Hands-Off or Hands-On? Examining the Effect of Court Orders on Inmate Misconduct

Abstract

ABSTRACT Although studies have linked judicial intervention to inmate outcomes, it is unclear how the various reasons for which an institution is under court order predict the likelihood of inmate misbehavior, such as violence and other nonviolent forms of rule breaking. Data from the 2004 Survey of Inmates in State Correctional Facilities (SISCF) and the 2000 Census of State Correctional Facilities (CSCF) are used to examine how various prison violations affect inmate misconduct. Hierarchical linear models reveal that sweeping litigation and reforms that pose a greater challenge to correctional authority are associated with greater misconduct, while more targeted approaches appear to have a less pronounced or inverse association with misconduct. These findings have important implications for the operation of the correctional institution and its society of captives.