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Moving beyond the structural antagonism of criminal law, this chapter explores the subject positions of actors in scenarios of sexual harm. If the sex offender emerges as a felon bearing the head of a wolf, the victimized white child emerges as the exemplary figure of vulnerability. While tropes of vulnerability are mobilized to justify paternalistic state coercion, they are also a powerful reminder of humans’ interdependence and mutuality. Thinking with vulnerability as an analytical category focuses attention on the lingering traumatic effects of sexual assault, as well as the severe punitiveness toward sex offenders. Addressing sexual violence does not require draconian penalties; conversely, addressing carceral expansion does not necessitate minimizing sexual violence. Centering vulnerability may allow us to rethink the foundations of our social contract in ways that acknowledge both our precariousness and the sovereign violence that holds us in its thrall.
The notion that people with psychopathy traits do not respond positively to treatment efforts may sound intuitive. If people are inflexible, uncaring towards others, manipulative, and just generally difficult to get along with, it follows that treatment might be ineffective. However, what is intuitive and what is accurate do not always overlap perfectly. The analyses in this chapter contribute to a growing body of literature indicating that individuals with psychopathy traits can change and respond in expected ways to intervention strategies (Bernstein et al., 2021; Wong et al., 2015). The analyses in this chapter identified that people with psychopathy traits who spent more time incarcerated, thereby increasing access to rehabilitative services, experienced a subsequent decline in offending. It is possible that these findings reflect the efficacy of the risk-need-responsivity model, wherein intensive intervention strategies reduce criminal behaviour for high-risk persons. Treatment modalities for people with psychopathy traits are discussed.
The focus of this chapter is on the relationship between psychopathy traits in adolescence and persistent involvement in offending through adulthood. Too often, research on psychopathy has restricted itself to very simplistic measures of offending outcomes. For example, recidivism reflects whether or not someone reoffends. However, some people reoffend dozens of times, and others only once. I used generalized estimating equations to measure repeated offending at each year of age beginning at age eighteen and continuing for over twenty years. Regardless of whether psychopathy was represented by PCL:YV total scores, four-factor model scores, or three-factor model scores, higher scores significantly increased the likelihood of persistent offending. However, this relationship was far from perfect; some people who scored high on the PCL:YV did not continue to offend at a high rate in adulthood. I use case study data to qualitatively explore why this may have been the case.
When returning to their communities after incarceration, individuals face elevated rates of mortality and other poor health outcomes. The reentry period provides a critical opportunity for interventions to improve health, but, historically, a prohibition on federal Medicaid coverage during incarceration has created barriers to care after release. To address these barriers, many states have applied for Medicaid section 1115 reentry waivers to expand access to Medicaid coverage for certain pre- and post-release services. These waivers present an important opportunity to improve care access during reentry, but, if driven by carceral entities, they run the risk of replicating carceral systems that harm health. This article advocates for an alternative approach: centering the perspectives of people with lived experience of incarceration in all aspects of waiver design, implementation, and evaluation. Drawing on personal and professional experience, the authors explore the value of centering lived experience in health policy and identify successes, challenges, and lessons learned from California’s waiver. This article also explores the importance of centering lived experience in information sharing and privacy practices in waiver implementation. Across these areas, waivers driven by lived experience can promote dignity, autonomy, and wellbeing, dismantling carceral approaches that reinforce stigma, erode trust, and perpetuate inequities.
Chapter 5 explores the importance of the communication of news and information through correspondence, but also the problems of its interception and betrayal. Couriers faced the risk of violence and incarceration, particularly at times of diplomatic tension, and strategies of concealment could be quite sophisticated to counter this, such as the use of ciphers, pseudonyms and other methods. Nevertheless, the dangers to which Tivinat and other couriers were exposed was considerable, their detention was a frequent occurrence, as was that of Huguenots carrying books and papers, as shown in cases drawn from the Conciergerie in Paris. Consideration is given to the importance of correspondence as a source for both contemporaries and historians. The news content of the letters carried by Tivinat is discussed in detail, revealing concerns with events both international and domestic. Connections between the letters and those found in other circumstances, such as on the body of the prince of Condé and in the English State Papers, are made, identifying Regnard/Changy as their author and the complexity of the network in which he operated.
This chapter introduces the interrogation document and associated letters around which the book is based and summarises the structure of the book and the content of its chapters. Emphasises the European-wide context of the Huguenot network that is revealed as well as the circumstances of the French religious wars c. 1567–1571. Engages with the relevant historiographical themes, including studies of correspondence and communication, diplomacy, intelligence-gathering and espionage, and confessional and transnational connections. Addresses the sub-themes of truth and secrecy and how these provide the backdrop for the clandestine confessional activities to be explored, particularly through the participation of Huguenot ministers. Investigates what we are able to reconstruct about the man, Jean Tivinat, who was arrested for and interrogated about his role in carrying the correspondence and the circumstances of his incarceration at the château of Dieppe.
Judging by rates of criminal recidivism, the very trauma that leads to American incarceration only amplifies inside facilities whose purported mission is to rehabilitate. Using psychiatric, literary, and sociological studies alongside three twentieth-century prison memoirs written by American men of color – Jarvis Jay Masters’s That Bird Has My Wings (2009), Shaka Senghor’s Writing My Wrongs: Life, Death, and Redemption in an American Prison (2013), and Ravi Shankar’s Correctional (2022) – this essay examines the use of bibliotherapy as a means of processing traumatic memory, reconnecting with community, redressing harm, and reclaiming control over one’s story to help stimulate and accelerate the process of healing and recovery. Life writing, and memoir specifically, allows for the transfiguration of generational, localized, and institutional trauma while bearing witness to the inner workings of carceral spaces, which are disproportionately populated by men of color and intentionally kept concealed from public view.
The COVID-19 pandemic has posed a significant health threat to people in corrections facilities due to communal living, inability to social distance, and high rates of comorbidity among incarcerated populations. Combined with the First Step Act of 2018, which granted incarcerated individuals seeking compassionate release access to the courts, the pandemic increased the number of people in federal prisons petitioning for early release due to health risk. Analysis of federal compassionate release case law throughout the pandemic reveals inconsistent judicial reasoning related to COVID-19-based requests. Inconsistently interpreted compassionate release factors include vaccination status, COVID-19 reinfection, and the “degree” of extraordinary circumstances considered. Varied application among federal districts produced inequitable access to compassionate release. Therefore, this analysis provides insight into how an unclear policy can create disparate public health outcomes and considerations for compassionate release determinations in future times of uncertainty, such as a pandemic.
The conclusion reflects on compatibilities and tensions within stratification economics, disability justice, and intersectionality. It points to additional areas of inquiry beyond the scope of this study, including state violence, sex and sexuality, climate change, built environment, voting, and reparations. In so doing it offers an outline of future work that might advance an agenda of disability justice within the work of stratification economics in the years ahead.
This chapter of Complex Ethics Consultations: Cases that Haunt Us begins when the ethics consultant is asked if the mother (and suspect) in a case of shaken baby syndrome should be allowed to visit her child in the hospital. After two weeks, the baby remained ventilator dependent and the baby was likely to end up in a persistent vegetative state. Questions about whether the baby was suffering plagued everyone. Assuming parental roles and affections, nursing staff wanted to protect the baby and shift to comfort care. If this were authorized by the baby’s mother, she would face homicide charges. The baby’s mother visited as a prisoner, in chains. A prison guard compassionately unlocked the chains so she could touch her baby. The consultant is haunted by the sheer misery experienced by everyone, the persistent outrage from staff that her mom might serve as surrogate decision-maker, and the enduring sound of chains.
The discipline of public health has begun to recognize the structural inequities of the carceral system as drivers of poor individual and population health. The number of people incarcerated and the length of their incarceration determine the scope and gravity of their exposure to these individual and public health effects. Plea bargains all but guarantee a period of incarceration, often for many years, because prosecutors have significant bargaining power against defendants who often do not fully understand their rights or the likelihood of receiving the sentences that prosecutors would be seeking in trial. I propose and analyze several pathways through which to eliminate or severely restrict the practice of plea bargaining to minimize the health effects associated with incarceration. I conclude that state legislation would be most feasible and effective at eliminating plea bargains but, without concurrent interventions addressing mandatory minima and/or bail, would not fundamentally address the primary concerns of sentence length and overcrowding.
Massachusetts Bill H.2333, An act to establish the Massachusetts incarcerated individual bone marrow and organ donation program, was introduced in February 2023 and sparked immediate controversy. In their analysis of the proposed legislation, Albertsen et al. raise the ethical issue of unequal opportunity for sentence reduction and examine Bill H.2333 relative to mainstream theories of punishment. This commentary broadens the lens to the landscape of parole and medical parole, underscoring the complex demands placed on incarcerated individuals seeking sentence reduction in Massachusetts.
A vast body of work investigates the consequences of legislative term limits for public policy. However, considerably less research has delved into their effects in noneconomic policy domains. In this article, we develop the argument that implemented term limits increase the effect that a state government’s ideology has on the state’s incarceration rate. When analyzing incarceration rates among all states between 1979 and 2017, we find evidence to support our theoretical expectation. Specifically, for states with term limits, we find that an increase in state government conservatism is associated with a higher incarceration rate. Conversely, for non-term-limited states, we find that the policy preferences of the state government have little influence on the incarceration rate. These findings deepen our insight into how institutional design can affect public policy.
This chapter continues the discussion of the relation between liberty and democracy. It then shifts to a discussion of "sites of unfreedom" as in the case of prisoners, immigrants and refugees, and trafficked persons in order to illustrate the value of the concept of liberty defended in the book.
This chapter is about how police officers in China enforce anti-prostitution laws. These regulations outlaw the exchange of sex for money or other material goods in all of its forms, and for all individuals who engage in it. Yet in practice, police enforcement primarily targets low-tier sex workers. Of the array of possible sanctions, these women are more likely incarcerated than fined, and they are placed in institutions with a rehabilitative mission that, in practice, is not met. In addition, law enforcement officials often engage in illegal and abusive practices when arresting sex workers. Clients are not completely immune from punishment, but they are less likely to be arrested than are the women they solicit. The major exception to that pattern involves high-profile men whose actions have crossed the Chinese Communist Party (CCP). Their cases are taken out of the hands of street-level police officers and into the world of elite politics, with prostitution charges used to help secure their downfall.
This chapter shows how human sciences researchers in Puerto Rico faced pressure to abandon earlier traditions and embrace the methods and biomedical enterprise of the United States empire’s scientific modernity. Drawing on the history of mental testing and inmate assessment as well as designs for a new penitentiary, the chapter contends that while mid twentieth-century US-American social science engaged in intense processes of othering that aligned with imperial expansion, Puerto Rican social scientists combined US-American psychometrics with older Spanish ethnographic traditions that powerfully resurfaced in the 1940s. These diagnostic and descriptive tools revealed that incarcerated people required discipline, tutelage, and treatment, but that they also had redemptive potential regardless of social difference. Social scientists put mental test results into dialogue with ethnographic narratives of convicts to forge what to them were forward-looking treatment programs, illustrating how racialized racelessness and intersubjective exchanges transformed Puerto Rican corrections for a time. The result was a blended, “creole” nationalist science with decolonial aspirations, although one that was colonial-populist in practice.
Objective: This study aimed to assess and comparatively analyse two menus from a Young Offenders Institution (YOI). One menu from 2019, and one from 2022, with the objective of identifying any improvements in meeting dietary guidelines. Design: Cross-sectional and comparative analysis. Setting: United Kingdom, a YOI in Northern England. Participants: YOI Menus. Results: Analysis of 30 dietary components identified that 25 exceeded the dietary guidelines (P < 0.05) for the 2022 menu, with five failing to meet the guidelines (P < 0.05). When compared to the 2019 menu, the 2022 menu showed improvements in saturated fat, sodium, and vitamin D. Despite the improvement, vitamin D levels remained below dietary guidelines (P < 0.01). Salt and energy content were reduced in the 2022 menu (P < 0.05); however, they were still above the dietary guidelines (P < 0.01). Free sugars were significantly above dietary guidelines for both menus, with no significant change between the 2019 and 2022 menu (P = 0.12). Conclusion: The 2022 menu has demonstrated progress in alignment with meeting dietary guidelines, particularly in reducing calories, fat, saturated fat, salt, sodium, and chloride, as well as increasing vitamin D. Despite improvements, calories, free sugars, salt, saturated fat, sodium, and chloride are still exceeding dietary guidelines, posing as potential health risks.
The arrival of COVID-19 added potentially deadly consequences to incarceration. In response, jurisprudence developed allowing for some to be spared the deprivation of their liberty. However, there is insufficient empirical evidence that this avoidance of incarceration occurred in practice in Ontario. Using fieldwork methods conducted in Ontario criminal courts coupled with data from Statistics Canada, we investigate if a change in the use of incarceration during the COVID-19 pandemic occurred, and if friction emerged between those who may and may not espouse this new outlook. We find a notable and persistent decrease in the use of incarceration, that this was welcomed by many court actors but also that a fatigue with such leniency grew among others. We discuss what this fatigue might signify for the potential longevity of this more exceptional use of incarceration and more largely what this can signify about changes in Canada’s criminal justice system.
Incarceration is a significant social determinant of health, contributing to high morbidity, mortality, and racialized health inequities. However, incarceration status is largely invisible to health services research due to inadequate clinical electronic health record (EHR) capture. This study aims to develop, train, and validate natural language processing (NLP) techniques to more effectively identify incarceration status in the EHR.
Methods:
The study population consisted of adult patients (≥ 18 y.o.) who presented to the emergency department between June 2013 and August 2021. The EHR database was filtered for notes for specific incarceration-related terms, and then a random selection of 1,000 notes was annotated for incarceration and further stratified into specific statuses of prior history, recent, and current incarceration. For NLP model development, 80% of the notes were used to train the Longformer-based and RoBERTa algorithms. The remaining 20% of the notes underwent analysis with GPT-4.
Results:
There were 849 unique patients across 989 visits in the 1000 annotated notes. Manual annotation revealed that 559 of 1000 notes (55.9%) contained evidence of incarceration history. ICD-10 code (sensitivity: 4.8%, specificity: 99.1%, F1-score: 0.09) demonstrated inferior performance to RoBERTa NLP (sensitivity: 78.6%, specificity: 73.3%, F1-score: 0.79), Longformer NLP (sensitivity: 94.6%, specificity: 87.5%, F1-score: 0.93), and GPT-4 (sensitivity: 100%, specificity: 61.1%, F1-score: 0.86).
Conclusions:
Our advanced NLP models demonstrate a high degree of accuracy in identifying incarceration status from clinical notes. Further research is needed to explore their scaled implementation in population health initiatives and assess their potential to mitigate health disparities through tailored system interventions.