10. Summary
Summary
As we conclude this chapter, we reflect on the intricate landscape of punishment and corrections that unfolds throughout American history. From the fundamental principles of punishment—deterrence, rehabilitation, retribution, incapacitation, and restoration—to the influential foundational philosophies outlined by Packer and Hart, we have explored the core ideologies that shape societal responses to crime and justice.
We addressed the contentious topic of capital punishment and its enduring presence throughout history, shedding light on its historical significance and ongoing debates surrounding its ethical implications. Transitioning into the eras of corrections, we traversed through the development of correctional institutions, witnessing the transformation from punitive penitentiaries to progressive rehabilitation approaches, marking significant shifts in societal perspectives towards responses to crime and incarceration. Within this narrative, we spotlighted the unique experiences of women in prison, revealing the numerous challenges they encounter within correctional facilities.
By illuminating differences between jails and prisons, we clarified the distinctions to enhance understanding between these facilities, which are often confused and used interchangeably. Delving into jails, we offered insights into the broad spanning needs within the diverse demographics of inmates, along with pressing issues in facility management such as overcrowding, inadequate resources, and inmate struggles with mental illness, drug, and alcohol abuse, while providing meaningful suggestions for improving facility management.
Navigating the prison landscape, we dissected various types, structures, and security levels, pinpointing pervasive issues related to prison gang activity. Additionally, we discussed vulnerable inmate populations, such as the growing number of geriatric inmates, the large population of inmates suffering from mental illness, and the increasing prominence of transgender inmates, emphasizing the unique challenges overshadowing the members of these groups.
In closing, we acknowledge the enduring complexities and ethical dilemmas inherent in punishment and corrections. It is our aspiration that this exploration has deepened understanding of the historical foundations and contemporary challenges shaping our criminal justice system, inspiring further inquiry and dialogue. Through confronting these challenges, we aspire to build a more just and equitable society.
Review Questions
- Reflecting on the various principles of punishment outlined at the outset of the chapter, critically assess each principle and provide rationale for your personal stance, indicating whether you agree or disagree with its application in the criminal justice system.
- Remembering the complexities surrounding capital punishment discussed in this chapter, consider the ethical implications, societal impact, and effectiveness of this practice in the modern criminal justice system. How do cultural, legal, and moral perspectives influence attitudes towards capital punishment, and what implications does this have for its continued use or abolition?
- Examine the various correctional eras discussed in this chapter, analyzing the differences in policy and approaches to punishment between them. Consider how each era shaped the evolution of the criminal justice system and its response to crime and incarceration.
- Discuss the key distinctions between prisons and jails, highlighting their respective purposes, populations, and functions within the criminal justice system. Additionally, provide examples of instances where the terms “prisons” and “jails” have been inaccurately used in the news media, social media, popular culture, or entertainment industry, and consider the potential impact of such misrepresentations on public perception and understanding of the corrections system.
- Reflecting on the experiences of women in prison discussed in this chapter, consider the unique challenges they face within correctional facilities. Discuss the impact of gender-specific issues such as reproductive health care, trauma, and childcare responsibilities on women’s experiences in incarceration. How can the criminal justice system better address the needs of incarcerated women and promote rehabilitation and reintegration into society?
- Discuss the societal challenges posed by private prisons, delving into the impact of special interest groups and their influence on governmental policies, as well as the broader implications for mass incarceration. Consider the ethical, economic, and social ramifications of privatized corrections, and evaluate potential alternatives or reforms to address these concerns.
- Compare and contrast various types of prison designs, exploring their unique features, advantages, and drawbacks. Consider factors such as architectural layout, security measures, inmate supervision, and rehabilitative potential. Additionally, analyze how different prison designs may impact inmate behavior, staff safety, and overall facility operations, and evaluate the implications for effective correctional practices.
- Critically evaluate the practice of solitary confinement, considering its ethical implications and potential violations of the Eighth Amendment’s prohibition against cruel and unusual punishment. Reflect on the psychological and physiological effects of prolonged isolation, as well as the efficacy of solitary confinement as a correctional measure. Additionally, examine alternative approaches to inmate management and rehabilitation, and consider the balance between maintaining security and respecting human rights within correctional settings.
- Contemplating the plight of mentally ill inmates within correctional facilities explored in this chapter, consider the ethical and practical challenges posed by incarcerating individuals with mental health disorders. Discuss the implications of the criminal justice system serving as a de facto provider of mental health care, and explore alternative approaches to addressing mental illness in society. How can correctional facilities better support and rehabilitate mentally ill inmates while ensuring public safety and respecting their human rights?
- Examine the challenges faced by transgender vulnerable inmate populations within correctional facilities, considering issues of safety, discrimination, and access to appropriate care. Then, identify and elaborate on three strategies employed by correctional facilities to address the needs of transgender inmates. Evaluate the effectiveness of these strategies in promoting safety, respect, and dignity for transgender individuals in carceral settings.
References
Alarcón, A. L., & Mitchell, P. M. (2012). Costs of capital punishment in California: Will voters choose reform this November? [Special issue]. Loyola of Los Angeles Law Review, 46, S1-S36. https://digitalcommons.lmu.edu/llr/vol46/iss1/5/
Barnes, H. E. (1927). The evolution of penology in Pennsylvania: A study in American social history. Bobbs-Merrill.
Beckett, K., & Evans, H. (2016). Race, death, and justice: Capital sentencing in Washington state, 1981-2014. Columbia Journal of Race and Law, 6(2), 77-114. https://doi.org/10.7916/cjrl.v6i2.2314
Belknap, J. (2007). The invisible woman: Gender, crime, and justice (3rd ed.). Cengage Learning.
Bentham, J. (1791). Panopticon: Or, the inspection-house. Containing the idea of a new principle of construction applicable to any sort of establishment, in which persons … are to be kept … and in particular to penitentiary-houses, prisons, … In a series of letters, written in … 1787. Thomas Byrne.
Blomberg, T. G., & Lucken, K. (2010). American penology: A history of control (2nd ed.). Routledge.
Bogel-Burroughs, N. (2024, January 23). After a botched execution, Alabama is trying an untested method. New York Times. https://www.nytimes.com/2024/01/23/us/nitrogen-execution-alabama-kenneth-smith.html
Bronson, J., & Berzofsky, M. (2017, June). Indicators of mental health problems reported by prisoners and jail inmates, 2011–12 [Special report]. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/imhprpji1112.pdf
Bronson, J., Stroop, J., Zimmer, S., & Berzofsky, M. (2017). Drug use, dependence, and abuse among state prisoners and jail inmates, 2007–2009. Washington, DC: United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention.
Budd, K. M. (2024, February 21). Private prisons in the United States. The Sentencing Project. https://www.sentencingproject.org/reports/private-prisons-in-the-united-states/
Bureau of Justice Statistics. (n.d.). Frequently requested figures. Corrections Statistical Analysis Tool (CSAT) – Prisoners. Retrieved May 18, 2024, from https://csat.bjs.ojp.gov/freq-requested-charts
Bureau of Labor Statistics. (2024, April 17). Correctional officers and bailiffs. Occupational Outlook Handbook, U.S. Department of Labor. Retrieved April 27, 2024, from https://www.bls.gov/ooh/protective-service/correctional-officers.htm
Butler, A. M. (1999). Gendered justice in the American West: Women prisoners in men’s penitentiaries. University of Illinois Press.
Camp, C. G. (1985, July). Prison gangs: Their extent, nature, and impact on prisons. U.S. Department of Justice, Office of Legal Policy, Federal Justice Research Program. https://www.ojp.gov/pdffiles1/Digitization/99458NCJRS.pdf
Carson, E. A. (2021, December). Mortality in local jails, 2000–2019—statistical tables. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/mlj0019st.pdf
Carson, E. A. (2022, December). Prisoners in 2021-Statistical tables. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/p21st.pdf
Carson, E. A., & Kluckow, R. (2023, November). Prisoners in 2022—Statistical tables. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/document/p22st.pdf
Chettiar, I. M., Bunting, W., & Schotter, G. (2012, August). At America’s expense: The mass incarceration of the elderly (Public Law & Legal Theory Research Paper Series, Working Paper No. 12-38; Law & Economics Research Paper Series, Working Paper No. 12-19). New York University School of Law. https://ssrn.com/abstract=2120169
Collins, C. F. (1997). The imprisonment of African American women: Causes, conditions, and future implications. McFarland.
Colvin, M. (1997). Penitentiaries, reformatories, and chain gangs: Social theory and the history of punishment in nineteenth-century America. Springer.
Committee on Causes and Consequences of High Rates of Incarceration, Travis, J. (Ed.), Western, B. (Ed.), Redburn, S. (Ed.), Committee on Law and Justice, & Division of Behavioral and Social Sciences and Education. (2014). The growth of incarceration in the United States: Exploring causes and consequences. National Academies Press. https://doi.org/10.17226/18613
Cooper, R., Heldman, C., Ackerman, A. R., & Farrar-Meyers, V. A. (2016). Hidden corporate profits in the U.S. prison system: The unorthodox policy-making of the American Legislative Exchange Council. Contemporary Justice Review, 19(3), 380-400. https://digitalcommons.tacoma.uw.edu/socialwork_pub/440/
Cooper, S. (1993). The evolution of the federal women’s prison. In E. Adelberg & C. Currie (Eds.), In conflict with the law: Women and the Canadian justice system (pp. 33-49). Press Gang Publishers.
Couloute, L. (2017, May 2). Aging alone: Uncovering the risk of solitary confinement for people over 45. Prison Policy Initiative. Retrieved April 28, 2024, from https://www.prisonpolicy.org/blog/2017/05/02/aging_alone/
Death Penalty Information Center. (n.d.-a). Exonerations by race. Retrieved April 28, 2024, from https://deathpenaltyinfo.org/policy-issues/innocence/exonerations-by-race
Death Penalty Information Center. (n.d.-b). Methods of execution. Retrieved April 28, 2024, from https://deathpenaltyinfo.org/executions/methods-of-execution
Death Penalty Information Center. (2016). Facts about the death penalty [Fact sheet]. https://www.supremecourt.gov/opinions/urls_cited/ot2016/16-5247/16-5247-2.pdf
Dillavou, J., Kreager, D. A., Greenfelder, T., & Zhang, Y. (2022). Mothers inside and out? Pseudo-families and motherhood in a women’s prison. Crime & Delinquency, OnlineFirst. https://doi.org/10.1177/00111287221083884 CC BY NC.
Eastern State Penitentiary Task Force of the Preservation Coalition of Greater Philadelphia, & Marianna Thomas Architects. (1994, July 21). Eastern State Penitentiary historic structures report: Volume I. Eastern State Penitentiary. https://www.easternstate.org/sites/easternstate/files/inline-files/history-vol1.pdf
Emmer, P., Lowe, A., & Marshall, R. B. (2011). This is a prison, glitter is not allowed: Experiences of trans and gender variant people in Pennsylvania’s prison systems. Hearts on a Wire Collective. https://www.heartsonawire.org/wp-content/uploads/2018/09/thisisaprison.pdf
Federal Bureau of Prisons. (n.d.). About our facilities. Retrieved May 18, 2024, from https://www.bop.gov/about/facilities/federal_prisons.jsp
Foucault, M. (1977). Discipline and punish: The birth of the prison (A. Sheridan, Trans.). Vintage Books. (Original work published 1975)
Friedman, L. M. (1993). Crime and punishment In American history. Basic Books.
Garrett, B. L. (2020). Wrongful convictions. Annual Review of Criminology, 3, 245-259. https://doi.org/10.1146/annurev-criminol-011518-024739
Greene, M., Ahalt, C., Stijacic-Cenzer, I., Metzger, L., & Williams, B. (2018). Older adults in jail: High rates and early onset of geriatric conditions. Health & Justice, 6(3), 1-9. https://doi.org/10.1186/s40352-018-0062-9
Gross, S. R., O’Brien, B., Hu, C., & Kennedy, E. H. (2014). Rate of false conviction of criminal defendants who are sentenced to death. PNAS Proceedings of the National Academy of Sciences, 111(20), 7230-7235. https://doi.org/10.1073/pnas.1306417111
Harlow, C. W. (1994, September). Comparing federal and state prison inmates, 1991. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/cfspi91.pdf
Hart, H. L. A. (1968). Punishment and responsibility: Essays in the philosophy of law. Oxford University Press.
Hershberg, T. (1971-1972, Winter). Free Blacks in antebellum Philadelphia: A study of ex-slaves, freeborn, and socioeconomic decline. Journal of Social History, 5(2), 183-209. https://www.jstor.org/stable/3786411
Hindus, M. S. (2012). Prison and plantation: Crime, justice, and authority in Massachusetts and South Carolina, 1767-1878. University of North Carolina Press.
Holdsworth, W. (1952). A history of English law: Volume XIII. Methuen & Co.
Howell, C. (2016). Convict leasing, justifications, critiques, and the case for reparations. Virginia Tech Undergraduate Historical Review, 5, 56-77. https://doi.org/10.21061/vtuhr.v5i1.41 CC BY.
James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M. (2016). The report of the 2015 U.S. Transgender Survey. National Center for Transgender Equality. https://transequality.org/sites/default/files/docs/usts/USTS%20Full%20Report%20-%20FINAL%201.6.17.pdf
Kaiksow, F. A., Brown, L., & Merss, K. B. (2023). Caring for the rapidly aging incarcerated population: The role of policy. Journal of Gerontological Nursing, 49(3), 7-11. https://doi.org/10.3928/00989134-20230209-02
Kann, M. E. (2005). Punishment, prisons, and patriarchy. New York University Press.
Kyckelhahn, T. (2012, December). State corrections expenditures, FY 1982-2010. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/scefy8210.pdf
The Law Dictionary. (n.d.). Punishment. In The Law Dictionary. Retrieved May 18, 2024, from https://thelawdictionary.org/punishment/
Maier, W. B. (2018). Prison higher education and recidivism: A matched comparison among AA, vocational training, and non-degree earning inmates [Doctoral dissertation, Washington State University].
Martinson, R. (1974, Spring). What works? Questions and answers about prison reform. The Public Interest, 35, 22-54.
Monazzam, N., & Budd, K. M. (2023, March). Incarcerated women and girls [Fact sheet]. The Sentencing Project. https://www.sentencingproject.org/app/uploads/2023/05/Incarcerated-Women-and-Girls-1.pdf
National Drug intelligence Center. (2008, April) Attorney General’s report to Congress on the growth of violent street gangs in suburban areas: Appendix B, national-level street, prison, and outlaw motorcycle gang profiles. U.S. Department of Justice. https://www.justice.gov/archive/ndic/pubs27/27612/appendb.htm
National PREA Resource Center. (n.d.). About Prison Rape Elimination Act. Retrieved May 18, 2024, from https://www.prearesourcecenter.org/about/prison-rape-elimination-act
Oberholtzer, E. (2017, November 8). The dismal state of transgender incarceration policies. Prison Policy Initiative. https://www.prisonpolicy.org/blog/2017/11/08/transgender/
Office of the Inspector General. (2016, February). The impact of an aging inmate population on the Federal Bureau of Prisons. U.S. Department of Justice. (Original work published May 2015). https://oig.justice.gov/reports/2015/e1505.pdf
Orlando-Morningstar, D. (1997). Prison gangs. Special Needs Offenders Bulletin, 2, 1-12. https://www.fjc.gov/content/special-needs-offenders-bulletin-prison-gangs-0
Ortlip-Sommers, S. (2020). Living freely behind bars: Reframing the due process rights of transgender prisoners. Columbia Journal of Gender & Law, 40(3), 355-407. https://doi.org/10.52214/cjgl.v40i3.8599
Oshinsky, D. M. (1997). “Worse than slavery”: Parchman Farm and the ordeal of Jim Crow justice. Free Press.
Owen, B. (1998). In the mix: Struggle and survival in a women’s prison. SUNY Press.
Packer, H. L. (1968). The limits of the criminal sanction. Stanford University Press.
Palmer, T. (1975). Martinson revisited. Journal of Research in Crime and Delinquency, 12(2), 133-152. https://doi.org/10.1177/00224278750120020
Pew Charitable Trusts. (2008, February 28). More than one in 100 adults are behind bars, Pew study finds [Press release]. https://www.pewtrusts.org/en/about/news-room/press-releases-and-statements/2008/02/28/more-than-one-in-100-adults-are-behind-bars-pew-study-finds
Pierce, G. L., & Radelet, M. L. (2005). Impact of legally inappropriate factors on death sentencing for California homicides, 1990-1999. Santa Clara Law Review, 46(1), 1-47. https://digitalcommons.law.scu.edu/lawreview/vol46/iss1/1
Pierce, G. L., & Radelet, M. L. (2011, Winter). Death sentencing in East Baton Rouge Parish, 1990-2008. Louisiana Law Review, 71(2), 647-673. https://digitalcommons.law.lsu.edu/lalrev/vol71/iss2/6/
Pillsbury, S. H. (1989, Fall). Understanding penal reform: The dynamic of change. Journal of Criminal Law and Criminology, 80(3), 726-780. https://scholarlycommons.law.northwestern.edu/jclc/vol80/iss3/3/
Pisciotta, A. W. (1994). Benevolent repression: Social control and the American reformatory-prison movement. NYU Press.
President’s Commission on Law Enforcement and Administration of Justice. (1967). The challenge of crime in a free society. U.S. Government Printing Office. https://www.ojp.gov/sites/g/files/xyckuh241/files/archives/ncjrs/42.pdf
Putney, S., & Putney, G. J. (1962, Winter). Origins of the reformatory. Journal of Criminal Law and Criminology, 53(4), 437-445. https://scholarlycommons.law.northwestern.edu/jclc/vol53/iss4/3/
Pyrooz, D., Decker, S., & Fleisher, M. (2011). From the street to the prison, from the prison to the street: Understanding and responding to prison gangs. Journal of Aggression, Conflict and Peace Research, 3(1), 12-24. https://doi.org/10.5042/jacpr.2011.0018
Reagan, R. W. (1982, October 2). Radio address to the nation on federal drug policy. Ronald Reagan Presidential Library & Museum. https://www.reaganlibrary.gov/archives/speech/radio-address-nation-federal-drug-policy
Rothman, D. J. (1990). New light on the origins of the asylum. Little Brown & Co.
Rotman, E. (1995). The failure of reform: United States, 1865-1965. In N. Morris & D. J. Rothman (Eds.), The Oxford history of the prison: The practice of punishment in Western society (pp. 169-197). Oxford University Press.
Sawyer, W. (2017, June 22). New government report points to continuing mental health crisis in prisons and jails. Prison Policy Initiative. https://www.prisonpolicy.org/blog/2017/06/22/mental_health/
Snell, T. L. (2023, November). Capital punishment, 2021—Statistical tables. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/document/cp21st.pdf
Stein, A. (2012). Back on the chain gang: The new/old prison labor paradigm. Journal of Psychohistory, 39(4), 254-260.
Stephan, J. J., & Karberg, J. C. (2003, August). Census of state and federal correctional facilities, 2000. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/csfcf00.pdf
Thibaut, J. (1982). “To pave the way to penitence”: Prisoners and discipline at the Eastern State Penitentiary 1829-1835. The Pennsylvania Magazine of History and Biography, 106(2), 187-222. https://www.jstor.org/stable/20091663
Torrey, E. F., Kennard, A. D., Eslinger, D., Lamb, R., & Pavle, J. (2010, May). More mentally ill persons are in jails and prisons than hospitals: A survey of the states. Treatment Advocacy Center, & National Sheriff’s Association. https://static.prisonpolicy.org/scans/treatment/final_jails_v_hospitals_study.pdf
U.S. Department of Justice. (2007, February 21). Fact sheet: Security at the Department of Justice, Bureau of Prisons Administrative Maximum Security facility. https://www.justice.gov/archive/opa/pr/2007/February/07_opa_104.html
Wagner, P. (2020, April 1). Incarceration is not a solution to mental illness. Prison Policy Initiative. https://www.prisonpolicy.org/blog/2000/04/01/massdissent/
Western, B., & Pettit, B. (2010, Summer). Incarceration & social inequality. Daedalus, 139(3), 8-19. https://doi.org/10.1162/DAED_a_00019
Widra, E. (2023, August 2). The aging prison population: Causes, costs, and consequences. Prison Policy Initiative. https://www.prisonpolicy.org/blog/2023/08/02/aging/
Wines, E. C. (1873). Report on the International Penitentiary Congress of London, held July 3-13, 1872, to which is appended the second annual report of the National Prison Association of the United States, containing the transactions of the National Prison Reform Congress, held at Baltimore, Maryland, January 21-24, 1873. Government Printing Office. https://play.google.com/books/reader?id=amgUAQAAMAAJ&pg=GBS.PP4&hl=en
Wines, E. C., & Dwight, T. W. (1867). Report on the prisons and reformatories of the United States and Canada, made to the Legislature of New York, January, 1867. Van Benthuysen & Sons. https://catalog.hathitrust.org/Record/001745388/Home
Zeng, Z. (2022, December). Jail inmates in 2021-Statistical tables. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/ji21st.pdf
Zeng, Z. (2023, December). Jail inmates in 2022-Statistical tables. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. https://bjs.ojp.gov/document/ji22st.pdf
Zeng, Z., & Minton, T. D. (2021, October). Census of jails, 2005-2019–Statistical tables. U.S. Department of Justice, Office of Justice PRograms, Bureau of Justice Statistics. https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/cj0519st.pdf
Young, J. (2011). The criminological imagination. Polity Press.
Adaptation Notes
Review checks were added throughout the chapter.
