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Care and Custody in a Pennsylvania Prison
University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2016 Wards Of The State: Care And Custody In A Pennsylvania Prison Nicholas Iacobelli University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Public Health Education and Promotion Commons, and the Social and Cultural Anthropology Commons Recommended Citation Iacobelli, Nicholas, "Wards Of The State: Care And Custody In A Pennsylvania Prison" (2016). Publicly Accessible Penn Dissertations. 2350. https://repository.upenn.edu/edissertations/2350 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/2350 For more information, please contact [email protected]. Wards Of The State: Care And Custody In A Pennsylvania Prison Abstract In this dissertation, I examine the challenges and contradictions as well as the expectations and aspirations involved in the provision of healthcare to inmates in a maximum-security prison in Pennsylvania. In 1976, the Supreme Court granted inmates a constitutional right to healthcare based on the notion that a failure to do so would constitute “cruel and unusual punishment.” Drawing on two years of ethnographic fieldwork from 2014-2016 in the prison’s medical unit with inmates, healthcare providers, and correctional staff, I demonstrate how the legal infrastructure built around this right to healthcare operates in practice and the myriad effects it has for those in state custody. Through traversing the scales of legal doctrine, privatized managed care, and collective historical memory, bringing these structural components to life in personal narratives and clinical interactions, I advance the notion that the physical space of the prison’s medical unit is a “ward of the state” – a space of care where the state itself is “made” through interactions among individuals who relay and enact the legal regulations on inmate healthcare. -
Paradigms of Restraint
02__MURPHY.DOC 5/27/2008 1:44:55 PM PARADIGMS OF RESTRAINT ERIN MURPHY† ABSTRACT Incapacitation of dangerous individuals has conventionally entailed the exercise of physical control over an actual body: the state confines the person in jail. But advances in technology have changed that convention. A variety of new technologies—such as GPS tracking bracelets, biometric scanners, online offender indexes, and DNA databases—give the government power to control dangerous persons without relying on any exertion of physical control. The government can track the location of a person in real time, receive remote notification that an individual has ingested alcohol, or electronically zone someone into a home or out of a public park. It can prove conclusively that a particular person wore a hat or took a sip from a discarded soda can, or identify a single face in a ten thousand–person crowd. In this day and age, restraint of the dangerous can be as much about keeping people out of a place as it used to be about locking them up in one. But whereas physical incapacitation of dangerous persons has always invoked some measure of constitutional scrutiny, virtually no legal constraints circumscribe the use of its technological counterpart. Across legal doctrines, courts erroneously treat physical deprivations Copyright © 2008 by Erin Murphy. † Assistant Professor, University of California, Berkeley (Boalt Hall). I owe a debt of gratitude to Carol Steiker, who invited me to participate in the Conference on Criminal Procedure Stories at Harvard Law School at which a preliminary version of this work was given, and to Dan Richman, whose superb piece on United States v. -
Use of Force Policy Certification
Use of Force Policy Certification Agency: New London Police Department Assessor: Lt. Matthew Wagner Date: 11/20/2020 The Assessor is to review all relevant policies to determine compliance with the below listed mandatory requirements. The Agency’s use-of-force policies adhere to all applicable federal, state, and local laws. Context Compliance can be achieved by incorporating the above language into policy. If language is not present the assessor can find compliance if there are no procedures in their policy that would be in violation of the law, such as having procedures in violation of Graham v Connor, procedures in conflict with the Wisconsin DAAT Manual, etc. In Compliance Not in Compliance The Agency maintains use-of-force policies that prohibit the use of choke holds, except in those situations where the use of deadly force is allowed by law. Context Policy must include a prohibition of chokeholds for compliance. The agency may elect to allow the exception for chokeholds in those situations where the use of deadly for is justified by law, or to ban chokeholds completely. Agencies choosing to maintain the use of a Vascular Neck Restraint as a force option must clearly identify the differences between a Choke Hold and a Vascular Neck Restraint in their policy and address any procedures, restrictions, or limitations on the use of the Vascular Neck Restraint. Choke Hold – A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. Vascular Neck Restraint – A technique that can be used to incapacitate individuals by restricting the flow of blood to their brain. -
Best Practices in the Use of Restraints with Pregnant Women and Girls Under Correctional Custody
BEST PRACTICES IN THE USE OF RESTRAINTS WITH PREGNANT WOMEN AND GIRLS UNDER CORRECTIONAL CUSTODY Purpose of the Best Practices Statement The National Task Force on the Use of Restraints with Pregnant Women under Correctional Custody, initially convened by the U.S. Department of Justice in 2011, created this best practices statement to articulate a set of principles to guide agencies and jurisdictions in the development of local policy and practice. These best practices are relevant across a variety of settings including criminal justice, juvenile justice, psychiatric and forensic hospitals, law enforcement transport, and others. This document refers and applies to both women (age 18 years and older) and girls (younger than age 18) who are pregnant, laboring and delivering, or in the post-partum period. This statement is not a proscribed policy. Rather, it should serve as a starting point for individual organizations to use in developing effective internal policies, procedures, and practices that maximize safety and minimize risk for pregnant women and girls, their fetuses/newborns, and correctional and medical staff. Bureau of Justice Assistance U.S. Department of Justice ACKNOWLEDGMENT. The development of this document was sponsored by the Bureau of Justice Assistance, Office of Justice Programs (OJP), U.S. Department of Justice (DOJ). It was prepared by the National Association of State Mental Health Program Directors (NASMHPD) under Contract No. HHSS2832007000201 awarded by SAMHSA, and by the National Resource Center on Justice-Involved Women under Grant No. 2010-DJ-BX-K080 awarded by DOJ. It was written by Kristen King, MPS, from Advocates for Human Potential, Inc., with editorial oversight by Madeline Carter and Rachelle Ramirez from the Center for Effective Public Policy, contributions from Richard P. -
Directive 5.11 PRISONER TRANSPORT
Athens-Clarke County Police Department Directive 5.11 PRISONER TRANSPORT Effective Date: May 28, 2020 Cancels: B1/13/07, B1/13/03, A3/03/09 Updated Date: Section(s): SME Review Date: Updated Date: Section(s): May 28, 2022 Updated Date: Section(s): CONTENTS 5.11.1 POLICY AND PURPOSE 5.11.2 DEFINITIONS 5.11.3 RULES/RESPONSIBILITIES 5.11.4 TRANSPORTING NON-ARRESTEES 5.11.5 POSITIONAL ASPHYXIA 5.11.6 PROCEDURES 5.11.7 TRAINING 5.11.1 POLICY AND PURPOSE The purpose of this Directive is to establish procedures and guidelines whereby prisoners, persons living with a mental illness, or persons in the custody of the police will be transported. It is the policy of the Athens-Clarke County Police Department that all prisoners, persons living with a mental illness, or persons in the custody of the police will be transported in a manner that provides maximum security and safety of the prisoner, the public, and the transporting officer. 5.11.2 DEFINITIONS Flex-Cuff – a plastic strip that can be fastened as a restraint around a person’s wrists or ankles. Handcuffs – restraint devices designed to secure a person’s wrists close together. 5.11 PRISONER TRANSPORT PAGE 2 Ripp Hobble – a one-inch wide webbed belting designed to be used in various situations to secure the legs and ankles of an individual. Leg-Iron/Shackle – a kind of physical restraint used on the feet or ankles. Positional Asphyxia – a condition which may be caused or exacerbated by stress owing to the position of the body, with the stress influencing or inhibiting respiration. -
Mechanical Restraint in Psychiatric Healthcare Facilities
Mechanical restraint in psychiatric healthcare facilities A helpful tool, or torture or other cruel, inhuman or degrading treatment or punishment in disguise? Julia Rudhe Faculty of Law at Stockholm University Thesis 30 ECTS Subject: Public International Law Spring semester 2021 Supervisor: Per Ahlin Abstract The use of mechanical restraint is a common practice in psychiatric care, often defended by medical necessity but seldom questioned from a human rights per- spective. The purpose of this thesis has been to investigate under which circum- stances mechanical restraint by bed through belt fixation could amount to torture and other cruel, inhuman or degrading treatment or punishment. Persons with psychosocial disabilities are in a particularly vulnerable situation and as the Inter- national Convention on the Rights of Persons with Disabilities (CRPD) is the most comprehensive rights framework for this group, it has been discussed whether the CRPD sets out additional safeguards in relation to restraint. A legal doctrinal approach is the basic methodology used in order to outline the current international and European legal framework on torture and other ill- treatment and disability rights. A survivor-controlled research methodology has been applied and to amplify other voices of persons with firsthand experience of being mechanically restrained, interviews have been conducted with persons from Sweden and Spain. Healthcare professionals have also been interviewed. A feminist perspective on the law is applied. Different international conventions and bodies of the United Nations have diverse interpretations on what acts or omissions that amount to torture and other cruel, inhuman or degrading treatment or punishment, although there is an aim and will to streamline the conventions. -
Jailed and Homeless
Homeless and Jailed: Jailed and Homeless The John Howard Society of Toronto August 2010 Acknowledgements We are indebted to the many inmates who answered our questions for no recompense than to contribute to this report. We also wish to express our appreciation to the following people for their kind assistance in this study: Gregory Brown and Lina Guzzo, Correctional Services Research Committee Kathy Underhill, Supervisor, Statistics, Community Safety and Correctional Services John Howard Society of Ontario staff Lori Shank and Records Department staff, Toronto East Detention Centre Aldene Buchanan, Toronto West Detention Centre Mariann Taylor-Baptiste, Sheri Murphy, and Jim Aspiotis, Toronto Jail Rhonda Frank, Janette Gauthier, and Glen Maitland, Maplehurst Correctional Centre Gary Reist, Executive Director, John Howard Society of Peel-Halton-Dufferin Kathryn Lynch, John Howard Society of Peel-Halton-Dufferin Harvey Low, Acting Manager, Social Research & Analysis Unit, City of Toronto Tony Doob, Professor, University of Toronto Paula McLellan, Program Manager, Toronto Bail Program Cameron Brown, Program Director, Toronto Bail Program Advisory Committee The following members of the Advisory Committee were selected for their various forms of expertise and provided critical assistance with research design, interpretation of results, and development of recommendations: Greg Rogers, Executive Director, John Howard Society of Toronto Pat Larson, Nurse Practitioner, Sherbourne Health Centre Victor Willis, Executive Director, Parkdale Activity and Recreation Centre Stephen Gaetz, Professor, York University John Sewell, Co-ordinator, Toronto Police Accountability Coalition Frances Sanderson, Executive Director, Nishnawbe Homes Boris Rosolak, Toronto Shelter, Support and Housing Administration, City of Toronto Funders and Contributors This research was made possible with funding from the Homelessness Partnering Secretariat of Human Resources and Development Canada under the Homelessness Knowledge Development Program (HKDP). -
Cultural Landscape Report for Fort Mchenry National Monument and Historic Shrine
National Park Service U.S. Department of the Interior CULTURAL LANDSCAPE REPORT FOR FORT MCHENRY NATIONAL MONUMENT AND HISTORIC SHRINE SITE HISTORY, EXISTING CONDITIONS AND ANALYSIS CULTURAL LANDSCAPE REPORT FOR FORT MCHENRY FORT M C H ENRY N ATIONAL M ONUMENT AND HISTORIC S HRINE Prepared by: Mark Davison, Historical Landscape Architect, Olmsted Center for Landscape Preservation Eliot Foulds, Historical Landscape Architect, Olmsted Center for Landscape Preservation August 2004 CULTURAL LANDSCAPE REPORT FOR FORT MCHENRY NATIONAL MONUMENT AND HISTORIC SHRINE The Olmsted Center for Landscape Preservation promotes the preservation of significant landscapes through research, planning, stewardship, and education. The Center accomplishes its mission in collaboration with a network of partners including national parks, universities, government agencies and private nonprofit organizations. Olmsted Center for Landscape Preservation 99 Warren Street Brookline, Massachusetts 02445 617.566.1689 www.nps.gov/frla/oclp.htm Publication Credits: Information in this report may be copied and used with the condition that credit be given to the authors, and the Olmsted Center for Landscape Preservation. This report has been prepared for in-house use, and will not be made available for sale. Photographs and graphics may not be reproduced for re-use without the permission of the owners or repositories noted in the captions. Cover Photo: Fort McHenry and Patapsco River, looking east, by the authors, July 2003. NPS / FOMC - D62 August. 2004 ii CONTENTS LIST OF -
A Guide to Preparing for and Responding to Prison Emergencies
U.S. Department of Justice National Institute of Corrections A Guide to Preparing for and Responding to Prison Emergencies Self-Audit Checklists • National Survey Results • Resource Materials • Case Studies U.S. Department of Justice National Institute of Corrections 320 First Street, NW Washington, DC 20534 Morris L. Thigpen Director Larry Solomon Deputy Director George M. Keiser Chief, Community Corrections/Prisons Division Randy Corcoran Project Manager National Institute of Corrections World Wide Web Site http://www.nicic.org A Guide to Preparing for and Responding to Prison Emergencies Self-Audit Checklists • National Survey Results • Resource Materials • Case Studies Jeffrey A. Schwartz, Ph.D. Cynthia Barry, Ph.D. LETRA, Inc. Campbell, California June 2005 NIC Accession Number 020293 This document was funded by cooperative agreement number 02P11 from the National Institute of Corrections, U.S Department of Justice. Points of view or opinions stated in this document are those of the authors and do not neces- sarily represent the official opinion or policies of the U.S. Department of Justice. Cover photos: Left photo courtesy of the Office of Law Enforcement Technology Commercialization, Wheeling, West Virginia. Middle photo ©Photodisc Illustration/ Getty Images. Right photo ©Corbis. Contents Foreword . .v Preface . .vii Acknowledgments . .ix Section 1: Introduction . .1 Background . .3 Development of This Guide . .9 Section 2: Conducting an Audit . .15 Purpose and Philosophy . .17 Preliminary Considerations . .21 How To Use the Self-Audit Checklists . .25 Section 3: Self-Audit Checklists . .37–180 Emergency Preparedness Self-Audit Checklist . .EP-1 Natural Disaster/HAZMAT/Fire Self-Audit Checklist . .ND-1 Counterterrorism Self-Audit Checklist . .CT-1 Section 4: Report on the National Survey of Emergency Readiness in Prisons . -
Prison Visits: on the Outside Looking in Victoria Simpson Beck, Stephen C
Prison Visits: On the Outside Looking In Victoria Simpson Beck, Stephen C. Richards and Preston Elrod he American prison population continues to grow. According to the TBureau of Justice Statistics, as of December 31, 2006, there were 2,258,983 people in American prisons and jails. The Federal Bureau of Prisons is the largest prison system in the United States. As of February 2008, the Federal Bureau of Prisons listed 114 institutions with a total prisoner population of 200,931. The majority of federal prisoners are housed in institutions miles away from their last place of residence, serving extremely long sentences for non-violent offences (Mumola, 2000). Research has found that one major impediment to visiting loved- ones in prison is the distance to the prison (Casey-Acevedo and Bakken, 2002). Visitors face transportation and financial barriers to visiting (Tewksbury and DeMichele, 2006). It is an exhausting, resource- intensive process for a family member to make one visit to a prison (Christian, 2006). Consequently, 41.1 percent of federal prisoners never receive a visit from their family (Mumola, 2000), and are more likely to serve their time in social isolation and feel the pains of imprisonment more acutely. One way to reduce those pains for federal and state prisoners is through volunteer prison visitation work, which is shown to help prisoners cope with life in the penitentiary and build relationships (Duncan and Balbar, 2008). People may decide to volunteer to visit prisoners for religious, spiritual, moral, ethical, social, personal or professional reasons. Numerous religious organizations sponsor and encourage volunteers to visit prisons. -
(2015) Behaviour Management and Restraint of Children in Custody
Thematic report by HM Inspectorate of Prisons Behaviour management and restraint of children in custody A review of the early implementation of MMPR by HM Inspectorate of Prisons November 2015 Glossary of terms We try to make our reports as clear as possible, but if you find terms that you do not know, please see the glossary in our ‘Guide for writing inspection reports’ on our website at: http://www.justiceinspectorates.gov.uk/hmiprisons/about-our-inspections/ Crown copyright 2015 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected] Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at the address below or: [email protected] This publication is available for download at: http://www.justiceinspectorates.gov.uk/hmiprisons/about-our-inspections/ ISBN: 978-1-84099-724-8 Printed and published by: Her Majesty’s Inspectorate of Prisons Victory House 6th floor 30–34 Kingsway London WC2B 6EX England 2 Behaviour management and restraint of children in custody thematic report Contents Contents Acknowledgements 4 Introduction 5 Section 1. Summary 9 Section 2. Background 15 Section 3. The MMPR system 29 Section 4. Implementing MMPR 35 Section 5. MMPR in practice 41 Section 6. Governance and oversight of MMPR 67 Section 7. -
Improving Jail Safety and Security
Jail Vulnerability Assessment: A Systems Approach to Improve Safety and Security FINAL DRAFT December 2008 [inside front cover] U.S. Department of Justice National Institute of Corrections 320 First Street, NW Washington, DC 20534 Morris L. Thigpen Director (to be added) Deputy Director Virginia A. Hutchison Chief, Jails Division Michael Jackson Project Manager _____________________________________________________________ National Institute of Corrections World Wide Web Site www.nicic.org _______________________________________________________ [title page] Jail Vulnerability Assessment: A Systems Approach to Improve Safety and Security Rod Miller John E. Wetzel December 2008 NIC Accession Number 000000 [verso title page] This document is supported by cooperative agreement #07J61GJS0 from the National Institute of Corrections, U.S. Department of Justice. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official opinion or policies of the U.S. Department of Justice. CONTENTS Foreword Acknowledgments Introduction Purpose and Scope 1 Audience and Intended Use 1 Chapter 1. Setting the Stage A. Safety and Security Principles 3 B. Courts and the Constitution 4 C. Standards 5 D. Trends in the Jail Setting 7 E. The Jail Vulnerability Assessment (JVA) Process 9 Chapter 2. Phase One of the JVA Process Introduction 13 A. Step 1A: Defining Threats and Threat Capabilities 13 B. Step 1B: Analyzing Facilities, Technology and Operations 19 C. Step 1C: Assembling and Classifying Findings 26 Chapter 3. Phase Two: Advanced Risk Identification Introduction 33 A. Step 2A: Path Sequence Diagrams (PSD) and Scenarios 40 B. Step 2B: Assessing Risk with the EASI Model 50 Chapter 4. Phase Three- Create Solutions 61 Chapter 5.