sentencing Reform Act, the Supreme Court in Ponziset out the norm of full comity and mutual respect for the respective judgments of state and federal courts. In implementing the SRA, the Bureau of Prisons has interpreted statutes to, in effect, assert federal supremacy over state judgments, claiming the authority to execute a sentence as consecutive even where the federal judgment is silent on the issue and the state judgment calls for concurrency. This practice violates the separation of powers and the required comity for state and federal law enforcement authority. When viewed together, the Supreme Court’s recent decisions in Setserand Bond establish that the Bureau of Prisons must defer to a state court judge’s concurrency decision when the federal judgment is silent on the question. First, Setseremphasized that the concurrent/consecutive decision is a core judicial function, highlighting the separation of powers problems inherent in the Executive Branch both prosecuting a defendant and determining the amount of time the prisoner will serve. Second, in limiting the scope of federal law enforcement pursuant to a treaty, Bondheld that, absent a clear statement from Congress, federal law does not override "the usual constitutional balance of federal and state powers." In the sentencing context, because Congress has not authorized intrusion into state sentencing power, the BOP has no authority to trump a state judgment of concurrency because only the state has the power to say how much, or how little, punishment the defendant should receive for a violation of a state statute. To avoid serious constitutional questions, the courts should construe any of three federal sentencing statutes -- 18 U.S.C. §§ 3584, 3585(b), and 3621(e) -- in a manner that restores the constitutional balance and protects prisoners from over-incarceration.
3
Parkes, Debra. « Solitary Confinement, Prisoner Litigation, and the Possibility of a Prison Abolitionist Lawyering Ethic ». Canadian Journal of Law and Society / Revue Canadienne Droit et Société 32, no 02 (août 2017) : 165–85. http://dx.doi.org/10.1017/cls.2017.16.
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Abstract This paper considers the role that litigation might play in ending the human rights crisis of solitary confinement in Canada while also examining the relationship of prisoner rights litigation to broader, anti-carceral social movements. The paper proceeds in four parts. The first section provides a brief overview of the widespread use of solitary confinement in Canada’s federal prisons and in provincial and territorial jails. Next, current litigation seeking an end to solitary confinement in the federal prisons system is located in the context of a long history of prisoner rights litigation in both the US and Canada. The third section considers the possibilities and challenges of pursuing prisoner rights litigation with broader critiques of the carceral state in mind. The paper ends with examples of anti-carceral lawyering efforts and identifies some elements of a prison abolitionist lawyering ethic.
4
Sims, Kaitlyn M., Jeremy Foltz et Marin Elisabeth Skidmore. « Prisons and COVID-19 Spread in the United States ». American Journal of Public Health 111, no 8 (août 2021) : 1534–41. http://dx.doi.org/10.2105/ajph.2021.306352.
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Objectives. To empirically evaluate the relationship between presence of a state or federal prison and COVID-19 case and death counts. Methods. We merged data on locations of federal and state prisons and of local and county jails with daily case and death counts in the United States. We used a selection-on-observables design to estimate the correlation between prisons and COVID-19 spread, controlling for known correlates of COVID-19. Results. We found empirical evidence that the presence and capacities of prisons are strong correlates of county-level COVID-19 case counts. The presence of a state or federal prison in a county corresponded with a 9% increase in the COVID-19 case count during the first wave of the pandemic, ending July 1, 2020. Conclusions. Our results suggest that the public health implications of these facilities extend beyond the health of employees and incarcerated individuals, and policymakers should explicitly consider the public health concerns posed by these facilities when developing pandemic-response policy.
5
Morton, Claire, Rachel Nathan, Anjana Chacko et Raya Kheirbek. « Missed Opportunities for Compassion : A Call to Action for Incarcerated Individuals Denied Compassionate Release ». Innovation in Aging 5, Supplement_1 (1 décembre 2021) : 884–85. http://dx.doi.org/10.1093/geroni/igab046.3218.
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Abstract In 2016, a total of 4,117 state and federal prisoners died in publicly or privately operated prisons. Each year from 2001 to 2016, an average of 88% of deaths in state prisons were due to natural causes, with more than half of those due to cancer, heart disease or liver disease, conditions for which non-incarcerated citizens often benefit from palliative care and hospice. Prisoners age 55 and older are the fastest-growing segment of the population residing in prisons, as well as those with the highest mortality rate. Compassionate release of seriously ill prisoners became a matter of federal statute in 1984 and has currently been adopted by the majority of U.S. prison jurisdictions. The spirit of the mandate is based on the idea that catastrophic health conditions ie terminal illness affect the four principles of incarceration: retribution, rehabilitation, deterrence, and incapacitation. Concerned about an aging prison population, overcrowded facilities, and soaring costs, many policy makers are calling for a wider use of compassionate release for persons with terminal illness as well as broader prison reform. The prognosticating criteria of compassionate release guidelines are clinically flawed, and the application and procedural barriers are prohibitive. In this paper we review cases of patients who qualified for compassionate release but had their applications denied. We will discuss the urgent need for access to quality palliative medicine for incarcerated persons with advanced illness and call healthcare providers to action with the aim of reducing suffering and promoting social justice for those in need.
6
Chukwu, Amari Omaka. « Decongesting Prisons in Nigeria : the EBSU Law Clinic model ». International Journal of Clinical Legal Education 20, no 2 (8 juillet 2014) : 533. http://dx.doi.org/10.19164/ijcle.v20i2.21.
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<p>Due to the growing problems of overcrowding and prison congestion in Nigeria, the need to conduct this pro bono study became imperative. This study is a needs assessment, evaluation and fact finding of the challenges and access to judges problems of detainees of Abakaliki and Afikpo Federal Prisons in Ebonyi State Nigeria. Bearing in mind the UN Standard Minimum Rules and other instruments in international law, the project report generally captures the following information:-</p><ul><li>State of the Structure of the prisons </li><li>Infrastructure at the prisons </li><li>Facilities at the prisons </li><li>Welfare of the inmates at the prison </li><li>Welfare of the prisons staff </li><li>Access to Justice by the inmates and</li><li>Other ancillary issues such as children in prison, over age in prison, nature of offences etc. </li></ul><p>In carrying out this study, empirical method of data collection and analysis was used. The two prisons in the state were visited and 250 prisoners responded to both the questionnaire and direct interview. Some staff of the Nigerian Prison Service and warders were also interviewed. The findings of this study were significant and highly revealing. The study specifically highlights certain issues of concern and proffers recommendations to address identified challenges. The report would serve as a national and international reference material as well as a programmatic tool for working out specific programmes and interventions to address the myriad problems facing the Nigerian prison system specifically, and the criminal justice administration system in Nigeria generally. The findings in this project are significant, the recommendations rich, we enjoin the government and development partners to implement them.</p><p> </p>
7
Das, Sayantanee, Sameer Ladha et Robert Klitzman. « Risk Reduction Policies to Reduce HIV in Prisons : Ethical and Legal Considerations and Needs for Integrated Approaches ». Journal of Law, Medicine & ; Ethics 51, no 2 (2023) : 366–81. http://dx.doi.org/10.1017/jme.2023.86.
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AbstractThe United States has the fastest growing prison population in the world, and elevated incarceration rates, substance use, and human immunodeficiency virus (HIV) prevalence are fueling each other. Yet without a national guideline mandated for HIV care within the prison system, standards for state and federal prisons vary greatly.
8
Pratt, Travis C., et Jeff Maahs. « Are Private Prisons More Cost-Effective Than Public Prisons ? A Meta-Analysis of Evaluation Research Studies ». Crime & ; Delinquency 45, no 3 (juillet 1999) : 358–71. http://dx.doi.org/10.1177/0011128799045003004.
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The need to reduce the costs of incarceration to state and federal correctional agencies has allowed the movement to privatize correctional institutions to gain considerable momentum. The empirical evidence regarding whether private prisons are more costeffective than public institutions, however, is inconclusive. To address this question, a meta-analysis was conducted of 33 cost-effectiveness evaluations of private and public prisons from 24 independent studies. The results revealed that private prisons were no more cost-effective than public prisons, and that other institutional characteristics—such as the facility's economy of scale, age, and security level—were the strongest predictors of a prison's daily per diem cost.
9
Serezhkina, Mariya. « Participation of Employees of the Penitentiary System as a Condition for Illegal Drug Trafficking in Prisons ». Bulletin of Kemerovo State University. Series : Humanities and Social Sciences 2021, no 3 (8 octobre 2021) : 270–76. http://dx.doi.org/10.21603/2542-1840-2021-5-3-270-276.
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The research featured the causes of drug traffic in prisons. The hypothesis is that this crime would be impossible without the participation of employees of the Federal Penitentiary Service. The paper introduces an analysis of statistical data on drug trafficking in Russian prisons. The statistics showed that the level of drug trafficking in prisons remains stable for the last five years, despite the ongoing anti-drug policy of the state, which confirms the abovementioned hypothesis. The study highlighted the role of an employee of the Federal Penitentiary Service in various types of criminal activities related to drug trafficking in prisons. The author analyzed the legal practice of qualifying the actions of prison employees in the field of drug trafficking during their official duties and proposed to introduce uniformity in the qualification of these actions. The paper contains a comparative analysis of a Criminal Investigation Department employee engaged in drug trafficking and a citizen involved in the same crime outside the Criminal Investigation Department. The composition of crimes related to drug trafficking needs an additional qualifying feature for employees of the Federal Penitentiary Service.
10
Decker, Scott H., et David C. Pyrooz. « The imprisonment-extremism nexus : Continuity and change in activism and radicalism intentions in a longitudinal study of prisoner reentry ». PLOS ONE 15, no 11 (30 novembre 2020) : e0242910. http://dx.doi.org/10.1371/journal.pone.0242910.
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There is considerable speculation that prisons are a breeding ground for radicalization. These concerns take on added significance in the era of mass incarceration in the United States, where 1.5 million people are held in state or federal prisons and around 600,000 people are released from prison annually. Prior research relies primarily on the speculation of prison officials, media representations, and/or cross-sectional designs to understand the imprisonment-extremism nexus. We develop a tripartite theoretical model to examine continuity and change in activism and radicalism intentions upon leaving prison. We test these models using data from a large probability sample of prisoners (N = 802) in Texas interviewed in the week preceding their release from prison and then reinterviewed 10 months later using a validated scale of activism and radicalism intentions. We arrive at three primary conclusions. First, levels of activism decline upon reentry to the community (d = -0.30, p < .01), while levels of radicalism largely remain unchanged (d = -0.08, p = .28). What is learned and practiced in prison appears to quickly lose its vitality on the street. Second, salient groups and organizations fell in importance after leaving prison, including country, race/ethnicity, and religion, suggesting former prisoners are occupied by other endeavors. Finally, while we identify few correlates of changes in extremist intentions, higher levels of legal cynicism in prison were associated with increases in both activism and radicalism intentions after release from prison. Efforts designed to improve legal orientations could lessen intentions to support non-violent and violent extremist actions. These results point to an imprisonment-extremism nexus that is diminished largely by the realities of prisoner reentry.
11
Mays, G. Larry, et Michelle Olszta. « Prison Litigation : From the 1960s to the 1990s ». Criminal Justice Policy Review 3, no 3 (octobre 1989) : 279–98. http://dx.doi.org/10.1177/088740348900300304.
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Prison litigation has been a critical issue for criminal justice and legal scholars, and for correctional practitioners for three decades. It generally is agreed that lawsuits filed by prison inmates and the attention given these suits by the federal courts have served to heighten the debate over the role of prisons in our society. Additionally, from an intergovernmental perspective, much concern has been expressed over the federal courts' role in supervising state prison operations. This article examines a number of legal and social issues that have been raised in prison litigation.
12
Glasser, Irene, et Livingston Sutro. « Anthropology and the Criminal Justice System ». Practicing Anthropology 14, no 3 (1 juin 1992) : 3–4. http://dx.doi.org/10.17730/praa.14.3.06273249115121w1.
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The criminal justice system, generally defined as the police, courts, and prisons, cries out for the attention of anthropology. The numbers of people involved are staggering. According to Bureau of Justice Statistics, the number of prisoners under federal or state correctional authorities in 1990 was more than 800,000 (a 134 percent increase over the past ten years). In July, 1990, Bureau of Justice Statistics indicated that the 245,562 offenders serving time in state prisons for crimes of violence had victimized an estimated 409,000 persons (including 79,300 persons killed).
13
Gordon, Shira. « Solitary Confinement, Public Safety, and Recdivism ». University of Michigan Journal of Law Reform, no 47.2 (2014) : 495. http://dx.doi.org/10.36646/mjlr.47.2.solitary.
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As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The effects of solitary confinement on prisoners have been a source of growing concern, but the question of whether solitary confinement affects public safety and recidivism has received less attention. While lower courts have imposed constitutional limitations on the use of solitary confinement, in the modern era the Supreme Court has never held that the practice is unconstitutional. Therefore, this Note argues for policy reforms to counteract the harmful impact of solitary confinement on public safety and recidivism, informed by the constitutional standards for its use in prisons.
14
Drakeford, Leah. « Mental Health and the Role of Religious Context among Inmates in State and Federal Prisons : Results from a Multilevel Analysis ». Society and Mental Health 9, no 1 (11 avril 2018) : 51–73. http://dx.doi.org/10.1177/2156869318763248.
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Inmates confined to correctional institutions are exposed to stressors that induce psychological distress. One factor that may be important for inmate mental health is religion. Accordingly, scholars have examined the role of participation in religious activities on inmate mental health. Yet, the role of the religious concentration of prisons on inmate mental health remains unexamined, in spite of research showing that religious contexts impact adjustment to prison. Using data from the 2004 Survey of Inmates in State and Federal Correctional Facilities, this paper presents a multilevel analysis of mental health and religion. The results indicated a mostly positive yet slightly inconsistent relationship between individual religious practice and mental distress. Findings regarding the religious context of prisons indicated a curvilinear relationship whereby inmates in highly religious and highly nonreligious prisons were less likely to report mental distress, while inmates in facilities more evenly mixed between religious and irreligious inmates were most likely to report distress. These findings yield insight into the operation of religion within total institutions.
15
Charuvastra, Anthony, Julie Stein, Beth Schwartzapfel, Anne Spaulding, Evalyn Horowitz, Grace Macalino et Josiah D. Rich. « Hepatitis B vaccination practices in state and federal prisons ». Public Health Reports 116, no 3 (mai 2001) : 203–9. http://dx.doi.org/10.1016/s0033-3549(04)50035-3.
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Bose, Srimoyee. « Demographic and spatial disparity in HIV prevalence among incarcerated population in the US : A state-level analysis ». International Journal of STD & ; AIDS 29, no 3 (4 août 2017) : 278–86. http://dx.doi.org/10.1177/0956462417724586.
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The purpose of this study was to explore empirically the presence of any spatial and demographic disparity in the Human Immunodeficiency Virus (HIV) infection rate among the prison inmates across 48 states in the US and compare the results for 2000 and 2010. HIV infection is a severe health issue for incarcerated populations in the US. In 2010, the rate of diagnosed HIV infection among inmates in state and federal prisons was five times more than the nonincarcerated population. The National Prisoner Statistics database was used to find the demographic disparities in HIV prevalence rate based on incarceration rate, gender, race/ethnicity, the proportion of non-US citizens, and proportion of population below 18 years. State-level spatial mapping, Pearson correlation coefficient, and Moran’s I statistic (univariate and bivariate) were computed based on these demographic characteristics using QGIS and Geoda software. There was a statistically significant pattern of spatial disparity in overall, male and female HIV infection rates across the state prisoners, with South and South-Eastern states facing a higher risk of infection. There was also statistically significant bivariate spatial association of HIV infection rate with the covariates: whites (negative), blacks (positive), non-US citizen (positive), and prisoners under age 18 years (positive) for both 2000 and 2010. There was a statistically significant higher HIV infection rate among the female prisoners in comparison to the male prisoners. It is of prime importance to examine the state-level disparities in HIV infection rate based on place and demographics. This is because evaluating the spatial pattern will help in accessing the relevant local information and provide federal agencies with better knowledge to target interventions and prevention programs toward the subgroup of the population at higher risk and help in controlling and reducing HIV infection prevalence.
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Dubler, Nancy Neveloff. « The Collision of Confinement and Care : End-of-Life Care in Prisons and Jails ». Journal of Law, Medicine & ; Ethics 26, no 2 (1998) : 149–56. http://dx.doi.org/10.1111/j.1748-720x.1998.tb01670.x.
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In 1997, the United States incarcerated over 1.7 million persons in local jails and in state and federal prisons. These inmates are disproportionately poor and persons of color. Many lack adequate access to health care before incarceration and present to correctional services with major unaddressed medical problems.Convictions for drug possession and use have increased the number of injection drug users with HIV and AIDS in prisons. Determinate sentencing and “three strikes and you’re out” laws have increased the number of inmates who are aging and dying during their sentences. Their feelings reflect those of Larry Rideau, sentenced to life without parole and founder of The Angolite—an award-winning prison newspaper at Louisiana's Angola Prison—“The dream of getting out, you equate with heaven. Dying in prison you equate with hell.”
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Litchfield, Kathrina. « Coerced Literacies : A Critical Discourse Analysis of Volunteered Skills Training in Prison ». Literacy Research : Theory, Method, and Practice 67, no 1 (23 juillet 2018) : 394–409. http://dx.doi.org/10.1177/2381336918787522.
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Without standardized access to higher education, incarcerated learners take advantage of the opportunities provided by local and national volunteer organizations for their postsecondary education. Toastmasters International describes itself as an educational nonprofit organization that teaches public speaking and leadership skills, which now expands its clubs into state and federal prisons. A Midwest region’s district distributes a pamphlet that encourages Toastmaster members to volunteer time and money to support these prison clubs. Critical discourse analysis techniques are used to explore how language in this volunteer pamphlet appropriates social control, refigures prisoner identity, and positions learners through a deficit model of cognitive behavioral correctives. While this article examines only a single public text, my findings caution volunteer organizations to thoughtfully consider the assumptions and constructs they import when they enter the prison with intentions to rehabilitate or educate its residents.
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Saloner, Brendan, Kalind Parish, Julie A. Ward, Grace DiLaura et Sharon Dolovich. « COVID-19 Cases and Deaths in Federal and State Prisons ». JAMA 324, no 6 (11 août 2020) : 602. http://dx.doi.org/10.1001/jama.2020.12528.
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Mayer, Connie. « HIV-infected prisoners : What mental health services are constitutionally mandated ? » Journal of Psychiatry & ; Law 23, no 4 (décembre 1995) : 517–53. http://dx.doi.org/10.1177/009318539502300403.
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State and federal correctional facilities currently have approximately 23,000 inmates who are infected with human immunodeficiency virus (HIV). These inmates suffer from the same mental health disorders as uninfected inmates but are additionally subject to mental health problems uniquely related to their HIV infection. Many prison systems are struggling to provide minimal mental health care to uninfected inmates. How will prisons address the additional mental health needs of the staggering number of inmates being diagnosed with AIDS and HIV? This article describes the type of mental health services that are constitutionally mandated and discusses whether and how prisons will have to respond to the distinct mental health issues related to HIV infection.
21
Fliss, Mike Dolan, Jennifer Lao, BS, Forrest Behne, BS et Lauren Brinkley-Rubinstein. « Few Prison Systems Release Individual Death Data : Death in Custody Reporting Act Completeness, Speed, and Compliance ». Journal of Public Health Management & ; Practice 30, no 3 (10 avril 2024) : 424–28. http://dx.doi.org/10.1097/phh.0000000000001893.
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The United States has one of the largest incarcerated populations per capita. Prisons are dangerous environments, with high in-prison and postrelease mortality. The Death in Custody Reporting Acts (DCRAs) of 2000 and 2013 require deaths of people in correctional custody or caused by law enforcement to be reported to the Bureau of Justice Assistance. These deaths must be reported within 3 months of the death and include 10 required fields (eg, age, cause of death). There is no public reporting requirement. Our Third City Mortality project tracks near-real-time data about individual deaths released publicly and prison system metadata, including data completeness and release speed, across (N = 54) US state, federal (N = 2; Bureau of Prisons, Immigration and Customs Enforcement), Washington, District of Columbia, and Puerto Rico prison systems. Twenty-one (38%) systems release no individual death data; 13 systems release incomplete data slower than 1 year; 19 release timely, but incomplete, death data; and only one system (Iowa) releases complete and timely data. Incomplete, untimely, public prison mortality data limit protective community responses and epidemiology.
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Ишков, Юрий Владимирович, et Yuriy Vladimirovich Ishkov. « Medical, social and organizational bases of staff security in penitentiary institutions of Russia ». Vestnik of Astrakhan State Technical University 2019, no 2 (19 novembre 2019) : 43–51. http://dx.doi.org/10.24143/1812-9498-2019-2-43-51.
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The article discusses various aspects of ensuring the safety of employees of the penal and correctional system in prisons of the Russian Federation at the present stage of development
of society. Particular attention is paid to the influence of a criminogenic environment on the penal and correctional system staff performing their official duties in pre-trial detention centers and cor-rectional facilities. The regulatory framework governing the procedure and conditions of service by the employees of the Russian penitentiary system has been characterized. Three main objects of security are distinguished: personality (its rights and freedoms), society (its material and spiritual values), state (its constitutional system, sovereignty and territorial value). The shortcomings in the work of the penal and correctional system, which have a negative impact on the safety of personnel of institutions of the Federal Penitentiary Service, have been analyzed. The emphasis is placed on the need to ensure medical safety for prison staff and persons held in prisons
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Ward, Julie A., Kalind Parish, Grace DiLaura, Sharon Dolovich et Brendan Saloner. « COVID-19 Cases Among Employees of U.S. Federal and State Prisons ». American Journal of Preventive Medicine 60, no 6 (juin 2021) : 840–44. http://dx.doi.org/10.1016/j.amepre.2021.01.018.
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Damberg, Cheryl L., Rebecca Shaw, Stephanie S. Teleki, Liisa Hiatt et Steven M. Asch. « A Review of Quality Measures Used by State and Federal Prisons ». Journal of Correctional Health Care 17, no 2 (1 avril 2011) : 122–37. http://dx.doi.org/10.1177/1078345810397605.
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Fegley, Tate. « Book Review : "From the War on Poverty to the War on Crime The Making of Mass Incarceration in America" ». Special Entrepreneurship Double Issue 23, no 3-4 (8 décembre 2020) : 618–22. http://dx.doi.org/10.35297/qjae.010082.
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The great extent of federal involvement in local criminal justice matters was not established overnight, but over the course of several decades. This is the primary subject of Elizabeth Hinton’s book, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America, wherein she catalogs the vast increases in federal spending on grants to state and local governments for policing and prison initiatives that occurred during the presidential administrations of John F. Kennedy to Ronald Reagan. Chapter after chapter simply describe the activities of the federal government in influencing local law enforcement and the expansion of prisons over the relevant time period. But the lack of any overarching argument leaves the reader feeling as though he is just reading a long series of facts.
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Lee, Amos. « 4 Contested Space : Higher Education Programming in Prisons ». Philosophy and Theory in Higher Education 4, no 3 (1 janvier 2022) : 65–83. http://dx.doi.org/10.3726/ptihe.032022.0005.
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Abstract: While academic freedom is considered a birthright in higher education, the current hysteria surrounding teaching critical race theory in K–12 schools and at universities demonstrates an ongoing resistance to teaching theories that deconstruct and challenge white dominant norms. In prison education spaces, where censorship is common, tailoring education to the needs of those in power in prisons is wrought with ethical grievances. As federal funding for incarcerated students increases, how should higher education institutions navigate topics such as race and racism, when this content is challenged by prison officials? This article explores conceptually the role that higher education programming should have in prison spaces and discusses what is at stake when censorship of race and racism are not actively challenged. A framework is employed, through Ladson-Billings work, that names the ways in which an accrued educational debt is owed to incarcerated students of color that can begin to be repaid through student-centered higher education in prison programming. Additionally, the response of a college in prison organization when faced with prison censorship is highlighted as a path forward to engaging and responding to a growing anti-CRT movement, intended to obscure history and the inequity that people of color face in the United States. Without interrogating the role of college in prison programs, universities without careful consideration of how to address these racialized censorship issues can become a part of the repressive institution that is our current carceral state.
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Holland, Margaret M., Stephanie Grace Prost, Heath C. Hoffmann et George E. Dickinson. « U.S. Department of Corrections Compassionate Release Policies : A Content Analysis and Call to Action ». OMEGA - Journal of Death and Dying 81, no 4 (6 août 2018) : 607–26. http://dx.doi.org/10.1177/0030222818791708.
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Large and increasing numbers of inmates with chronic and terminal illnesses are serving time, and dying, in U.S. prisons. The restriction of men and women to die in prisons has many ethical and fiscal concerns, as it deprives incarcerated persons of their autonomy and requires comprehensive and costly health-care services. To ameliorate these concerns, compassionate release policies, which allow inmates the ability to die in their own communities, have been adopted in federal and state prison systems. However, little is known about the content of compassionate release policies within U.S. states’ department of corrections, despite recent calls to release incarcerated persons who meet eligibility criteria into the community. The current study provides an overview of compassionate release policies in the United States, which vary widely across the compassionate release process. Specific policy recommendations are made to assure the timely access and utilization of compassionate release among eligible incarcerated individuals.
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Osinbajo, Yemi. « Legality in a Collapsed State : The Somali Experience ». International and Comparative Law Quarterly 45, no 4 (octobre 1996) : 910–23. http://dx.doi.org/10.1017/s0020589300059765.
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The ouster of the Siad Barre regime in January 1991 and the civil war which followed led to a complete breakdown of law and order in Somalia. The human tragedy of the situation has been well publicised; less well known is the complete collapse of the institutions associated with constitutional governance and the administration of justice in Somalia, namely the federal and regional governments, legislatures, courts, the police and prisons.
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Falek, Joshua. « Passports, Prisons, and Every Space Between ». TSQ 11, no 1 (1 février 2024) : 111–34. http://dx.doi.org/10.1215/23289252-11131728.
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Abstract In 2016 long-standing activism culminated in the implementation of Bill C-16, which added “gender and gender expression” to the protected classes of the Canadian Human Rights Act. Despite a commitment to consistency across federal policy, wide discrepancies occurred between the changes to the passport and those to the prison. On the one hand, Citizenship Canada announced that “people who do not identify as female (‘F’) or male (‘M’)” could change their passport sex to be an X. On the other hand, the Correctional Service of Canada (CSC) begrudgingly introduced Interim Policy Bulletin 584, which provides accommodation based “on gender identity or expression” within the binary system. Through a comparative analysis, this article queries the enactment of nonbinary recognition between two foundational sites of Canadian federal control: a site of mobility (the passport) and a site of immobility through mass incarceration (the prison). Arguing against expanding prisons or the creation of nonbinary correctional institutions, this article traces the racial geographies that X is both embedded within and enacts, exposing the violence that ushers forth new forms of trans citizenship reliant on anti-Blackness, captivity, and fungibility. Building from these case studies, this article mobilizes the state deployment of gendered expression and determination to nuance theories of gender self-determination. Specifically, this article considers how the theoretical application of the term may dissimulate distinctions in (in)violability, vulnerability, and capacity between and within Blackness and transness.
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Wildeman, Christopher, Kristin Turney et Youngmin Yi. « Paternal Incarceration and Family Functioning ». ANNALS of the American Academy of Political and Social Science 665, no 1 (10 avril 2016) : 80–97. http://dx.doi.org/10.1177/0002716215625042.
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This article extends research on the association between paternal incarceration and family functioning by differentiating between families with fathers who have been incarcerated in local jails, state prisons, federal prisons, and unknown types of facilities. Data from the Fragile Families and Child Wellbeing Study (FFCW) enable this finer grained analysis. We show that there are few observable differences between families with fathers incarcerated in a local, state, or federal facility and the 53 percent of families with fathers incarcerated in an unknown facility type. We test the association between facility type and family functioning using a series of fixed effects models, showing strong associations between facility type and only two of seven family outcomes. The evidence presented here suggests that family functioning does not markedly vary by type of facility, but this finding needs to be substantiated in future research.
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FLENIK, Juliano Deffune, et Priscila Nascimento Giublin Gomes de Souza LUZ. « RESPONSABILIDADE CIVIL DO ESTADO EM REPARAR OS DANOS MORAIS CAUSADOS AOS PRESOS EM SITUAÇÃO DEGRADANTE : ANÁLISE DO RE 580.252 ». Percurso 2, no 29 (3 avril 2019) : 154. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3492.
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RESUMOA situação carcerária do Brasil há muito, encontra-se em situação desumana e degradante, o que fere direitos fundamentais dos presos. O Estado, que possuiu a custódia dos detentos, tem o dever de manter condições de vida digna aos mesmos. Questionado pelo Recurso Extraordinário 580.252, o Supremo Tribunal Federal analisou a responsabilidade civil do Estado por danos morais causados aos presos em situação ilegítima e sub-humana. Julgando-o procedente, foi conferida repercussão geral à demanda. Incontroversos os fatos, o debate ficou restrito à forma de indenização por parte do Estado, fixado em restituição pecuniária fixa ao preso, em consonância com a “Agenda do Sistema Prisional” conduzida pelo Supremo Tribunal Federal, numa linha mais ativa, em que o Judiciário vem determinando aos Estados, ou seja, ao Poder Executivo, diversas obrigações de fazer em prol do sistema prisional brasileiro. PALAVRAS-CHAVE: Sistema Prisional; Danos Morais; Presos; Responsabilidade Civil; Estado. ABSTRACTBrazil's prison situation has long been inhuman and degrading, which is a violation of prisoners' fundamental rights. The State, which has the custody of the detainees, has the duty to maintain a dignified life. Asked about Extraordinary Appeal 580.252, the Federal Supreme Court analyzed the civil liability of the State for moral damages caused to illegitimate and subhuman prisoners. If it was upheld, there was a general repercussion on the claim. Uncontroversial the facts, the debate was restricted to the form of indemnity by the State, fixed in fixed pecuniary restitution to the prisoner, in line with the "Agenda of the Prison System" conducted by the Federal Supreme Court, in a more active line, in which the Judiciary has been determining to the States, that is, to the Executive Branch, several obligations to do in favor of the Brazilian prison system. KEYWORDS: Prison System; Moral Damages; Prisoners; Civil Liability; State.
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Farr, Kathryn Ann. « Classification for Female Inmates : Moving Forward ». Crime & ; Delinquency 46, no 1 (janvier 2000) : 3–17. http://dx.doi.org/10.1177/0011128700046001001.
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Most state and federal prisons use a single risk-focused classification system to assign female and male inmates to an appropriate security level. Evidence indicates that women pose very little risk to institutional or community security, and that many factors that predict risk in men are invalid predictors of risk in women. Current systems have led to excessive use of overrides in the classification of female inmates. Findings regarding the needs of female offenders for adjustment to prison and for reintegration into the community are clear and consistent. It is recommended that a greater focus be placed on needs-based classification for incarcerated women.
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S. Ulen, Thomas. « REVIEW : THE CRIME DECLINE, MASS INCARCERATION, AND SOCIETAL WELL-BEING ». GNLU JOURNAL OF LAW & ; ECONOMICS 1, no 1 (10 septembre 2018) : 139–74. http://dx.doi.org/10.69893/gjle.000001.
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One of the most dramatic events in the United States of the past almost 30 years has been the remarkable decline in the amount of crime. Since 1991 there has been an almost (an important qualifier, as we shall see) continuous decline in both violent and non-violent crime in the United States. At the same time that this decline was occurring, there was an increase (although not a continuous increase, as we shall also see) in the number of people incarcerated in prisons and jails in the U.S. The figures are stark. In 1980 there were approximately 500,000 people being held in all federal and state prisons and local jails in the country. By 2005 there were 2.5 million people incarcerated in the United States. That figure was by far the highest rate of incarceration in the developed world. In addition, the United States accounted for 25 percent of all the prisoners in the world.
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Tsai, Jack, Robert A. Rosenheck, Wesley J. Kasprow et James F. McGuire. « Homelessness in a National Sample of Incarcerated Veterans in State and Federal Prisons ». Administration and Policy in Mental Health and Mental Health Services Research 41, no 3 (20 mars 2013) : 360–67. http://dx.doi.org/10.1007/s10488-013-0483-7.
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Wildeman, Christopher, Maria D. Fitzpatrick et Alyssa W. Goldman. « Conditions of Confinement in American Prisons and Jails ». Annual Review of Law and Social Science 14, no 1 (13 octobre 2018) : 29–47. http://dx.doi.org/10.1146/annurev-lawsocsci-101317-031025.
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Research on the consequences of incarceration for inmates and ex-inmates, their families, and their communities has proliferated in just the last 20 years. Yet little of this research has documented variation across facilities in conditions of confinement or how these variations in conditions of confinement shape the consequences of incarceration for inmates and ex-inmates, their families, and their communities. Also, the conditions of confinement that have to this point been considered represent a very incomplete portrait of the range of conditions of confinement inmates could face. In this review, we fill this gap in four ways. First, we provide a partial overview of possible variations in conditions of confinement. Second, we use data from multiple years of the Survey of Inmates in Local Jails and the Survey of Inmates in State and Federal Correctional Facilities to provide an assessment of how much conditions of confinement vary across American jails, state prisons, and federal prisons, with an emphasis on variation within as well as between facility types. Third, we briefly review research on conditions of confinement in the United States and, as appropriate, other developed democracies. Finally, we conclude by providing a road map for future research to further enliven this research area.
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Logan, Matthew William, et Paul-Philippe Pare. « Are Inmates With Military Backgrounds “Army Strong?” ». Criminal Justice Policy Review 28, no 8 (12 janvier 2016) : 814–41. http://dx.doi.org/10.1177/0887403415623033.
Texte intégralRésumé :
We use data from the Survey of Inmates in State and Federal Correctional Facilities 2004 to examine the relationship between prior military service and misbehavior for a nationally representative sample of incarcerated inmates. Our regression analyses, based on 18,185 respondents across 326 prisons, suggest that inmates with military backgrounds tend to fare better than others across 12 negative prison outcomes. In contrast, we do not find much support for the argument—implied by violentization and other theories—that inmates with military backgrounds fare worse than others, with the exception of high levels of post-traumatic stress disorder (PTSD) and violent victimization. Supplementary analyses also show conditional patterns based on exposure to combat as well as honorable versus dishonorable discharge.
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Artyom Y. Nesterov,. « THE RIGHT OF JUVENILE CONVICTS TO PERSONAL SAFETY IN PRISONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA : THEORETICAL AND METHODOLOGICAL ASPECT ». BULLETIN 6, no 388 (15 décembre 2020) : 257–67. http://dx.doi.org/10.32014/2020.2518-1467.207.
Texte intégralRésumé :
The article is devoted to one of the urgent problems of ensuring the personal safety of juvenile convicts in prison. The theoretical and methodological study of the analyzed phenomenon allowed us to single out the general opinion of scientists and the factors that determine the current state of personal safety of juvenile convicts in educational colonies of the Federal Penitentiary Service of Russia, in the pre-trial detention centers of the Russian Federal Penitentiary Service, as well as at the stages of going to the place of serving the criminal sentence in in the form of deprivation of liberty and those under investigation for crimes committed in places of deprivation of liberty. The author of the article analyzes the provisions established in article 13 of the Criminal Procedure Code of the Russian Federation, the right of all convicted persons, as well as persons in custody in the pre-trial detention center of the Russian Federal Penitentiary Service, to trial for personal security is guaranteed by the penitentiary institutions of the Russian Federal Penitentiary Service, and this right is ensured by the following imperatives: 1). Article 13 of the Law of the Russian Federation of July 21, 1993 No. 5473-I "On Institutions and Bodies Executing Criminal Sentences of Imprisonment"; 2). Article 19 of the Federal Law of July 15, 1995 No. 103-FL "On the Detention of Suspects and Accused of Committing Crimes". The article analyzes legal scientific literature on the expression of various opinions of researchers regarding the personal safety of juvenile convicts in prison. The author completely agreed with many of the stated points of theoretical researchers, and at the same time formulating the following proposition. The author, in turn, determines that the problem of personal security of juvenile convicts in places of deprivation of liberty is also of great importance for the relations that are taking shape in the Russian penal system as a whole. This is due to the fact that punishment always involves the restriction of the rights and freedoms of persons who committed crimes in the educational colonies of the Federal Penitentiary Service of Russia, and, as a result, the special nature of the relationship between the staff of the penitentiary institutions of the Federal Penitentiary Service of Russia and convicts. So, the urgency of the problem today is, first of all, ensuring personal security, as well as the constitutional rights and legitimate interests of juvenile convicts in the investigation of crimes committed in the institutions of the Federal Penitentiary Service of Russia, is also manifested in the fact that depriving citizens of their freedom, the state agrees to comply their legal status, to protect the life and health of the convict. It should be noted that the concentration of persons who committed crimes in prisons, a significant proportion of which are grave and especially grave, as well as a number of other reasons entail a real threat of new crimes committed by prisoners of various nature and degree of public danger. In this regard, there is the possibility of unlawful influence on juvenile convicts who are participants in the criminal process in the framework of a case instituted on the fact of committing a crime in the institution of the Russian penal system. As a result, the author’s concept is formulated - “Ensuring personal security, rights and legal interests of juvenile convicts”. This material presented in the article does not contain information (information) related to state secrets of the Russian Federation.
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SEVIGNY, ERIC L., et JONATHAN P. CAULKINS. « KINGPINS OR MULES : AN ANALYSIS OF DRUG OFFENDERS INCARCERATED IN FEDERAL AND STATE PRISONS ». Criminology Public Policy 3, no 3 (juillet 2004) : 401–34. http://dx.doi.org/10.1111/j.1745-9133.2004.tb00050.x.
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Rich, J. D. « Attitudes and Practices Regarding the Use of Methadone in US State and Federal Prisons ». Journal of Urban Health : Bulletin of the New York Academy of Medicine 82, no 3 (6 juillet 2005) : 411–19. http://dx.doi.org/10.1093/jurban/jti072.
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Baćak, Valerio, et Edward H. Kennedy. « Principled Machine Learning Using the Super Learner : An Application to Predicting Prison Violence ». Sociological Methods & ; Research 48, no 3 (10 janvier 2018) : 698–721. http://dx.doi.org/10.1177/0049124117747301.
Texte intégralRésumé :
A rapidly growing number of algorithms are available to researchers who apply statistical or machine learning methods to answer social science research questions. The unique advantages and limitations of each algorithm are relatively well known, but it is not possible to know in advance which algorithm is best suited for the particular research question and the data set at hand. Typically, researchers end up choosing, in a largely arbitrary fashion, one or a handful of algorithms. In this article, we present the Super Learner—a powerful new approach to statistical learning that leverages a variety of data-adaptive methods, such as random forests and spline regression, and systematically chooses the one, or a weighted combination of many, that produces the best forecasts. We illustrate the use of the Super Learner by predicting violence among inmates from the 2005 Census of State and Federal Adult Correctional Facilities. Over the past 40 years, mass incarceration has drastically weakened prisons’ capacities to ensure inmate safety, yet we know little about the characteristics of prisons related to inmate victimization. We discuss the value of the Super Learner in social science research and the implications of our findings for understanding prison violence.
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De Oliveira Silva, Emilly, et Sheylla Maria Mendes. « Work in prisons : Considerations on racial inequalities and labor activities in Brazilian prisons ». REVISTA INTERDISCIPLINAR E DO MEIO AMBIENTE (RIMA) 5, no 1 (5 juin 2023) : e203. http://dx.doi.org/10.52664/rima.v5.n1.2023.e203.
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The problem of violence has been studied by several researchers who analyze contemporary society. In these debates, reflections on the involvement of young people in crime, the increase in incarceration of the black population and the importance of public policies for the prevention of this phenomenon are common. The Federal Constitution of Brazil - CRFB of 1988 and Law 7.210/84 of Penal Execution (LEP) show that educational and work activities must be carried out by the prison population, mainly because they represent efficient mechanisms in the rehabilitation of inmates. This research aims to analyze the criteria used by the penitentiaries to select the convicts considered apt to develop productive activities, verifying, above all, if the convicts' race, color, or ethnicity interfere in their possibilities of access to work activities. The methodology used consisted of the literature review produced on this topic specifically in Brazil in the last five years. The data obtained revealed aspects that allow the permanence of an unequal society, which violates rights guaranteed in the Magna Carta and in the Criminal Executions Law. Among them, the persistence of racial inequalities in prisons, the overcrowding and precariousness in prisons and, above all, the neglect of the public power in not expanding policies aimed at resocialization, stand out. In view of this, the need for the State to intervene in this reality is identified by implementing public policies capable of collaborating with the effectiveness of basic guarantees guaranteed to all citizens, including those who are under deprivation of liberty.
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Kashaf, Sh R. « Means of communication and socio-legal aspects of interaction between subjects of religious-penitentiary space : the case of Muslims ». Minbar. Islamic Studies 14, no 4 (12 janvier 2022) : 819–34. http://dx.doi.org/10.31162/2618-9569-2021-14-4-819-834.
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The Constitutional and Legal Institute of Religious Freedom in the Penitentiary System is subordinated to and regulated by the rules established by the Federal Executive Body exercising law enforcement functions in the fi eld of execution of sentences (FSIN of Russia). Finding themselves isolated from society, ethnic and practising Muslims, sentenced to imprisonment, feel forced restrictions on the religious freedom. The time and place of Muslims who perform religious rites and rituals are regulated by the documents issued by the Ministry of Justice of Russia were outlined the internal regulations for correctional institutions. The state is entrusted with the duty to provide in prisons a special environment, which would enable the spiritual nourishment of Muslims, whose rights to freedom of religious life are supported by centralized Islamic religious organizations. The civil institutions exercise public control over this implementation. At the same time, the Russian State is increasingly interested in interacting with the main subjects of the religious and penitentiary space. Among them there are offi cial structures of the Islamic Ummah, sending educated imams and Islamic theologians for religious service in prisons, representatives of the Islamic expert community, also there are Public Councils on the problems of the penitentiary system under the Federal Penitentiary Service of Russia. The present author considers the activities of Muslim spiritual departments to provide prison libraries with religious literature (the Holy Quran and semantic translations, the Hadith of Prophet Muhammad, His biography, books on Islamic law) as well as the best examples of religious literature, which manifest the traditional values of Russian Islam and the imperatives of a positive socio-cultural environment to be the signifi cant means of communication in the religious-penitentiary environment.
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Drakeford, Leah. « Moral Communities and Institutional Misconduct : A Reassessment of Religious Contextual Influences on Inmate Behavior ». Crime & ; Delinquency 66, no 8 (13 mars 2019) : 1137–60. http://dx.doi.org/10.1177/0011128719833359.
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Most of the research into religious influences on inmate misconduct has been undertaken with respect to personal religious participation. However, the religious environment of prisons offers potential influences on inmate behavior by providing social control and support. Currently, the literature is mixed regarding the association between religious context and inmate behavior. This article reconciles the divergent findings regarding religious contexts, and integrates recently emergent directions in religious contextual research. Using nationally representative data of inmates in state and federal prisons, I estimate multilevel models of several different forms of misconduct. The results indicate a relationship between religious context and each form of misconduct, highlighting the role of cultural contexts on inmate behavior.
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Nesterov, A. Y. « INSTITUTE OF PROBATION SERVICE IN THE RUSSIAN FEDERATION ». BULLETIN 384, no 2 (15 avril 2020) : 205–15. http://dx.doi.org/10.32014/10.32014/2020.2518-1467.60.
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In the article, based on the results of an empirical study, the development prospects of the probation service institute in the Russian Federation are presented. The probation service in Russia will focus on the development of juvenile probation in the Russian Federation, which will become the basis for ensuring the successful social adaptation of juvenile offenders in the post-prison period and their subsequent reintegration into modern Russian society. For the first time, the author of the article proposes the structure of the new Federal Law “On the Probation Service in the Russian Federation”. In the development and subsequent discussion in parliament of the Russian Federation of this bill, the author of the publication suggests paying attention to the section "The main activities of rehabilitation centers of the Federal Security Service of Russia". It is determined that the criminal-executive and criminal legislation in Russia as a whole establishes the principle of differentiating the appointment and execution of criminal punishment, especially for juvenile convicts serving criminal sentences in prisons. The problem of legal regulation of the activities of the organizations considered here is extremely acute today. The problem of legal regulation is associated with the post-prison adaptation of persons released from prison. Taking into account the experience of some foreign sovereign states of Asia and Europe, it is necessary to complete the work that has already begun and to adopt the Federal Law on Post-Prison - Social Adaptation of Persons Exempted from Criminal Punishment. The author also determined that penitentiary re-socialization of a convicted person is oriented towards full or partial restoration of social (life) skills, which allows a minor convicted person to reintegrate into society in the post-prison period, independently navigate the issues of obtaining a profession, employment, creating his own family, etc. A juvenile convict, while in prison, partially or completely loses family ties, loses contact with the outside world, friends, acquaintances, and even close relatives turn away from the teenager. But they are necessary for the teenager throughout the entire period of stay in places of deprivation of liberty, and especially after release from the colony in the first post-prison period. The author also proved that a teenager receives in prisons the necessary primary professional, cultural and aesthetic educational, social skills that will guide him in the process of social adaptation in one or another sphere of life. The material in this article does not contain information (information) relating to state secrets of the Russian Federation.
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CHILTON, BRADLEY STEWART, et DAVID C. NICE. « Triggering Federal Court Intervention in State Prison Reform ». Prison Journal 73, no 1 (mars 1993) : 30–45. http://dx.doi.org/10.1177/0032855593073001003.
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What “triggers” federal court intervention in prison reform litigation? The authors present a causal model of federal judicial intervention in the prison reform litigation of 48 states (all except Alaska and Hawaii). From analysis of variables posited by numerous qualitative case studies to be critical, the causal model indicates that federal court intervention in state prison systems can be correlated to various factors, including political ideology, socioeconomic factors, and the “problem environment” of state prison conditions. The authors offer the analysis in the hope that it will stimulate additional discussion of the jurisprudence and behavior of federal judicial intervention in prison reform litigation.
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Agabekyan, Alla L. « The COVID-19 pandemic in places of detention and its impact on the use of alternative sanctions ». Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no 42 (2021) : 5–19. http://dx.doi.org/10.17223/22253513/42/1.
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The COVID-19 pandemic has led to economic, political and social crises and has also exposed a number of problems in the penitentiary systems of states. The article analyses both the negative and positive consequences of the spread of coronavirus in prisons and pre-trial detention facilities. Overcrowding in prisons remains the most important reason for the increased risk of infection within prisons, leading to violations of prisoners' rights. The paper examines the problems associated with health care and hygiene in prisons. Based on the experience of foreign countries, a comparative legal analysis is made of the range of restrictive measures taken by states due to the pandemic. For example, measures to release convicts in Germany, France and Iran are described; the minimisation of custodial sentences in the UK is noted. The issue of the violation of convicts' rights to receive visits from relatives and close friends, as well as lawyers and representatives of public organisations, is thoroughly investigated. In this connection, particular attention is paid to international instruments guaranteeing the protection of convicted persons against torture and other cruel, inhuman or degrading treatment. The entire international community - international organisations such as the UN, WHO, PRI, Human Rights Watch and others - has engaged in addressing these problems. The way out of the crisis is seen in the use of non-custodial measures at all stages of criminal justice administration, including at the pre-trial and trial stages, as well as after sentencing. At the pre-trial stage, it is preferable to impose non-custodial measures and to replace pre-trial measures with alternatives, as appropriate; at the trial stage to impose non-custodial sentences; at the post-trial stage to choose one of the optimal solutions for a given state during an emergency situation: early release (unconditionally), conditional release, temporary release, replacement of the sentence with a milder non-custodial one, as well as amnesty Particular attention is paid to preventive measures taken by the Russian Federal Penal Correction Service and to proposals for improving the legislation and law enforcement activities of the authorities. Given the global trend towards a decrease in the use of imprisonment and an increase in the proportion of prisoners serving sentences without isolation from society, the author proposes reforms in the application of "community" sanctions and measures by creating or strengthening probation systems.
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COLLEY, ZOE. « “All America Is a Prison” : The Nation of Islam and the Politicization of African American Prisoners, 1955–1965 ». Journal of American Studies 48, no 2 (8 août 2013) : 393–415. http://dx.doi.org/10.1017/s0021875813001308.
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This article examines the rise of the Nation of Islam (NOI) within America's penal system during the late 1950s and the 1960s. In doing so, it explores the reasons for the NOI's appeal among African American prisoners, its contribution to the politicization of those prisoners, the responses of penal, state and federal authorities to the proliferation of prison mosques, and the way in which imprisoned Black Muslims' campaign for freedom of religious expression established the legal groundwork for the prisoners' rights movement of the late 1960s and the 1970s. This research presents the prison as a locus of black protest and the African American prisoner as an important, but largely overlooked, actor within the black freedom struggle. It calls upon historians to recognize the importance of the prison as both a site and a symbol of black resistance during the post-World War II period.
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Lee, Jane Jean-Hee, Vincent Guilamo-Ramos, Miguel Muñoz-Laboy, Kevin Lotz et Lindsay Bornheimer. « Mechanisms of Familial Influence on Reentry among Formerly Incarcerated Latino Men ». Social Work 61, no 3 (26 avril 2016) : 199–207. http://dx.doi.org/10.1093/sw/sww023.
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Abstract In the United States more than 10,000 people are released from state and federal prisons every week and often reenter the communities in which they were arrested. Formerly incarcerated individuals face considerable challenges to securing employment and housing. Subsequently, approximately two-thirds of former prisoners are rearrested within three years of their release. Latino men represent the fastest growing ethnic group of prisoners in the United States with unique cultural and social needs during the reentry process. The present study examined the role of the family in the reentry process through in-depth interviews (N = 16) with formerly incarcerated Latino men (FILM). The authors sought to identify familial processes specific to Latino men with potential to affect engagement and participation in reentry programs. Findings suggest that family mechanisms of social control and social support influence FILM’s reentry. Social work practitioners who work with this growing population can engage familial processes to prevent recidivism and promote desistance.
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Krisberg, Barry. « How Do You Eat an Elephant ? Reducing Mass Incarceration in California One Small Bite at a Time ». ANNALS of the American Academy of Political and Social Science 664, no 1 (18 février 2016) : 136–54. http://dx.doi.org/10.1177/0002716215600407.
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While most states are considering reducing the impact of mass incarceration in their prison systems, few states have faced a larger challenge than California, and few states have reduced their convict and parole population as much as California. Federal court intervention and a series of legislative and voter-initiated reforms in California have changed the landscape in one of the nation’s largest criminal justice systems. This article draws on a variety of data sources to explore a potentially historic moment in the quest to end mass incarceration; it remains to be seen whether the public debate over appropriate punishments changed among criminal justice interest groups, such as corrections officers, law enforcement, prosecutors, the judiciary, victim advocates, and liberal and conservative spokespersons. Has the fear of crime among the citizenry changed, and has the public embraced a different response to lawbreakers? There have been important law changes that reduce some felonies to lesser crimes and incentives to punish offenders in local corrections rather than state prisons (known as Realignment), but genuine reductions in mass incarceration will require even more actions. Based on my review of California trends in crime, punishment, and public opinion, I argue that even while there will likely be more progress in decriminalizing drug crimes and other nonviolent crimes, public attitudes toward more serious offenders will be decisive in forecasting the future of mass imprisonment and the California prison gulag. At present, California is pursuing an incremental approach to reducing the numbers in prison for very serious crimes. Reform of prisons is likely to consist of small bites of change in sentencing and parole policies.
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Provotorova, S. V. « The Incidence of Chickenpox in Penal Institution of the Lipetsk Region ». Epidemiology and Vaccinal Prevention 19, no 2 (16 mai 2020) : 87–94. http://dx.doi.org/10.31631/2073-3046-2020-19-2-87-94.
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Relevance. Chickenpox is one of the most common infections in Russia and retains a stable 2–3 place in the structure of infectious morbidity. The conditions of the closed adult community in the institutions of the penal correction system pose high risks for the occurrence of group cases of Chickenpox , and this disease in adults can pose a threat to life.Aims. Incidence rate of chickenpox among convicts detained in correctional institutions of the prison system of Lipetsk region in 2009–2018.Materials & Methods. The statistical data of the branch CGSN of the Federal Penitentiary Institution MCH-48 of the Federal Penitentiary System of Russia were to analyse the incidence of chickenpox by prisons in the penitentiary system of the Lipetsk Region for the period from 2009 to 2018.The materials of the study were forms of federal state statistical observation for 2009–2018. The method of retrospective epidemiological analysis was used. statistical data processing was performed using Microsoft Excel.Results. Cases of chickenpox among adults serving sentences in places of deprivation of liberty of Lipetsk region are recorded annually. The incidence rates among prisoners are 2 times higher than among adults in the Russian Federation. Sources of infection were relatives and convicts, patients with herpes zoster. There are statistically significant differences in first-time and re-convicted morbidity (p < 0.05). More than half (73.6%) of the cases of chickenpox occur in autumn-winter. Between 2009 and 2018, group cases were recorded with 2 to 7 people involved in the epidemic process. Consequently, conditions exist in correctional facilities for the epidemic spread of chickenpox.Conclusions. In order to prevent the occurrence and development of group cases of disease, it is proposed to introduce vaccine prevention of persons who have not suffered from chickenpox in history.