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This article examines the ways Black women and girls in Detroit, Michigan, were criminalized and punished as they encountered criminal courts, indeterminate sentences, women’s reformatories, and police brutality from the 1870s to the early 1900s. Detroit was uniquely situated as a border city and a major destination in the Great Migration in the early twentieth century. Black women and girls fled vigilante violence, poverty, and segregation. Women sought new opportunities in the urban North. This article argues that criminal justice institutions laid the foundation for the criminalization of Black women and girls by the early twentieth century. Drawing on archival records, annual prison reports, and historical newspapers, the article traces the ways Black women were categorized and punished in criminal courts, women’s prisons, and encounters with police. The article brings together histories of the reformatory movement, urbanization, industrialization, and segregation to examine how the treatment of Black women and girls in Detroit put in place practices that expanded the carceral reach of the state and excluded people from freedom and opportunity along racialized and gendered boundaries.
There is a coming crisis in the American criminal legal system involving the development of two policies in the United States – the expansive use of life-without-parole sentences (LWOP) and the expanding legalization of medical assistance in dying (MAID). While MAID remains a controversial practice, most arguments on the subject consider its use for terminally ill patients in hospital settings. But what about people in prison? In this book, criminologists James W. Marquart and Joshua S. Long trace the development of LWOP sentencing practices and their consequences alongside the global use of MAID for incarcerated populations. Examining individual cases, legal arguments, sentencing data, and mortality data alongside the first national public opinion poll gauging support in the U.S. for MAID in prisons, the book starts a critical conversation on the correctional context of MAID in US prisons.
This chapter describes the results of the first national public opinion poll of US citizens asking them if they support MAID practices in carceral settings. While the majority (54%) supported MAID for terminally ill patients outside of a prison, 49% supported MAID for terminally ill prisoners.
This chapter explains how the “pains of imprisonment” influence the mental health of prisoners and may contribute to their decision to commit suicide. Mortality statistics are presented to inform readers of the causes of death in correctional facilities, and a survival analysis shows the timing of death for long-term prisoners.
Realizing they were making no headway with legal measures or the media campaign, Rudnik and Moiseenko decided to go on hunger strike just as their trial was about to begin in July 1932. They attended the first two days of the trial but refused to answer any questions, and then on the third day were too sick to attend. The court paused the trial, but flatly refused to release the prisoners. Behind the scenes, the mayor of Shanghai tried to shut down Harold Isaacs’ China Forum which was openly criticizing the Guomindang, and the Soviet military spy Richard Sorge brokered a $20,000 bribe to release Rudnik and Moiseenko. Although the bribe did not end in their release, Soong Ching-ling coordinated efforts that persauded the couple to end their hunger strike after two weeks.
The hunger strike, however, only paused the trial: it resumed as soon as Rudnik and Moiseenko were healthy again. As in the first phase of the trial, the couple was hostile to the court and refused to answer questions. They yelled, interrupted, and objected to the evidence brought against them, but in the end the court unanimously recommended conviction and sentenced them both to life in prison.
Finally convicted after more than a year of imprisonment, Rudnik and Moiseenko shocked the public by deciding not to appeal their sentences. At this point they began to think seriously about how they might arrange long-term care for their four-year old son, who remained in Shanghai with a German foster family. This, however, proved difficult, because the individuals they asked to raise him – including Jean Vincent and Agnes Smedley – were not interested in doing so. At the same time, Rudnik and Moiseenko were extremely unhappy in the new prison where they had been transferred.
Secure psychiatric services (SPS) are vital for people with severe mental disorders who pose significant risks, yet national evidence on referral pathways, acceptance and timeliness of admission is limited. Delays and variability in access are especially concerning in prisons, where mental health crises are frequent and alternatives limited.
Aims
This study presents the first national analysis of SPS referral and admission patterns in England following the introduction of provider collaboratives. It identifies predictors of referral acceptance and delays across the referral-to-admission pathway to inform equity and performance improvement.
Method
Data were drawn from 149 low-secure and 98 medium-secure services across 15 provider collaboratives, encompassing 1356 referrals. Multivariable models examined predictors of acceptance and delay, benchmarked against national policy standards.
Results
Almost half of referrals originated from prisons (46%, n = 529), with 55% accepted. Acceptance was associated with gender, legal status, Mental Health Act status, prior secure admission, diagnosis, referral origin and reason for referral, but not with ethnicity or urgency. Substantial site-level variation reflected local practice and resources. Delays were widespread: fewer than a third of urgent referrals were assessed within 2 days, and only 19–25% of accepted prison referrals met recommended assessment and admission targets. Although prison referrals were processed more quickly than community or SPS referrals, national standards were seldom achieved.
Conclusions
Access to SPS remains inconsistent, with substantial variation in acceptance and widespread delays across referral pathways. Despite faster processing of prison referrals, national assessment and admission standards were rarely met, particularly for this group. These findings highlight gaps between policy expectations and practice, indicating a need for improved adherence to national timeframes, greater standardisation of decision-making and enhanced system oversight, to reduce inequities in access.
This chapter explores Ngugi wa Thiong’ o’s literary responses to detention and exile, focusing on the Devil on the Cross (1982) and Wrestling with the Devil (2018). Ngugi articulates his experiences of dislocation and ideological resistance, denouncing oppression and oppressors in explicit ways. The chapter argues that Ngugi’s adoption of allegorical aesthetics and memoir forms is a direct response to the dislocating effects of detention and exile. Physical confinement and psychological anguish often lead writers to adopt pre-set aesthetics and rigid literary forms. Despite the formulaic nature of allegory and the memoir, Ngugi subverts them to articulate a specific ideological vision for a transformed Kenyan society. The memoir and the allegorical novel testify to intellectual resistance against his detractors, and his determination to create despite adversity. Devil on the Cross, conceived and written in prison, exemplifies the allegorical turn, inhabiting and defying his unjust incarceration. Ngugi’s experiences in detention and exile predict the writing he would produce during this period, blurring the lines between physical and psychological confinement. By exploring the intersection of politics, literature and personal experience, this chapter sheds light on Ngugi’s unique literary trajectory and the ways in which adversity can shape artistic expression.
Edited by
Katherine Warburton, California Department of State Hospitals, University of California, Davis, USA,Stephen M. Stahl, University of California, Riverside, USA
A description is provided of the current situation in Aotearoa New Zealand with regard to compulsory treatment of people with schizophrenia. This is placed within the context of homelessness in New Zealand and the provision of services to the incarcerated mentally ill. There are high rates of homelessness and incarceration and services are struggling to meet their needs. This is particularly a problem for the indigenous population. The current Mental Health Act allows for compulsory treatment of people who as a result of schizophrenia are seriously impaired in their capacity to care for themselves, and this will include people where there is a nexus between homelessness and their illness. The Mental Health Act is being reformed, with a new act likely to emphasize autonomy and capacity to a greater degree. Finally, the author considers the learnings from 5 years working within the Fixated Threat Assessment Centre, which provides a unique perspective on these issues.
This paper is an act of remembrance, a testimony to the horrors inflicted on our lives and bodies as women prisoners of Tihar Jail No. 6, Delhi. It documents the struggles for life and survival of fellow women prisoners, and bears witness to the deaths of Fiza and Jesca. Through these experiences, I argue that the measures introduced in the lockdown prison during the first wave of the COVID-19 pandemic did not merely respond to a public health emergency, but inaugurated a field of penal experimentation that emboldened existing practices of custodial violence and sought to establish a new regime of impunity aligned with Hindutva politics. I demonstrate how isolation cells came to function as de-facto solitary confinement, how the jail manual was effectively suspended, how the right to life was stratified into hierarchies of “deservingness” by High Powered Committees, and how daily prison life was restructured through intensified surveillance.
Scholars of Chinese history are well acquainted with the use of convict labor in constructing infrastructure, serving in armies, erecting monuments, and aiding in the establishment of settlements in newly acquired territories. This chapter explores the role of convict labor in local government. I argue that convict laborers were integrated as essential aides to officials. While they were exploited as both objects and instruments to sustain the political economy, convicts simultaneously occupied crucial roles in operating the governmental apparatus and administering the populace. The local administrative space functioned as an open prison. Despite the brutality inherent in the exploitation of convict labor, the unearthed administrative documents masked the grim reality, projecting a veneer of civilized order onto this group. Legal statutes and administrative records granted bureaucrats and scribe–functionaries the authority to control convicts; paradoxically, these same documents also subjected the bureaucrats and scribe–functionaries to scrutiny. Failure to meet expected job performance standards could result in criminalization, turning these officials into convicts themselves.
In this innovative history, Liang Cai examines newly excavated manuscripts alongside traditional sources to explore convict politics in the early Chinese empires, proposing a new framework for understanding Confucian discussions of law and legal practice. While a substantial number of convict laborers helped operate the local bureaucratic apparatus in early China, the central court re-employed numerous previously convicted men as high officials. She argues that convict politics emerged, because, while the system often criminalized individuals, including the innocent, it was simultaneously juxtaposed with redemption policies and frequent amnesties in pursuit of a crime-free utopia. This dual system paralyzed the justice system, provoking intense Confucian criticism and resulting in a deep-seated skepticism toward law in the Chinese tradition, with a long-lasting political legacy.
The concept of mercy is often proposed as an antidote to the punitive excesses of our current criminal justice system. But this concept is typically presented in generalized, abstract terms that seem unworkable as a pragmatic decision strategy. Its religious origins and associations only add to this impression. In fact, however, if the biblical accounts of mercy are interpreted using the narrative strategy that is featured in current scholarship, an eminently practical decision protocol emerges from these accounts. This protocol diverges from the common or popular view of mercy. It omits the demand for contrition or gratitude on the part of the wrongdoer, viewing this as an effort to exercise domination rather than extending mercy, and minimizes compassion on the part of the decision maker due to its tendency to merge into favoritism. Instead, the protocol recommends that the decision maker deal with the wrongdoer on a direct personal level, suppress any emotional responses such as anger or indignation, and consider the collateral consequences of the proposed punishment. The author describes the way the protocol can be derived from leading biblical narratives about mercy, including the expulsion from the garden, the mark of Cain, Christ and the adulteress, and the prodigal son. He expands on this derivation by analyzing the book of Jonah, rejecting the common view that this work is a satire and treating it instead as a profound inquiry into the nature of mercy. He concludes by applying the protocol he has derived to policy level decisions in the criminal justice system, specifically judicial sentencing, administrative parole and the use of restorative justice.
This chapter considers the work of major First Nations figures in Australian poetry – Oodgeroo, Kevin Gilbert, Mudrooroo and Lionel Fogarty – as well as poetry produced by current or former First Nations inmates of Australia’s prison system or about First Nations deaths in custody. The language of these poets is both politically activist and community enhancing. It argues that the effects of such poetry can be redemptive, empowering or visionary. It considers such poetry as testimony, discussing the ways in which First Nations writers have created a poetic language that might not have been available, which, in turn, creates a community of readers and listeners. For many First Nations prison inmates, poetry becomes a mean to ground Indigenous identity and reflect on their lives and relationships. From the 1990s, poets such as Samuel Wagan Watson, Romaine Moreton, Ali Cobby Eckermann and Yvette Holt have broken new ground with work highlighting Aboriginal selfhood in an evolving Australian society. The chapter concludes with a consideration of a younger and emergent generation of First Nations poets.
The effects of pandemic-related restrictions on people in prisons who tend to have multiple complex health needs are not well understood.
Aims
We aimed to measure changes in adjudications and self-harm among people in prisons before and during the pandemic.
Method
We examined effects of time and demographic characteristics on odds and counts of adjudications and self-harm over a three-year period, starting one year before the COVID-19 pandemic, in 861 individuals from 21 Offender Personality Disorder Pathway prison sites.
Results
The odds of adjudicating were lower in people of older age (odds ratio 0.98 (95% CI: 0.96–0.99)), and during COVID-19 year one (odds ratio 0.37 (95% CI: 0.23–0.60)) and year two (odds ratio 0.40 (95% CI: 0.25–0.65)) compared to pre-COVID-19. Being of White ethnicity was associated with increased odds (odds ratio 4.42 (95% CI: 2.06–9.47)) and being older was associated with reduced odds (odds ratio 0.97 (95% CI: 0.95–0.99)) of self-harm. The odds of self-harm were significantly reduced during COVID-19 year two (odds ratio 0.45 (95% CI: 0.26–0.78)), but not during COVID-19 year one (odds ratio 0.68 (95% CI: 0.40–1.14)), compared with the 12 months before COVID-19.
Conclusions
Although adjudications and self-harm were generally lower during the pandemic, younger people showed increased odds of adjudications and self-harm compared with older people, while White people showed increased odds of self-harm compared with people of the global majority. Our findings highlight the importance of considering potential health inequities and environmental effects of lockdowns for people in prisons.
This chapter moves back to institutions to deal with the general decline in litigation over failed credit that began around 1690, and argues it came about largely because of changes in credit networks. It demonstrates how attorneys’ business moved away from litigation to conveyancing, and how they profited by becoming local credit. It also looks at the increasing use of local summary justice in the Courts of Requests in London, Bristol, and Newcastle to enforce the small debts of poor consumers, as well as the growing use of arrest and imprisonment in the common law courts. While the use of paper currency provided greater liquidity in credit markets, and reduced the overall level of litigation massively, those debtors who went broke began to be treated in a much harsher fashion.
The apostle Paul has gone down in history as a ‘prisoner of Christ’ (Phlm 1). However, the ramifications of this statement remain curiously under-explored. This article follows the logical implication of this phrase that if Paul is a prisoner, Christ is a jailer. Here as elsewhere, Paul demonstrates an understanding of God in terms associated with his own experiences of imprisonment. This article examines firstly the relationships between prisoners and jailers in ancient times, and the implications of Paul’s apparent placement of Christ in the role of incarcerator. Secondly, it discusses the imperial-carceral rhetoric in Paul’s letters, especially the Corinthian correspondence, and the ways in which Paul makes use of images of carceral subjugation to describe his own status in relation to God. Thirdly, it explores the idea, popular in early Christianity, of God and/or Christ as the ‘good jailer’, and the subversion of carceral language to denote protection, safety and refuge. Finally, it reflects on the theological implications of a carceral God, whether punitive or benevolent, and the liberatory potential – or lack thereof – of Paul’s words in a carcerally marked modern world.
Prison has long been recognized as a racialized institution in America, where race determines myriad aspects of life—from where individuals sleep to those with whom they live, eat, and socialize during incarceration. However, there is little evidence on how to effectively remediate prisons’ deep racial divisions—a question that is imperative given that interracial animus in prisons can be both a result and a determinant of racial conflict and violence. In this study, we argue that higher education in prison has significant potential to improve racial attitudes and foster racial integration by providing a “contrasting context” for interracial interaction in the classroom within an otherwise racially segregated institution. Using administrative data on college-level course completion, an original longitudinal survey of prison college students, and in-depth qualitative interviews with prison college alumni, we show evidence of shifts in racial attitudes and self-reported behavior as students move through their college career. Our results demonstrate the potential for prison higher education to shift race-based norms and offer a framework through which to analyze prison education that prioritizes outcomes of interest beyond recidivism.