Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials

Author: Margo Schlanger

Publisher: West Academic Publishing

Published: 2020-05-29

Total Pages: 1071

ISBN-13: 9781683287964

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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.


Inside the Broken California Prison System

Inside the Broken California Prison System

Author: Boston Woodard

Publisher:

Published: 2011-10

Total Pages: 252

ISBN-13: 9780964700932

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Inside the Broken California Prison System by veteran jailhouse journalist Boston Woodard provides an insider 's view of California's dysfunctional prison industrial complex in crisis. On May 23, 2011, the U.S. Supreme Court ruled that due to massive overcrowding, California is in violation of the Eighth Amendment, which constitutionally prohibits cruel and unusual punishment. Because its 33 prisons are at nearly 200 percent capacity, the state has been ordered to release or find new accommodations for more than 30,000 prisoners within two years. With the harshest sentencing laws, toughest parole policy, and highest recidivism rate in the nation, the California Department of Corrections and Rehabilitation is a failure on all counts except for those who profit from the $10 billion spent annually to maintain it. Woodard describes how it came to this, as well as the day-to-day reality of the impact on prisoners in a corrupt system effectively accountable to no one.Inside the Broken California Prison System is a collection of more than 40 articles originally published over a period of six years in the Community Alliance, a small monthly newspaper in Fresno, California. They detail subjects such as restricted media access to prisoners, the brutal impact of overcrowding, medical and mental health treatment failures, rogue prison staff, religious and racial discrimination, an omnipotent prison guard union, and shipping prisoners out of state to private prisons. At the same time he offers real solutions to the overcrowding problem that would not endanger public safety.Woodard is a writer, musician, literacy tutor, event organizer, and prisoners rights advocate who has been writing about what goes on inside the California prison system for almost two decades in both free world and prison publications. His articles have embarrassed and angered prison officials used to operating without public oversight, and he 's paid a price for exercising his First Amendment right to define his surroundings. He 's been put in the Hole, had his mail tampered with, lost his typewriter, subjected to verbal threats, had his personal property stolen or destroyed, and been illegally and adversely transferred from prison to prison. Still he refuses to be intimidated. My writing is not about prison rights, he says. It 's about the public 's right to know about the good and bad within these prison walls and how their money is being spent. It 's also about the positive efforts of men and women given up for lost by society. I just want the guards and prison officials to do what is demanded of me and every other prisoner in the system, and that is to obey the law and follow the regulations.


Health and Incarceration

Health and Incarceration

Author: National Research Council

Publisher: National Academies Press

Published: 2013-08-08

Total Pages: 67

ISBN-13: 0309287715

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Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.


Ethical Considerations for Research Involving Prisoners

Ethical Considerations for Research Involving Prisoners

Author: Committee on Ethical Considerations for Revisions to DHHS Regulations for Protection of Prisoners Involved in Research

Publisher: National Academies Press

Published: 2007-01-22

Total Pages: 284

ISBN-13: 0309164605

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In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.


Appealing to Justice

Appealing to Justice

Author: Kitty Calavita

Publisher: Univ of California Press

Published: 2015

Total Pages: 264

ISBN-13: 0520284186

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Having gained unique access to California prisoners and corrections officials and to thousands of prisoners’ written grievances and institutional responses, Kitty Calavita and Valerie Jenness take us inside one of the most significant, yet largely invisible, institutions in the United States. Drawing on sometimes startlingly candid interviews with prisoners and prison staff, as well as on official records, the authors walk us through the byzantine grievance process, which begins with prisoners filing claims and ends after four levels of review, with corrections officials usually denying requests for remedies. Appealing to Justice is both an unprecedented study of disputing in an extremely asymmetrical setting and a rare glimpse of daily life inside this most closed of institutions. Quoting extensively from their interviews with prisoners and officials, the authors give voice to those who are almost never heard from. These voices unsettle conventional wisdoms within the sociological literature—for example, about the reluctance of vulnerable and/or stigmatized populations to name injuries and file claims, and about the relentlessly adversarial subjectivities of prisoners and correctional officials—and they do so with striking poignancy. Ultimately, Appealing to Justice reveals a system fraught with impediments and dilemmas, which delivers neither justice, nor efficiency, nor constitutional conditions of confinement.


Golden Gulag

Golden Gulag

Author: Ruth Wilson Gilmore

Publisher: Univ of California Press

Published: 2007-01-08

Total Pages: 413

ISBN-13: 0520938038

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Since 1980, the number of people in U.S. prisons has increased more than 450%. Despite a crime rate that has been falling steadily for decades, California has led the way in this explosion, with what a state analyst called "the biggest prison building project in the history of the world." Golden Gulag provides the first detailed explanation for that buildup by looking at how political and economic forces, ranging from global to local, conjoined to produce the prison boom. In an informed and impassioned account, Ruth Wilson Gilmore examines this issue through statewide, rural, and urban perspectives to explain how the expansion developed from surpluses of finance capital, labor, land, and state capacity. Detailing crises that hit California’s economy with particular ferocity, she argues that defeats of radical struggles, weakening of labor, and shifting patterns of capital investment have been key conditions for prison growth. The results—a vast and expensive prison system, a huge number of incarcerated young people of color, and the increase in punitive justice such as the "three strikes" law—pose profound and troubling questions for the future of California, the United States, and the world. Golden Gulag provides a rich context for this complex dilemma, and at the same time challenges many cherished assumptions about who benefits and who suffers from the state’s commitment to prison expansion.


The Growth of Incarceration in the United States

The Growth of Incarceration in the United States

Author: Committee on Causes and Consequences of High Rates of Incarceration

Publisher: National Academies Press

Published: 2014-12-31

Total Pages: 800

ISBN-13: 9780309298018

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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.