Reduce Prison Overcrowding Research Articles

“I Chose Motherhood First”: Salvaging the Maternal Identity in Resource-Starved Jails

The population of women in jail increased by 15% from 2008 to 2018. A portion of this increase was due to state policies shifting individuals serving sentences of 1–5 years to local jails to reduce prison overcrowding. In-depth interviews with 62 women serving long-term sentences in local jails in Central and Eastern Kentucky were conducted to examine how they navigated motherhood in this carceral setting. Findings suggested that despite the salient role that motherhood played in their lives, jails provided few meaningful opportunities for women to perform identity-congruent behaviors or receive verification of their maternal identity. Implications for reintegration, desistance, and theoretically relevant intervention models are discussed.

Assessing the ethics of prison policies to ensure human rights compliance: Suicides and self-inflicted critical events in Italian prisons

Considering self-inflicted critical events (suicides, attempted suicides, self-harm acts, hunger strikes) in Italian prisons as indicators of the respect of inmates' human rights, this study examines their relationship with the characteristics of the Italian prison system between 2016 and 2021, using a unique prison-level dataset covering the 188 national prisons. Both individual panel regressions and seemingly unrelated regressions show that reducing prison overcrowding reduces critical events. The same result is achieved by increasing mandatory treatments (restraint acts) performed discretionally by prison staff. Because the former policy is politically sensitive and difficult/costly to implement, policymakers may prefer to rely on the latter as a “death-avoidance strategy”, despite the greater likelihood of violating inmates’ human rights. These findings may help explain the increasing use of acts of restraint in Italian prisons in recent times.

The effectiveness of the Brazilian prison system in fulfilling the social function of punishment according to the Brazilian penal law

This article criticizes the effectiveness of the Brazilian prison system in fulfilling its social function. In order to do so, it engages in a historical journey from the origin of penalties in the Ancient Age, Middle Ages, Modern Age until the present day, using as a guide the recognized works of Michel Foucault and other scholars who share the same Foucauldian principles. The relationship between prison and power that begins the text is mirrored throughout its content in order to solidify the understanding that the prison system reproduces, from one society to another, over time, the same model of repression. The contradictions between the country's legislation on the execution of the penalty and the system's compliance with it constitute the crux of the article, which postulates for a rich and unprejudiced debate with the objective of finding solutions to eliminate the deficits between theory and practice. At the end, the article presents three possible solutions to reduce prison overcrowding, which is considered one of the main problems that deepen the degrading condition of prisoners in terms of human dignity.

Prison health priorities in Burkina Faso: a cross-sectional study in the two largest detention environments in Burkina Faso

PurposeThe purpose of this paper is to study the factors associated with the occurrence of diseases and beriberi among prisoners incarcerated in the two largest Remand and Correctional Facilities (RCF).Design/methodology/approachThis was a cross-sectional descriptive and analytical study carried out from April 20 to May 19, 2017, in the RCFs of Ouagadougou and Bobo-Dioulasso. All prisoners who consulted and those referred to the health center by the health-care team were included in the study. Complaints and diagnosed diseases information were collected using the second version of the International Classification of Primary Care (ICPC-2). The authors used a logistic regression model to perform univariate and multivariate analyses.FindingsOf the 1,004 prisoners from the two RCFs included in the study (32.6%), 966 (96%) were male. The median age was 31.6 years. The distribution of diseases diagnosed using the ICPC-2 showed a predominance of gastrointestinal tract, skin and respiratory tract diseases among 206 (19.3%), 188 (17.6%) and 184 (17.2%) prisoners, respectively. A total of 302 prisoners (30.1%) had clinical beriberi, and 80 prisoners (8%) were underweight. Being incarcerated for more than nine months was independently associated with a high risk of digestive and respiratory diseases as well as beriberi.Research limitations/implicationsThis study highlighted higher frequencies of digestive, skin and respiratory complaints and diseases in the two largest detention centers in Burkina Faso. These diseases are variously related to age, penal status and length of incarceration. In addition, underweight and thiamin vitamin deficiency responsible for beriberi are more frequent in adult prisoners, those not attending school, convicted prisoners and those with a length of stay in detention of more than nine months. These concrete results should help define a strategy and priority actions needed to reduce morbidity in prisons.Practical implicationsThe actions should include the intervention of specialists in the field of common diseases in prisons, the improvement of individual hygiene conditions and environment, the improvement of the quality and quantity of the food ration, a strategy to reduce prison overcrowding. Other actions must be planned to allow specific groups such as women and minors to have access to health care that is adapted to them. Beyond the central concern of promoting the rights of prisoners and humanizing prisons, actions to improve the health of prisoners are part of an overall public health approach with its socio-economic and environmental implications.Social implicationsThere is a need for a strong commitment from the State to develop a prison health policy that prioritizes the prevention of communicable and non-communicable diseases that are particularly prevalent in this context, without forgetting mental health and nutrition. This requires a collaboration of stakeholders based on better intersectorial communication, the implementation of a monitoring and evaluation system for the health of prisoners, an enhancement of the status of health-care providers working in prisons and an increase in the funding allocated to the health of prisoners with the mobilization of the necessary funds.Originality/valueThis study uses a primary health care classification to assess the health of inmates in a prison in Africa. It contributes to the weak evidence around prison health surveillance and health profiling of prisoners in Africa.

Reducing Pretrial Detention: A Randomized Intervention with Public Defenders in El Salvador

Approximately one third of the global prison population is in pretrial detention, waiting for trial. Overreliance on pretrial detention exposes defendants to harsh conditions, exacerbates jail overcrowding, increases recidivism, and favors criminal governance. What policies can resource-strapped countries implement to effectively address excessive pretrial detention? Based on a theoretical model focused on institutional-level efforts, we evaluate an experimental intervention implemented in El Salvador intended to increase pretrial release requests and reduce pre-trial detention. The intervention randomly assigned public defenders to receive specialized legal training, an improved interview protocol, material resources, and increased communication channels. We find that this inexpensive, scalable program increased pretrial release requests from public defenders by nearly 10% (0.228 standard deviations) and increased the success in securing pretrial release by 4.4% (0.114 standard deviations). Heterogeneous treatment effect analyses suggest that the program increased strategic litigation among the most experienced public defenders and has distinct effects for those accused of minor and severe crimes. We find no evidence that the mechanism explaining our results involves changes in public defenders’ attitudes or perceptions about their work environments. Criminal justice programs focusing on pretrial detention may help reduce prison overcrowding in high crime countries.

Decentralizing Clemency: Decentralizing the Commutation Power to Invigorate Sentence Reduction

Reforming sentencing and reducing prison overcrowding requires a focus on the future to ensure just punishments and the past to re-evaluate harsh punishments from the ‘tough on crime’ era. This paper focuses on ending those past wrongs. Executive clemency is sometimes discussed as a method for addressing harsh punishments, but there are only so many governors and Presidents. This paper proposes amending the Ohio Constitution to grant the elected county prosecutors a commutation power subject to veto by the governor. This would decentralize clemency and create a new, potentially system-reshaping tool to address harsh sentences and empower reform-minded prosecutors. The paper additionally discusses other methods to expand clemency and favors adopting the novel constitutional amendment in addition to other reforms for maximum impact.

Access and utilization of compassionate release in state departments of corrections

ABSTRACT Compassionate release (CR) is touted as an ethical and cost-effective mechanism for releasing older adults or individuals with life-limiting illness from prison and reducing prison overcrowding. However, little is known regarding the monitoring practices and the numbers of persons eligible, applying for, and being released under CR policies. The current study sought to describe CR monitoring practices, and access and use of CR for each U.S. state between 2013 and 2015 using data obtained via public records requests. Roughly 80% of responding states monitored the number of persons released under CR policies (n = 39), though only 65% of responding states captured records of those who applied for release (n = 32). Fewer monitored CR eligibility (35% n = 17). Between 2013 and 2015, 5,932 persons were eligible for CR. However, less than half of these persons applied for CR during the study period (46.4%; n = 2,751), and less than 30% of those who applied were discharged under CR during the study period (n = 802). The importance of monitoring and reporting numbers of persons eligible, applying, and released under CR policies is discussed.

Recent Legislative Measures to Reduce Overcrowding of Prisons in Italy: A Preliminary Assessment of Their Economic Impact

This paper analyses the effects of two recent reforms introduced in Italy since 2010 in an attempt to reduce prison overcrowding. The first, introduced by the law no. 199 of 2010 on home detention for prisoners with final conviction. The second, passed by the decree law no. 211 of 2011 on home detention for criminals arrested awaiting trial. The results of econometric analysis prove that there reforms have achieved objective to reduce the overcrowding of prisons in the short run, but in the long run they contribute to exacerbate the problem. A strong relationship were find between the several kind of crimes and the total of prisoners. The two reforms seems to be positively correlated with property crimes (a pickpockets and home thefts), but not with violent crimes. Finally, the impact of the changes introduced in the condition to be eligible to access at home detection, has a negative impact on welfare.

Recent legislative measures to reduce overcrowding of prisons in Italy: a preliminary assessment of their economic impact

This paper analyses the effects of two recent reforms introduced in Italy in 2010 and 2011 in an attempt to reduce prison overcrowding. The first, introduced by the law no. 199 of 2010 on house arrest for prisoners with final conviction. The second, passed by the decree law no. 211 of 2011 on house arrest for criminals arrested awaiting trial. The results of econometric analysis prove that these reforms have achieved the objective to reduce the overcrowding of prisons in the short run, but in the long run they contribute to exacerbating the problem. A strong link was found between the several kinds of crime and the total number of prisoners. The two reforms seems to be positively correlated with property crimes (a pickpocketing and home thefts), but not with violent crimes. Finally, the impact of the changes introduced in the condition to be eligible to access at house arrest, has a negative impact on welfare.

Public perceptions of arguments supporting and opposing recreational marijuana legalization.

In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments.

Portrayal of the Croatian Probation Service's Development in Print Media

Generally, research related to the media representation of probation is relatively rare, especially in jurisdictions without a long tradition of probation. The aims of this study were to investigate what themes emerged in constructing the public image of probation and who were probation's key promoters, and to analyse whether there was uniform presentation of probation in the media over time. The 390 newspaper articles related to probation that were published in national newspapers and magazines between 2009 and 2013 were analysed. The analysis showed that stories about probation were typically short, probation was typically not a main topic, and issues on probation were mainly superficially elaborated. Probation in Croatia has relatively low media visibility, but legislation, regulations, and expectations from probation emerged as main themes. Initially, reducing prison overcrowding and financial costs were the most frequently mentioned benefits of probation, but over time, attention shifted slightly towards focusing on the benefits of probationers' resocialisation and rehabilitation. The tone of the stories was generally positive or neutral, and politicians were the strongest advocates of the probation system. Media interest in probation fluctuated over the years, and probation has recently faced more criticism than before, most likely because of the many obstacles that it experienced in the course of becoming truly functional in practice.

A partnership approach to providing on-site HIV services for probationers and parolees: a pilot study from Alabama, USA.

IntroductionHIV in the United States is concentrated in the South, an impoverished region with marked health disparities and high rates of incarceration, particularly among African Americans. In the Deep South state of Alabama, a policy directive to reduce prison overcrowding has diverted large numbers of convicted felons to community supervision. Probation and parole offices have yet to provide the HIV education and testing services that are offered in state prisons. This study sought to implement on-site HIV services for probationers and parolees through an intersectoral programme involving law enforcement, university and HIV agency employees. The three main objectives were to (1) involve probation/parole officers in planning, execution and assessment of the programme, (2) provide HIV education to the officers and (3) offer voluntary pretest HIV counselling and testing to probationers and parolees.MethodsThe partnered programme was conducted between October and December 2015. Offenders who were recently sentenced to probation (“new offenders”), received HIV education during orientation. Offenders already under supervision prior to the programme (“current offenders”) learned about the on-site services during scheduled office visits. Outcomes were measured through officer assessments, informal feedback and uptake of HIV services among offenders.ResultsA total of 86 new and 249 current offenders reported during the programme (N=335). Almost one-third (31.4%) of new offenders sought HIV testing, while only 3.2% of current offenders were screened for HIV. Refusals among current offenders invoked monogamy, time pressures, being tested in prison, fear of positive test results and concerns about being labelled as gay or unfaithful to women partners. Officers rated the programme as worthwhile and feasible to implement at other offices.ConclusionsThe partnership approach ensured support from law enforcement and intersectoral cooperation throughout the programme. HIV training for officers reduced discomfort over HIV and fostered their willingness to be active agents for referral to HIV services. Voluntary testing was enhanced by the HIV employee's educational role, particularly during orientation sessions for new offenders. The almost one-third success rate in HIV testing among new offenders suggests that future efforts should concentrate on this group in order to maximize participation at the probation and parole office.

Is Downsizing Prisons Dangerous?

Research SummaryRecent declines in imprisonment raise a critical question: Can prison populations be reduced without endangering the public? This question is examined by testing the effect of California's dramatic efforts to comply with court‐mandated targets to reduce prison overcrowding using a pretest‐posttest design. The results showed that California's Realignment Act had no effect on violent or property crime rates in 2012, 2013, or 2014. When crime types were disaggregated, a moderately large, statistically significant association between Realignment and auto theft rates was observed in 2012. By 2014, however, this effect had decayed and auto theft rates returned to pre‐Realignment levels.Policy ImplicationsSignificant reductions in the size of prison populations are possible without endangering public safety. Within just 15 months of its passage, Realignment reduced the size of the total prison population by 27,527 inmates, prison crowding declined from 181% to 150% of design capacity, approximately $453 million was saved, and there was no adverse effect on the overall safety of Californians. With a mixture of jail use, community corrections, law enforcement and other preventive efforts, California counties have provided a comparable level of public safety to that previously achieved by state prisons. Nevertheless, sustaining these policy objectives will require greater attention to local implementation, targeted crime prevention, and sentencing reform.

A powerful toof of justice: Paralegals and the provision of affordable and accessible legal services

In many parts of Africa, a quiet revolution is transforming the delivery of legal assistance to pre-trial detainees and accused persons. Too poor to afford the services of a lawyer, and unable to rely on inadequate – or nonexistent – state-funded legal aid systems, many Africans are at the mercy of often oppressive and corrupt criminal justice systems. This is beginning to change as paralegals – who are less expensive and more accessible than lawyers – are empowering the poor and marginalised in their interactions with police, prosecutors, and the courts. In almost two dozen countries across Africa, paralegals are providing a critical service, particularly in the early stages of the criminal justice process. They provide primary legal aid services that often no one else is providing, which in turn results in the elimination of unnecessary pre-trial detention, the speedy processing of cases, diversion of young offenders, and reduction of case backlogs. Some paralegal services also provide food and medical supplies to people in detention. They may also be present at police stations in order to deter ill-treatment and forced confessions. Paralegals play a valuable role in reducing prison overcrowding by locating the family members of pre-trial detainees and facilitating bail hearings. This article gives an overview of paralegal services in a number of African countries, and shows how these services are assisting thousands of pretrial detainees and accused persons to access justice in environments where legal services are scarce or non-existent.

Effectiveness of electronic monitoring applied as integral part of alternative criminal sanctions or measures

The author analyzes the use of electronic monitoring in the punishment or control behavior of the convicted persons in the Republic of Serbia. The author criticizes the frequent imposition of house arrest (with or without electronic monitoring) instead of community service and a suspended sentence with supervision and proposal of amending the Criminal Code to extend the house arrest for two years. Citing the results of foreign research, the author concludes that electronic surveillance is not effective in preventing recidivism of the convicted persons, if it is not combined with therapeutic measures. The most effective is the electronic monitoring that lasts longer than six months as part of a suspended sentence (probation) or parole - the length of supervision loses its effectiveness. The author warns that electronic monitoring should not be used solely for the purpose of reducing prison overcrowding, but to facilitate the implementation of therapeutic programs that affect the offender.

Justice in the Shadowlands: Pretrial Detention, Punishment, and the Sixth Amendment

In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, are the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those convicted offenders existing in prisons. Due to these punitive conditions of incarceration, pretrial detainees appear to have a cognizable claim for the denial of their Sixth Amendment jury trial right, which, at its broadest, forbids punishment for any crime unless a cross-section of the offender’s community adjudicates his crime and finds him guilty. This article argues that the spirit of the Sixth Amendment jury trial right might apply to many pretrial detainees, due to both the punishment-like conditions of their incarceration and the unfair procedures surrounding bail grants, denials and revocations. In so arguing, I expose some of the worst abuses of current procedures surrounding bail and jail in both federal and state systems. Additionally, I also propose some much needed reforms in the pretrial release world, including better oversight of the surety bond system, reducing prison overcrowding by increasing electronic bail surveillance and revising the bail hearing procedure to permit a community “bail jury” to help decide the defendant’s danger to the community.

Pardons and Amnesties as Policy Instruments in Contemporary France

All legal systems have clemency measures. These include statutes of limitation, legal restoration of rights, pardons, and amnesties. Pardons and amnesties, once considered exceptional in contemporary France, have become routinized policy instruments aimed at reducing prison overcrowding. In the past, amnesties were used as an instrument of national reconciliation after political crises; they are now a regular feature of presidential elections, aimed at ordinary crimes. Pardons, formerly conceived as discretionary decisions by the head of state, are now extended annually to entire categories of offenders. Thousands of inmates benefit from early release, whereas others never serve their sentences. There is no widespread political or media controversy. Reasons include the subordinate place of courts in French constitutional tradition, the dominant principle of individualization of punishment, widespread political consensus on the evils of imprisonment, and the benefit many people receive from clemency measures, especially for parking offenses. Nevertheless, clemency increasingly tends to be restrictive, with new categories of offenses excluded, for reasons of political consistency or because a specific crime has received media attention.

A task force to reduce prison overcrowding: Implications for criminal justice policy, planning and research methods courses*

This article describes an undergraduate criminal justice research methods course that uses interactive teaching methods to explore the dynamics of policy analysis and program evaluation. The issue of prison overcrowding is introduced after a solid base of research methods concepts has been mastered. Prison overcrowding is presented in a detailed scenario that includes changes in state and local policy. Student workgroups explore issues involved in prison overcrowding using multiple sources of information, including the World Wide Web.

The “Punishment Lottery”: An Immodest Proposal for Maximizing Deterrence, Doing Justice, and Reducing Prison Overcrowding, All at Once

This paper offers a new proposal for the sentencing of most convicted felons that promises simultaneously to promote general deterrence and to reduce prison overcrowding in a fair manner. Called the “punishment lottery,” I recommend subjecting convictees to a random system that imposes prison sentences that are usually shorter, but sometimes longer, than current sentences. Specific guidelines are suggested for enacting my proposal. I then offer empirical evidence and argumentation to support my claims that the punishment lottery can deter potential offenders, accomplish the retributive goal of fairness, and substantially reduce prison overcrowding, all at once.

The Massachusetts Boot Camp: Inmate Anecdotes

Correction professionals have a responsibility and unique opportunity to restructure programs/policies to assist with meeting current incarceration needs. Boot camps were originally designed to (a) reduce prison overcrowding, (b) decrease rates of recidivism, (c) keep the younger offenders away from the chronic prison population, (d) reduce the cost of incarceration, (e) provide a general deterrence, (f) provide enhanced discipline, and (g) rehabilitate offenders. To date, researchers have yet to closely examine the program, services, and incarceration of boot camps from an inmate's perspective. The subsequent case histories were documented as part of an ongoing program evaluation and quality assurance activity conducted at the Massachusetts Boot Camp.