Incarceration Without Conviction

Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people’s lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.

The conditions and characteristics of correctional facilities - overcrowded with rapid population turnover, often in old and poorly ventilated structures, a spatially concentrated pattern of releases and admissions in low-income communities of color, and a health care system that is siloed from community public health - accelerates transmission of the novel coronavirus (SARS-CoV-2) responsible for COVID-19. Such conditions increase the risk of coming into contact with the virus for incarcerated people, correctional staff, and their families and communities. Relative to the general public, moreover, incarcerated individuals have a higher prevalence of chronic health conditions such as asthma, hypertension, and cardiovascular disease, making them susceptible to complications should they become infected. Indeed, cumulative COVID-19 case rates among incarcerated people and correctional staff have grown steadily higher than case rates in the general population. Decarcerating Correctional Facilities during COVID-19 offers guidance on efforts to decarcerate, or reduce the incarcerated population, as a response to COIVD-19 pandemic. This report examines best practices for implementing decarceration as a response to the pandemic and the conditions that support safe and successful reentry of those decarcerated.

2004 Washington State Book Award Finalist Judgment without Trial reveals that long before the 1941 attack on Pearl Harbor, the U.S. government began making plans for the eventual internment and later incarceration of the Japanese American population. Tetsuden Kashima uses newly obtained records to trace this process back to the 1920s, when a nascent imprisonment organization was developed to prepare for a possible war with Japan, and follows it in detail through the war years. Along with coverage of the well-known incarceration camps, the author discusses the less familiar and very different experiences of people of Japanese descent in the Justice and War Departments� internment camps that held internees from the continental U.S. and from Alaska, Hawaii, and Latin America. Utilizing extracts from diaries, contemporary sources, official communications, and interviews, Kashima brings an array of personalities to life on the pages of his book � those whose unbiased assessments of America�s Japanese ancestry population were discounted or ignored, those whose works and actions were based on misinformed fears and racial animosities, those who tried to remedy the inequities of the system, and, by no means least, the prisoners themselves. Kashima�s interest in this episode began with his own unanswered questions about his father�s wartime experiences. From this very personal motivation, he has produced a panoramic and detailed picture � without rhetoric and emotionalism and supported at every step by documented fact � of a government that failed to protect a group of people for whom it had forcibly assumed total responsibility.

After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

For nearly 40 years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions that has opened an unexpected escape route from this trap of 'tough on crime' politics. This set of rulings points toward values that could restore legitimate order to American prisons and lead to the end of mass incarceration.

Is prison a humane form of punishment and an effective means of rehabilitation? Are current prison policies, such as shifting resources away from rehabilitation toward housing more offenders, improving the safety and lives of incarcerated populations? Considering that many Canadians have served time, are currently incarcerated, or may one day be incarcerated–and will be released back into society–it is essential for the functioning and betterment of communities that we understand the realities that shape the prison experience for adult male offenders. Surviving Incarceration reveals the unnecessary and omnipresent violence in prisons, the heterogeneity of the prisoner population, and the realities that different prisoners navigate in order to survive. Ricciardelli draws on interviews with almost sixty former federal prisoners to show how their criminal convictions, masculinity, and sexuality determined their social status in prison and, in consequence, their potential for victimization. The book outlines the modern "inmate code" that governs prisoner behaviours, the formal controls put forth by the administration, the dynamics that shape sex-offender experiences of incarceration, and the personal growth experiences of many prisoners as they cope with incarceration.