Mass Incarceration Research Articles

Disrupting the Reproductive Lives of Japanese American Families During Wartime: The Overlapping Histories of Removal, Incarceration, and Eugenic Sterilization, 1942–1946

The World War II mass incarceration of 120,000 Japanese Americans disrupted families, enacted intergenerational trauma, and characterized Japanese Americans as inherent racial threats. This federal exercise in biopolitical management intersected with state-sponsored eugenic sterilization in California institutions. Linking War Relocation Authority and California Department of Institutions records, we document 32 Japanese American sterilization survivors during the wartime incarceration period (1942–1946). We show how federal and state authority converged to deprive Japanese Americans of civil rights and reproductive liberty. We add original research and analysis to the intertwined histories of Japanese American incarceration, eugenics, and family in the United States.

Who Benefits from Mass Incarceration? A Stratification Economics Approach to the “Collateral Consequences” of Punishment

A rich empirical literature documents the consequences of mass incarceration for the wealth, health, and safety of Black Americans. Yet it often frames such consequences as a regrettable artifact of racially disproportionate criminal legal system contact, rather than situating the impetus and functioning of the criminal legal system in the wider context of White political and economic domination. Revisiting a quarter century of mass incarceration research through a stratification economics lens, we highlight how mass incarceration shapes Black–White competition for education, employment, and financial resources and contributes to Black–White disparities in well-being. Highlighting persistent research gaps, we propose a research agenda to better understand how mass incarceration contributes to systematic White advantage. To address mass incarceration's consequences and transform the conditions of White political and economic domination under which it arose, we call for legislative and judicial intervention to remedy White hyper-enfranchisement and reparations to eliminate the Black–White wealth gap.

Carceral Soundscapes

My central research focus seeks to define a poetics of the carceral; to accomplish this goal, I study the relationship between inmate authors, the space of the prison, and the soundscapes their works create. My work builds on that of scholars like Nicole Fleetwood who have shifted conversations toward the materiality of the prison in recent years. My work emerges in conversation with this scholar, as I expand her frameworks to examine how the material shape of the prison is revealed through and imprinted on the work of incarcerated poets. In my paper, I argue that inmate authors articulate the prison experience in unique ways by reconstructing and experimenting with sound to push back against a dehumanizing carceral space. I begin by foregrounding the work of Reginald Dwayne Betts, as he uses the material prison to create soundscapes of his experience. His material use of legal documents and prison moderators creates a tension between the sounds the prison implicitly creates, and those Betts explicitly recreates. The sensory experience of prison, how it is heard and seen, and the recreations of that experience allow us to understand the architecture of carceral space. Ultimately, my paper identifies new directions for analyzing how inmate artists transform the experience of carceral space and inscribe the material life of the contemporary American prison into poetry.

Population Health Implications of Medicaid Prerelease and Transition Services for Incarcerated Populations.

As states expand prerelease and transition services for incarcerated individuals under the Medicaid Reentry Section 1115 Demonstration Opportunity, we sought to systematically inform Medicaid state and plan administrators regarding the population size and burden of disease data available on incarcerated populations in both jails and prisons in the United States. We analyzed data on eligibility criteria for new Medicaid prerelease and transition services based on incarceration length and health conditions across states. We estimated the potentially eligible populations in prisons and jails, considering various incarceration lengths and health status requirements. We also compared disease prevalence in the incarcerated population with that of the existing civilian Medicaid population. We found that rural and smaller states would experience a disproportionately large proportion of their Medicaid populations to be eligible for prerelease and transition services if new Medicaid eligibility rules were broadly applied. Self-reported psychological distress was notably higher among incarcerated individuals compared with those currently on Medicaid. The prevalence rates of previously diagnosed chronic hepatitis C and kidney disease were also much higher in the incarcerated population than the existing civilian Medicaid population. We estimated large volumes of potentially Medicaid-eligible entrants as coverage policy changes take effect over the coming years, particularly impacting smaller and more rural states. Our findings reveal very high disease prevalence rates among the incarcerated population subject to new Medicaid coverage, including specific chronic, infectious, and behavioral health conditions that state Medicaid programs, health plans, and providers may benefit from advanced planning to address.

Emotion regulation as affective neoliberal governmentality.

Emotion regulation is central in many therapy models, including couple and family therapy models. This article draws on poststructuralist governmentality studies and processual affect theory to offer insight into how the therapeutic concept of emotion regulation may reflect and support neoliberal affective forms of self-governance. We suggest that couple and family therapy-through using professional discourses and affect-oriented techniques or interventions-may be another site wherein neoliberal governmentality is implemented and extended in contemporary westernized neoliberalized societies. In facilitating emotion regulation, we argue that there is a risk that therapists may implicitly promote a neoliberal worldview that encourages clients to mobilize neoliberal techniques to become self-improving, entrepreneurial subjects, responsible for their happiness and well-being. Conditions of precarity associated with individualist, neoliberal capitalist ideologies and policies (e.g., unemployment, job insecurity, forced migration, wealth inequalities, mass incarceration, social isolation) generate emotional burdens for people to manage that professional techniques or interventions may normalize as clients' self-management tasks. We theorize emotion regulation as an affective governmentality tactic of power and suggest that couple and family therapy can offer points of resistance to individualization and responsibilization and opportunities for creating or affirming alternative subjectivities and affectivities.

“I’m a Monster, but I’m Not a Monster”: Symbolic and Social Identity Work Among Child Sexual Exploitation Material Users

Child sexual exploitation material (CSEM) users elicit strong negative reactions from society and people within their networks. There are symbolic and social boundaries that these individuals have transgressed, and subsequent identity work involves the negotiation of self and self-presentation. This article combines results from two studies to explore negotiation of identity, symbolic and social boundaries, and associated narratives among 103 CSEM users. One study was an anthropological ethnography with 17 months of UK fieldwork in community-based group programs, and the other involved four months of interviews in sexual offense treatment units of a US prison. Participants’ identity work had commonalities: distinguishing between acts vs identities; differentiating crimes from identities; comparing offenses to others viewed as worse; framing childhood experiences as influencing offending; and situating both offending and post-offending identities within larger society. Results are discussed in the context of debates about risk, treatment, prevention, harm, denial/downplay/minimization, and reintegration. Furthermore, we highlight how identity work occurs within potentially competing/contrasting personal, judicial, treatment, media, and societal reactions to and expectations of individuals who have committed sexual offenses. Finally, we demonstrate the methodological and analytical value of cross-disciplinary comparative qualitative research by showing similarities across participants from different countries, settings, timeframes, and interventions.

Association between lifetime criminal legal involvement and acute healthcare utilization in middle-aged and older US adults, 2015-2019.

Five decades into the era of mass incarceration, a growing number of older adults have experienced criminal legal involvement (CLI) in their lifetime. Studies have shown that prior incarceration is associated with substantial disease burden, but little is known about the distinct needs and utilization patterns of middle-aged and older adults with lifetime CLI compared to those without. Using a nationally representative data set, we tested the association between lifetime CLI exposure and use of acute care services among middle-aged and older adults. Our sample included 44,007 US adults (25,074 middle-aged-50-64 years; 18,709 older- ≥65 years) who participated in the National Survey of Drug Use and Health (2015-2019). The data is publicly available. Our independent variable was lifetime CLI. Using separate negative binomial regression models for middle-aged and older adults, we tested the association between lifetime CLI and acute healthcare utilization (ED visits and nights spent inpatient) controlling for relevant sociodemographic covariates. For middle-aged respondents, 19.1% reported lifetime CLI; for older adults, the rate of exposure was 9.6%. In multivariate models, CLI was associated with increased ED visits in middle-aged adults (IRR 1.18, 95% CI 1.06-1.31) but not older adults (IRR 0.99, 95% CI 0.85-1.16). CLI was associated with increased nights hospitalized in both groups (middle-aged: IRR 1.33, 95% CI 1.08-1.62; older adults: IRR 1.26, 95% CI 1.01, 1.57). Middle-aged and older adults with lifetime CLI experience higher rates of acute care utilization than their peers with no lifetime CLI, even after adjustment for confounders. As the cohort of adults from the era of mass incarceration ages, understanding the mechanisms by which lifetime CLI impacts health outcomes is crucial in designing interventions to improve outcomes and reduce unnecessary acute healthcare utilization.

Mass incarceration as a driver of the tuberculosis epidemic in Latin America and projected effects of policy alternatives: a mathematical modelling study

Tuberculosis incidence is increasing in Latin America, where the incarcerated population has nearly quadrupled since 1990. We aimed to quantify the impact of historical and future incarceration policies on the tuberculosis epidemic, accounting for effects in and beyond prisons. In this modelling study, we calibrated dynamic compartmental transmission models to historical and contemporary data from Argentina, Brazil, Colombia, El Salvador, Mexico, and Peru, which comprise approximately 80% of the region's incarcerated population and tuberculosis burden. The model was fit independently for each country to incarceration and tuberculosis data from 1990 to 2023 (specific dates were country dependent). The model does not include HIV, drug resistance, gender or sex, or age structure. Using historical counterfactual scenarios, we estimated the transmission population attributable fraction (tPAF) for incarceration and the excess population-level burden attributable to increasing incarceration prevalence since 1990. We additionally projected the effect of alternative incarceration policies on future population tuberculosis incidence. Population tuberculosis incidence in 2019 was 29·4% (95% uncertainty interval [UI] 23·9-36·8) higher than expected without the rise in incarceration since 1990, corresponding to 34 393 (28 295-42 579) excess incident cases across countries. The incarceration tPAF in 2019 was 27·2% (20·9-35·8), exceeding estimates for other risk factors like HIV, alcohol use disorder, and undernutrition. Compared with a scenario where incarceration rates remain stable at current levels, a gradual 50% reduction in prison admissions and duration of incarceration by 2034 would reduce population tuberculosis incidence by over 10% in all countries except Mexico. The historical rise in incarceration in Latin America has resulted in a large excess tuberculosis burden that has been under-recognised to date. International health agencies, ministries of justice, and national tuberculosis programmes should collaborate to address this health crisis with comprehensive strategies, including decarceration. National Institutes of Health.

Communal Intimacies

The reproduction of the American home hinges on a clear public/private distinction, wherein the private sphere is traditionally viewed as domestic — a space for interpersonal care and social reproduction, distinct from the abstract political culture of the public. Due to American legal and cultural norms maintaining this division, the mainstream LGBTQ rights movement has privileged privacy as a portal of legitimation, often to the detriment of poor, queer people of color without access to private property. Amid residential segregation, mass incarceration, and welfare reform, queer people of color must reshape and repurpose both public and commercial space to collectively affirm their erotic desires and care for each other through “communal intimacies,” the spatial-kinship practices that decouple care from the domestic, create a pathway for the transfer of libidinal pleasures, and act as a foundation for envisioning and enacting a world of belonging and transformation despite gentrification. Through cultural analysis of John Leguizamo's performance of the “Manny the Fanny” character from his 1991 show Mambo Mouth and Sean Baker's 2015 film Tangerine, this article illustrates novel forms of homemaking that blur the boundaries denoting the public/private spatial divide inherent in neoliberal property regimes.

Cancer care delivery in prisons: From barriers to best practices.

49 Background: Cancer is the leading cause of death in US prisons. Incarcerated patients with cancer have 92% higher 5-year mortality than the general population with cancer, but little is known about how to improve cancer screening, diagnosis and treatment in this high-risk population. Methods: We conducted interviews with state prison medical directors and primary care clinicians, and medical, radiation and gynecologic oncologists who coordinate or provide cancer care for individuals incarcerated in prison. Participants were recruited via 1) email invitation to participants at a correctional health conference, 2) purposeful sampling using targeted emails to clinicians in prison systems selected for diversity in size, geography and correctional health model (e.g., contracted care), and 3) snowball sampling of individuals from research and participant networks. Participants were interviewed about 1) logistics of cancer care delivery from screening and treatment through end-of-life care, 2) barriers and facilitators to cancer care delivery, and 3) evidence-based strategies to facilitate cancer care in prisons, including best practices. Interview transcripts were analyzed using mixed inductive/deductive thematic content analysis to identify emerging themes. Results: 34 participants from 16 prison systems were interviewed (10 medical directors, 6 PCPs, 14 oncologists, 4 other). Participants reported prison clinicians coordinate most cancer care (e.g., screening, diagnosis and symptom management), while cancer treatment largely occurs in community or academic facilities outside of prison. Common barriers identified included underscreening / delays in diagnosis, complex logistical coordination, poor communication (between patients and oncologists, and prison clinicians and oncologists), inadequate symptom management, dehumanizing practices, loss-to-follow-up after release and that patients often come from marginalized populations. Common facilitators were better access to insurance, cancer screening, and general medical and cancer care than incarcerated patients might receive before/after incarceration. Participants identified multiple ways to improve cancer screening (creating enforceable standards, increasing continuing medical education, implementing electronic medical record reminders, reducing logistical barriers), cancer treatment (implementing navigators within prisons and cancer centers, prioritizing care with oncologist input, keeping care in prisons, decarceration), and transitions to the community (Medicaid activation prior to release, community partnerships to facilitate care transitions). Conclusions: Incarceration imposes multiple barriers to cancer care delivery, but clinicians identified numerous tools to improve cancer care in prison. Future studies should test and optimize these strategies to improve cancer outcomes for incarcerated patients.

The Rise of Progressive Prosecutors in the United States: Politics, Prospects, and Perils

Throughout much of the United States, progressive chief prosecutors (PCPs) have campaigned for office by pledging to end mass incarceration and reduce disparities therein. In this review, we summarize the progressive prosecution movement and the evidence base concerning PCPs. We attribute the rising number of PCPs to a disjuncture between the criminal justice policy preferences of state-level policymakers and voters. Although voters, especially in urban areas, prefer reforms aimed at reducing excessive punitiveness and increasing fairness, state-level policymakers have been reluctant to enact such reforms. PCPs bridge this gap by using their authority to implement local reforms without altering state laws. We detail the number of PCPs leading prosecution in urban counties, examine their characteristics, discuss the controversies surrounding PCPs, and critically review the emerging body of evidence concerning the influence of PCPs on sanctioning and public safety.

Structural injustice, marginality, and neurolaw: a normative comparative and theoretical approach.

In this paper, we introduce a perspective based on a comparative viewpoint on the Colombian Penal Code and a theoretical approach to neurolaw and criminal responsibility in contexts of marginality and extreme poverty. We present a further response to the debate on how structural injustice impacts criminal responsibility. By offering a comparative and theoretical insight, this paper enriches the debate and provides an understanding of how legal systems might address these issues. The paper then suggests that other legislations can follow the rule of Article 56 of the Colombian Penal Code, which reduces punishment in circumstances of marginality, ignorance, or extreme poverty. Utilizing neuroscience findings, we briefly highlight the interplay between structural injustice and neurobiological vulnerabilities, emphasizing the complexity of the role of incarceration and criminal law in marginalized populations. We invite scholars to consider debates on alternatives to criminal law, the reduction of prison use and mass incarceration, as well as further remarks on the problem of free will. In this paper, we seek to bridge the gap between neuroscientific insights and socio-legal ethics to foster a more equitable and humane system of justice.

Does prison labour rehabilitate, punish, discipline or exploit a traumatised and racialised population in Australian and American prisons?

This article describes the incarcerated population in Australia and the US as being comprised of peo-ple primarily from racialised and marginalised communities, of whom many have histories of trauma. It is argued that their pre-existing trauma is compounded by trauma arising from both deprivation of liberty in and of itself, and their treatment and conditions in prison. The article compares and draws parallels between rehabilitation as understood under the UN Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment with rehabilitation as an objective of the criminal legal system, arguing for the need for the criminal legal system to refocus from reducing reoffending to pursuing healing. The article argues that contemporary prison labour in Australia and the US should be analysed in the context of historical slavery and forced labour. It considers the different objectives of prison labour, concluding that it is not feasible to effectively achieve multiple objectives (e.g. rehabilitation versus recouping State costs associated with incarceration). The signifi-cant risk that prison labour as it currently operates can amount to exploitative or degrading treatment is explored in the article, which argues that international legal protections need to be strengthened. The article also recommends that there needs to be improved transparency and research regarding the use and effectiveness of prison labour in these jurisdictions (and more broadly) in achieving rehabili-tation, particularly livelihoods in the community, after release from prison.

Decarceration in Southern Europe: Notes on Climate Change in the Penal Field

AbstractAgainst the backdrop of the economic and political crises affecting Europe in the late 2000s and early 2010s, incarceration rates began to shrink in many European countries, ushering in a decarceration period that continues to this day—albeit with cross-border divergences. In fact, Europe was the world region with the greatest decline in incarceration rates in the 2010s. Evidently, this unexpected shift stands in stark contrast to the penal populism policies characterising penality in global north regions in the 1990s and 2000s, as well as to the mass incarceration path still followed by many global south jurisdictions in the 2020s. Spain is a suitable national case to examine this recent turn, since Spanish incarceration rates increased almost eightfold in just three decades, before an intriguing and steady decline began that is almost unparalleled in western Europe. This paper focuses on the Spanish case, exploring the background and proximate causes that have enabled the current decarceration scenario. In addition, it scrutinises if and to what extent the changes witnessed in the Spanish case reverberate across wider European regions. In so doing, the paper attempts to grasp the climate change impacting the penal field in many global north jurisdictions.

County-level jail and state-level prison incarceration and cancer mortality in the United States.

This study examined the association of county-level jail and state-level prison incarceration rates and cancer mortality rates in the United States. Incarceration rates (1995-2018) were sourced from national data and categorized into quartiles. County- and state-level mortality rates (2000-2019) with invasive cancer as the underlying cause of death were obtained from the National Vital Statistics System. Compared with the first quartile (lowest incarceration rate), the second, third, and fourth quartiles (highest incarceration rate) of county-level jail incarceration rate were associated with 1.3%, 2.3%, and 3.9% higher county-level cancer mortality rates, respectively, in adjusted analyses. Compared with the first quartile, the second, third, and fourth quartiles of state-level prison incarceration rate were associated with 1.7%, 2.5%, and 3.9% higher state-level cancer mortality rates, respectively. Associations were more pronounced for liver and lung cancers. Addressing adverse effects of mass incarceration may potentially improve cancer outcomes in affected communities.

Nutritional Characteristics of Menus in State Prisons.

Nutrition-related health disparities plague prisons in the United States. Unregulated and inadequate prison menus may contribute to noncommunicable chronic health conditions in this vulnerable population. The purpose of this research was to assess nutrition offerings provided by prison menus. Researchers requested the most current version of all master menus and associated nutrition analyses for gendered and age-centric (pediatric vs geriatric) menus. Menu and nutrient data were extracted and entered into a spreadsheet for analysis. Prisons serve gendered or nongendered menus to the general population, and 52.9% of prisons offer nongendered menus where males and females receive the same meals. This approach provides excess calories and saturated fat to females. Sodium was served in excess to both males and females. Fruit and vegetable servings on all gendered menus fell short of recommendations. The average prison menu inappropriately offers calories, sodium, and fruit and vegetable servings in a one-size-fits-all menu development method without considering gender, age, and physical activity. Interpretation and application of Dietary Guidelines for Americans are inconsistent. Nutrition guidelines recommending appropriate nutrients and food groups should be developed and available to corrections systems and dietitians. Current prison menu development practices yield inappropriate nutrition for prison populations.

Police’s attribution of racial inequality in the criminal justice system: a case of non-binary color-blindness

ABSTRACT This study critically examines how police officers attribute racial disparities within the US criminal justice system. For this inquiry, the study used in-depth interviews with 65 police officers from 4 police departments in a midwestern county. The findings revealed that 17 of these police officers invoked structural explanations to account for racial disparities prevalent in the US. However, this apparent racial awareness prompted them to underscore the pervasiveness of racism beyond the realms of criminal justice. Consequently, they attributed racial inequities within the criminal justice system to structural racism entrenched in non-criminal justice institutions, thereby rationalizing the current policing institution. This finding highlights the efficacy of a non-binary notion of color-blind ideology to elucidate the flexible and adaptable cultural frameworks that sustain racial hierarchies. Moreover, it enriches the scholarship on racialized organizations, occupations, and work by discussing the ideological limits of change in fostering racial equity within an occupation.

HỌC THUYẾT VI PHẠM VÔ HẠI TRONG TƯ PHÁP HÌNH SỰ HOA KỲ VÀ VI PHẠM TỐ TỤNG KHÔNG LÀM THAY ĐỔI BẢN CHẤT VỤ ÁN TẠI VIỆT NAM

During the investigation, prosecution, and adjudication of criminal cases, there is carry the risk of procedural violations and errors. When conducting appellate or cassation trials, it is crucial to determine the seriousness or harmlessness of any procedural offences to decide whether to cancel the judgment for re-investigation or re-trial. The authors introduce the doctrine of “harmless error” in the United States criminal justice system and analyzes the “procedural violations that do not change the nature of the case” in Vietnam. Finally, the authors recommend developing regulations on this type of violation in Vietnam’s criminal procedure lane.

Racial Differences in Medications for Opioid Use Disorder Initiation in a Carceral Setting.

The opioid overdose crisis significantly affects marginalized communities, with people of color experiencing higher rates of overdose and barriers to treatment. The syndemic of opioid use disorder and mass incarceration exacerbates racial health disparities. Some carceral facilities offer medication for addiction treatment, though no significant research explores differences in type of treatment uptake by race in these settings. This study focuses on the racial differences in medications for opioid use disorder (MOUD) preferences among incarcerated individuals. A retrospective cohort study was conducted at the Rhode Island Department of Corrections (RIDOC), examining MOUD-type preferences (buprenorphine or methadone) among incarcerated individuals. The study utilized RIDOC electronic medical records from January 1, 2017 to December 31, 2022, involving 3533 unique incarceration events. Participants were categorized by race (White vs non-White) and MOUD status (new initiation vs community continuation), with logistic regression models. The study found no direct racial disparity in preferences for MOUD type. However, an interaction between race and MOUD initiation status significantly influenced MOUD-type preference. Among those initiating MOUD during incarceration, non-White individuals were more likely to choose buprenorphine compared to their White counterparts. This research provides new insights into the intersection of race, incarceration, and MOUD preferences. While direct racial disparities in MOUD type were not observed, the analysis uncovered a notable interaction effect: race influences the relationship between MOUD initiation status and the selected MOUD treatment during incarceration. Specifically, data demonstrate that the likelihood of choosing buprenorphine varies significantly based on both racial background and whether the treatment was initiated during incarceration or in the community. Further research is needed in different geographic settings to understand the broader implications to help guide equitable healthcare delivery in jails and prisons.

Spatiotemporal Facility-Level Patterns of Summer Heat Exposure, Vulnerability, and Risk in United States Prison Landscapes.

Heat is associated with increased risk of morbidity and mortality. People who are incarcerated are especially vulnerable to heat exposure due to demographic characteristics and their conditions of confinement. Evaluating heat exposure in prisons, and the characteristics of exposed populations and prisons, can elucidate prison-level risk to heat exposure. We leveraged a high-resolution air temperature data set to evaluate short and long-term patterns of heat metrics for 1,614 prisons in the United States from 1990 to 2023. We found that the most heat-exposed facilities and states were mostly in the Southwestern United States, while the prisons with the highest temperature anomalies from the historical record were in the Pacific Northwest, the Northeast, Texas, and parts of the Midwest. Prisons in the Pacific Northwest, the Northeast, and upper Midwest had the highest occurrences of days associated with an increased risk of heat-related mortality. We also estimated differences in heat exposure at prisons by facility and individual-level characteristics. We found higher proportions of non-white and Hispanic populations in the prisons with higher heat exposure. Lastly, we found that heat exposure was higher in prisons with any of nine facility-level characteristics that may modify risk to heat. This study brings together distinct measures of exposure, vulnerability, and risk, which would each inform unique strategies for heat-interventions. Community leaders and policymakers should carefully consider which measures they want to apply, and include the voices of directly impacted people, as the differing metrics and perspectives will have implications for who is included in fights for environmental justice.