Prison Reform Or Prison Abolition?
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Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna. -
Introduction to Criminology
PART 1 © Nevarpp/iStockphoto/Getty Images Introduction to Criminology CHAPTER 1 Crime and Criminology. 3 CHAPTER 2 The Incidence of Crime . 35 1 © Tithi Luadthong/Shutterstock CHAPTER 1 Crime and Criminology Crime and the fear of crime have permeated the fabric of American life. —Warren E. Burger, Chief Justice, U.S. Supreme Court1 Collective fear stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd. —Bertrand Russell2 OBJECTIVES • Define criminology, and understand how this field of study relates to other social science disciplines. Pg. 4 • Understand the meaning of scientific theory and its relationship to research and policy. Pg. 8 • Recognize how the media shape public perceptions of crime. Pg. 19 • Know the criteria for establishing causation, and identify the attributes of good research. Pg. 13 • Understand the politics of criminology and the importance of social context. Pg. 18 • Define criminal law, and understand the conflict and consensus perspectives on the law. Pg. 5 • Describe the various schools of criminological theory and the explanations that they provide. Pg. 9 of the public’s concern about the safety of their com- Introduction munities, crime is a perennial political issue that can- Crime is a social phenomenon that commands the didates for political office are compelled to address. attention and energy of the American public. When Dealing with crime commands a substantial por- crime statistics are announced or a particular crime tion of the country’s tax dollars. Criminal justice sys- goes viral, the public demands that “something be tem operations (police, courts, prisons) cost American done.” American citizens are concerned about their taxpayers over $270 billion annually. -
Prisoners of Solitude: Bringing History to Bear on Prison Health Policy Margaret Charleroy and Hilary Marland
Prisoners of Solitude: Bringing History to Bear on Prison Health Policy Margaret Charleroy and Hilary Marland Season two of the popular prison drama Orange is the New Black opens in a small concrete cell, no larger than a parking space. The cell is windowless and sparsely furnished; it holds a toilet, a sink and a limp bed. The only distinguishing feature we see is a mural of smeared egg, made by the cell's resident, the show's protagonist Piper Chapman. When a correctional officer arrives at this solitary confinement cell, he wakes her, and mocks her egg fresco. “This is art,” she insists. “This is a yellow warbler drinking out of a daffodil.” Her rambling suggests the confusion and disorientation associated with inmates in solitary confinement, who often become dazed after only a few days in isolation. As the scene continues, we see Piper exhibit further symptoms associated with both short- and long-term solitary confinement—memory loss, inability to reason, mood swings, anxiety—all indicating mental deterioration and impaired mental health. In this and other episodes, we begin to see solitary confinement as the greatest villain in the show, more villainous than any character a writer could create. The new and growing trend of television prison dramas like Orange is the New Black brings the issue of solitary confinement, along with other issues related to incarceration, to a more general audience, exposing very real problems in the failing contemporary prison system, not just in America, but worldwide. The show's success leads us to ask how history, alongside fictional dramas and contemporary case reports, can draw attention to the issue of solitary confinement. -
Anti- Corruption, Drug Control and the Fight Against Other Transnational Organized Crime
UNODC’s Country programme for Nigeria addresses drug and crime control priorities and focuses on partnerships with key stakeholders. CONIG’s expanding programme portfolio centers around judicial and prison reform, anti- corruption, drug control and the fight against other transnational organized crime. It also aims at better services for victims of human trafficking, drug abusers, and HIV-AIDS risk groups. UNODC Nigeria is located at United Nations House, Plot 617/618 Diplomatic Drive, Central Area District, Abuja P.M.B. 2851, Garki, Abuja. Tel: 234-9-4616552, 4616555; Fax: 234-9-4618533. We welcome comments and feedback. Please contact [email protected] . NOVEMBER 2010 ANTI - CORRUPTION HUMAN TRAFFICKING UNODC Hands Over to EFCC after 5 Years of support The Horror of Child Witch After five years of successful project implementation of the 25 million Euro Stigmatization European Union funded project, UNODC officially handed the reigns of the NAPTIP in collaboration with UNODC, UNICEF and the project to EFCC on 25 November. All parties present confirmed the project’s Governments of Switzerland, UK and Finland impact on the operational and technical capacity of EFCC and the Nigerian organized a sensitization and capacity building judiciary. EFCC’s executive chairman, Chief (Mrs) Farida Waziri thanked the workshop on 11 - 12 November child witch European Union (EU) and UNODC for their support and expertise. She stigmatization practices in Nasarawa State. The acknowledged the crucial role they played in the automation of processes, workshop reviewed the existing legislative capacity building and the development of the national anti-corruption strategy. framework on protection of children’s rights and Mr. -
Integrated Technical Guidance Notes on Transnational Organized Crime
Security Sector Reform Integrated Technical Guidance Notes Transnational Organized Crime and Security Sector Reform DPA UNDP Department of Political Affairs United Nations Development Programme DPKO UNFPA Department of Peacekeeping Operations United Nations Population Fund ODA UNICEF United Nations Office for Disarmament Affairs United Nations Children’s Fund OHCHR UNITAR Office of the High Commissioner for United Nations Institute for Training Human Rights and Research OSAA UNODC Office of the Special Adviser on Africa United Nations Office on Drugs and Crime PBSO UNOPS Peacebuilding Support Office United Nations Office for Project Services SRSG-SVC UN WOMEN Office of the Special Representative of the United Nations Entity for Gender Equality Secretary-General on Sexual Violence in Conflict and the Empowerment of Women Security Sector Reform Integrated Technical Guidance Notes Transnational Organized Crime and Security Sector Reform This document is not to be sold © UN 2016 – All rights reserved Editing by Randy Holden Design and production by Rick Jones Cover images © UN Photo (front) and Shutterstock (back) TRANSNATIONAL ORGANIZED CRIME AND SECURITY SECTOR REFORM ii PREFACE In his report (A/62/659-S/2008/39) on security sector reform (SSR), the Secretary- General advocated a more comprehensive approach to this important area of United Nations support. Since then, SSR has become a core element in multidimen- sional peacekeeping and is recognized as an integral part of conflict prevention, sustainable development and peacebuilding more broadly. The Security Council adopted resolution 2151 in 2014, which affirmed that SSR “in post-conflict environ- ments is critical to the consolidation of peace and stability, promoting poverty reduction, rule of law and good governance, extending legitimate State author- ity, and preventing countries from relapsing into conflict” (S/RES/2151). -
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies
Copyright 2020 by Margo Schlanger Printed in U.S.A. Vol. 115, No. 1 INCREMENTALIST VS. MAXIMALIST REFORM: SOLITARY CONFINEMENT CASE STUDIES Margo Schlanger ABSTRACT—Among criminal justice reformers, it has long been hotly contested whether moderate reform helps or harms more efforts to achieve more thoroughgoing change. With respect to solitary confinement, do partial and ameliorative measures undermine the goal of solitary confinement abolition? Or do reformist campaigns advance—albeit incrementally—that ultimate goal? Call this a debate between “incrementalists” and “maximalists.” I offer this Essay as an appeal for empirical rather than aesthetic inquiry into the question. After summarizing nationwide reform litigation efforts that began in the 1970s, I try to shed some factual light by examining solitary reform efforts in two states, Massachusetts and Indiana. In Massachusetts, early incremental reforms may be providing a blueprint for deeper depopulation of solitary confinement—though the matter is still highly contested. In Indiana, incremental reforms seem to be less effective at achieving deeper depopulation. I offer some hypotheses about the sources of the difference. The evidence suggests that for litigation to trigger broad reform, or significant steps towards solitary abolition, allies are required. In Massachusetts, the political ecosystem has many more reform-minded participants—activists, lawyers, judges, legislators—than does the much redder Indiana. Each such participant can build on the others. In Massachusetts, litigation’s strengths—information generation, thoughtful policy development (codified in settlement documents), publicity, and storytelling—can emerge. Weaknesses—the detachment of litigation from mobilization, hyper-empowerment of lawyers, undue affection for process— are ameliorated by other actors and other actions. -
The Use and Impact of Correctional Programming for Inmates on Pre- and Post-Release Outcomes
U.S. Department of Justice Office of Justice Programs National Institute of Justice National Institute of Justice The Use and Impact of Correctional Programming for Inmates on Pre- and Post-Release Outcomes June 2017 Grant Duwe, Ph.D. Minnesota Department of Corrections This paper was prepared with support from the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice, under contract number 2010F_10097 (CSR, Incorporated). The opinions, findings, and conclusions or recommendations expressed in this publication are those of the authors and do not necessarily represent those of the Department of Justice. NCJ 250476 U.S. Department of Justice Office of Justice Programs 810 Seventh St. N.W. Washington, DC 20531 Howard Spivak Acting Director, National Institute of Justice This and other publications and products of the National Institute of Justice can be found at: National Institute of Justice Strengthen Science • Advance Justice http://www.NIJ.gov Office of Justice Programs Building Solutions • Supporting Communities • Advancing Justice http://www.ojp.usdoj.gov The National Institute of Justice is the research, development, and evaluation agency of the U.S. Department of Justice. NIJ’s mission is to advance scientific research, development, and evaluation to enhance the administration of justice and public safety. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance; the Bureau of Justice Statistics; the Office for Victims of Crime; the Office of Juvenile Justice and Delinquency Prevention; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. National Institute of Justice | NIJ.gov The Use and Impact of Correctional Programming for Inmates on Pre- and Post-Release Outcomes Introduction State and federal prisons have long provided programming to inmates during their confinement. -
The Politics of Prison Abolition: an Organizer’S Guide to Effective Abolition Research and Activism
The Politics of Prison Abolition: An Organizer’s Guide to Effective Abolition Research and Activism by Nathan Brandli Dr. Joseph Richardson, Advisor A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts In the Department of African American Studies Faculty of Behavioral and Social Sciences © Nathan Brandli 2016 University of Maryland College Park Spring 2016 Abstract This thesis paper is an analysis of the politics of the prison abolition movement. Using qualitative semi-structured interviews with University of Maryland students and activists, I incorporate findings from these interviews to discuss common experiences and perspectives among participants regarding prison abolition, criminal justice reform, and the criminal justice system. In addition to the interviews other sources used for this thesis include: published interviews with public figures; literature reviews of prison abolition and anarchist writers; research journals and articles that discuss data and other evidence of our nation’s historical relationship with the criminal justice system; slavery; policing; race; and recent news publications or human rights reports that provide relevant discussion for current political developments regarding criminal justice reform. By analyzing and synthesizing different ideas, events, data, and statements regarding prison abolition, criminal justice reform, and anarchism, I answer important research questions about the prison abolition movement. These questions include: What is the historical context -
Criminal Justice Reform in Post-Conflict States a Guide for Practitioners
Criminal justice reform in post-conflict States A guide for practitioners UNITED STATES INSTITUTE OF PEACE UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Criminal justice reform in post-conflict States A guide for practitioners Developed jointly with the United States Institute of Peace UNITED NATIONS New York, 2011 © United Nations, September 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city, area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna Foreword The reform of criminal justice systems has become a priority for the international com- munity in its efforts to assist transitional and post-conflict societies in re-establishing the rule of law. In different parts of the world—from Afghanistan to Iraq, Haiti to Liberia— numerous international and regional organizations, bilateral donors, and non-governmen- tal organizations are engaged in a variety of activities aimed at rebuilding or developing criminal justice systems. The men and women sent by the international community to advise post-conflict States on specific facets of criminal justice reform are talented, dedicated, and hard working. However, their determination to make a difference can lead them—especially those unfamiliar with the requirements of operating in unstable and unpredictable post-conflict environments—to focus solely on their own aspects of criminal justice reform and lose sight of the challenges and complexities of criminal justice reform as a whole. -
International Centre for Criminal Law Reform and Criminal Justice Policy
INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE POLICY ANNUAL REPORT 2010 – 2011 The International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR) / Le Centre international pour la réforme du droit criminel et la politique en matière de justice pénale (CIRDC) 1822 East Mall, Vancouver, B.C. / C.-B. V6T 1Z1 CANADA Tel / Tél: + 1 (604)-822-9875 Fax / Téléc: + 1 (604)-822-9317 Email / Courriel: [email protected] http://www.icclr.law.ubc.ca INTRODUCTION The International Centre for Criminal Law Reform and Criminal Justice Policy (“ICCLR” or the “Centre”) is an international institute based in Vancouver, Canada. Founded in 1991, ICCLR is a joint initiative of the Government of Canada, University of British Columbia, Simon Fraser University, the International Society for the Reform of Criminal Law, and the Province of British Columbia. It is officially affiliated with the United Nations (“UN”) pursuant to a formal agreement in 1995 between the Government of Canada and the UN. Through its activities, the Centre contributes to the priorities of Canada and the United Nations in the field of criminal law and criminal justice. The Centre is incorporated under the B.C. Societies Act and is registered as a charitable, non-profit institution in both Canada and the United States. It relies upon financial support from foundations, individuals, government and academic institutions. MANDATE The mandate of the Centre is to promote the rule of law, democracy, human rights, and good governance in criminal law and the administration of criminal justice, domestically, regionally and globally. The Programme assists with current Canadian priorities including efforts to combat transnational organized crime and corruption; to ensure safe and secure communities for Canadians; to emphasize the rights of victims; to actively promote protection of children and women; to enhance effective and fair justice systems, and to promote international cooperation in the fight against serious crimes. -
I. When Solitary Confinement Is Not Comprehensively Restricted, It Is Abused
Comprehensively Restricting Solitary Confinement in Connecticut PROTECT Act, S.B. 1059 Written Testimony of Kevin Keenan Vice President, Vera Institute of Justice www.vera.org Thank you, Chairs Winfield and Stafstrom, Vice Chairs Kasser and Blumenthal, Ranking Members Kissel and Fishbein, and members of the Judiciary Committee, for the opportunity to share with you the Vera Institute’s research and experience related to the practice of solitary confinement in the United States. As you know, Vera has been a proud partner of the State of Connecticut on ground-breaking work to transform its justice system, most notably in co-creating the TRUE and WORTH young adult units at Cheshire Correctional Institution and York Correctional Institution. Those programs, which have received national media attention1 for their progressive and holistic approach to rehabilitation, do many things, but they rely in the first instance on abolishing the use of solitary confinement except in the most extreme cases. Eliminating solitary was the critical first step to establishing that officers and incarcerated people alike need to treat each other as human beings. Only with that baseline of human dignity did those units go on to establish a sense of community based on trust, mutual support, and restorative justice, while creating opportunities to learn from mistakes and demonstrate accountability. We believe Connecticut could again demonstrate its leadership in justice reform by choosing to end the harmful and counterproductive use of solitary confinement through the PROTECT Act, S.B. 1059. Conversely, if Connecticut does not restrict solitary, it will have chosen to continue a practice that harms Connecticut residents, families, and communities, and it will likely fall behind its neighbors, New York and New Jersey, as well as many other jurisdictions, which are moving to restrict this inhumane practice.