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In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
This book constitutes the first publication to utilise a range of social science methodologies to illuminate diverse and new aspects of health research in prison settings. Prison contexts often have profound implications for the health of the people who live and work within them. Despite these settings often housing people from extremely disadvantaged and deprived communities, many with multiple and complex health needs, health research is generally neglected within both criminology and medical sociology. Through the fourteen chapters of this book, a range of issues emerge that the authors of each contribution reflect upon. The ethical concerns that emerge as a consequence of undertaking prison health research are not ignored, indeed these lie at the heart of this book and resonate across all the chapters. Foregrounding these issues necessarily forms a significant focus of this introductory chapter. Alongside explicitly considering emerging ethical issues, our contributing authors also have considered diverse aspects of innovation in research methodologies within the context of prison health research. Many of the chapters are innovative through the methodologies that were used, often adapting and utilising research methods rarely used within prison settings. The book brings together chapters from students, scholars, practitioners and service users from a range of disciplines (including medical sociology, medical anthropology, criminology, psychology and public health).
In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.
Explores the burgeoning menstrual advocacy movement and analyzes how law should evolve to take menstruation into account. Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. Menstruation Matters explores the role of law in this movement. It asks what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. Bridget J. Crawford and Emily Gold Waldman examine these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life.
An authoritative and thought-provoking argument for offering free college in prisons—from the former dean of the Harvard Graduate School of Education. Anthony Cardenales was a stickup artist in the Bronx before spending seventeen years in prison. Today he is a senior manager at a recycling plant in Westchester, New York. He attributes his ability to turn his life around to the college degree he earned in prison. Many college-in-prison graduates achieve similar success and the positive ripple effects for their families and communities, and for the country as a whole, are dramatic. College-in-prison programs have been shown to greatly reduce recidivism. They increase post-prison employment, allowing the formerly incarcerated to better support their families and to reintegrate successfully into their communities. College programs also decrease violence within prisons, improving conditions for both correction officers and the incarcerated. Liberating Minds eloquently makes the case for these benefits and also illustrates them through the stories of formerly incarcerated college students. As the country confronts its legacy of over-incarceration, college-in-prison provides a corrective on the path back to a more democratic and humane society. “Lagemann includes intensive research, but her most powerful supporting evidence comes from the anecdotes of former prisoners who have become published poets, social workers, and nonprofit leaders.”—Publishers Weekly
"The claim of The Black Poets to being... an anthology is that it presents the full range of Black-American poetry, from the slave songs to the present day. It is important that folk poetry be included because it is the root and inspiration of later, literary poetry. Not only does this book present the full range of Black poetry, but it presents most poets in depths, and in some cases presents aspects of a poet neglected or overlooked before. Gwendolyn Brooks is represented not only by poems on racial and domestic themes, but is revealed as a writer of superb love lyrics. Tuming away from White models and retuming to their roots has freed Black poets to create a new poetry. This book records their progress."--from the Introduction by Dudley Randall
The high rate of incarceration in the United States contributes significantly to the nation's health inequities, extending beyond those who are imprisoned to families, communities, and the entire society. Since the 1970s, there has been a seven-fold increase in incarceration. This increase and the effects of the post-incarceration reentry disproportionately affect low-income families and communities of color. It is critical to examine the criminal justice system through a new lens and explore opportunities for meaningful improvements that will promote health equity in the United States. The National Academies convened a workshop on June 6, 2018 to investigate the connection between incarceration and health inequities to better understand the distributive impact of incarceration on low-income families and communities of color. Topics of discussion focused on the experience of incarceration and reentry, mass incarceration as a public health issue, women's health in jails and prisons, the effects of reentry on the individual and the community, and promising practices and models for reentry. The programs and models that are described in this publication are all Philadelphia-based because Philadelphia has one of the highest rates of incarceration of any major American city. This publication summarizes the presentations and discussions of the workshop.
After conducting a comprehensive literature search, the authors undertook a meta-analysis to examine the association between correctional education and reductions in recidivism, improvements in employment after release from prison, and other outcomes. The study finds that receiving correctional education while incarcerated reduces inmates' risk of recidivating and may improve their odds of obtaining employment after release from prison.
Assesses the effectiveness of correctional education for both incarcerated adults and juveniles, presents the results of a survey of U.S. state correctional education directors, and offers recommendations for improving correctional education.