In contemporary society, “closure” refers to “end to a traumatic event or an emotional process” (Berns, 2011, pp. 18–19)—and, in the more specific context of capital punishment, controversy over what, if anything, is needed for murder victims’ families to attain healing and finality or move forward with their lives, including the execution of their loved one’s killer. The term is highly politicized, and is used by both death penalty advocates and its opponents to build arguments in favor of their respective positions. Closure has been indelibly linked to both capital punishment and media institutions since the late 1990s and early 2000s. The media’s penchant for covering emotional events and its role in informing the American public and recording newsworthy events make it perfectly suited to construct, publicize, and reinforce capital punishment’s alleged therapeutic consequences. Legal and political officials also reinforce the supposed link between closure and capital punishment, asking jurors to sentence offenders to death or upholding death sentences to provide victims’ families with a chance to heal. Such assertions are also closely related to beliefs that a particular offender is defiant or lacks remorse. Surprisingly, however, the association between closure and capital punishment has only recently been subjected to empirical scrutiny. Researchers have found that victims’ families deem closure a myth and often find executions themselves unsatisfying, provided that a perpetrator does not enjoy high media visibility so that the execution has a silencing effect, as did Oklahoma City bomber Timothy McVeigh’s execution by lethal injection in 2001. Recent empirical examinations of the link between capital punishment and closure prompt a redefinition of closure through which victims’ family members learn to cope with, work through, and tell the story of a murder and its impact. This redefinition is less sensational and thus perhaps less newsworthy, which may have the salubrious effect of discouraging extensive media emphasis on executions’ closure potential. Another way to decouple closure from capital punishment is for media organizations to change their practices of covering perpetrators, such as by not continually showing images of the perpetrator and by incorporating a more extensive focus on the victims and their families. While government officials have called for the media to exercise restraint in the wake of such events as the Oklahoma City bombing and 9/11, victims’ groups are now beginning to advocate for this same goal, with much success.
Alec C. Ewald
Collateral sanctions are legal restrictions on the rights and privileges of people who have experienced contact with the criminal justice system, particularly contact resulting in conviction. Usually placed in civil and regulatory codes, collateral sanctions may limit a person’s ability to vote, live in public housing, own a firearm, qualify for an occupational license, serve in the military, receive public benefits, sit on a jury, or borrow money for college, among other activities. Yet, because they are usually defined as “indirect” consequences of a conviction, they may never surface in the criminal justice process, and they frequently extend far beyond the sentence.
Such restrictions can deeply compromise the civic status and life chances of Americans with conviction records. But they are far from uniform: some serious restrictions are triggered by criminal justice involvement well short of a conviction, while others mark only some classes of offenders or operate only in some states. Layered into the federal system, multiplying the complications of criminal law and regulatory law, and imposed by civil servants with wide leeway in their interpretation of rules, American collateral sanctions are varied and complex. Their reach and severity in the United States appear to be unique in the democratic world and mark an important respect in which the American carceral state extends beyond mass incarceration.
Gina Fedock and Stephanie S. Covington
As the number of women under correctional supervision continues to increase in the United States, attention to gender within correctional programming is crucial as women offenders present with different concerns than their male counterparts. Gender differences exist in a range of criminal justice factors, including pathways to involvement in the criminal justice system, frequencies in types of offenses, treatment needs, and facilitating factors for treatment engagement and positive outcomes. Thus, this chapter highlights the importance of gender in terms of correctional program design and delivery. Gender-responsive programming for women involved in the criminal justice system is guided mainly by the feminist pathways theory of women’s criminality, as well as additional theories. This framework considers the interconnected roles of trauma and victimization histories, substance abuse, economic and social marginalization, and the gendered effects of criminal justice policies and practices. For gender-responsive programming, elements that should be considered in women’s treatment and services in correctional settings include: program environment or culture or both, staff competence, theoretical foundations, treatment modalities, reentry issues, and collaboration. In addition, principles of trauma-informed care are crucial elements needed in systems and services for women involved in the criminal justice system. These two frameworks of gender-responsive programming and trauma-informed care offer specific principles that can be applied across correctional settings for women to shape policies, programming design, program delivery, and daily practices. Likewise, these frameworks encourage community-based responses to women’s involvement in criminal behaviors. Gender is a crucial element for correctional programming in multiple ways.
Disciplinary segregation is a punishment that prison officials impose in response to inmate violations of prison rules such as assaulting another inmate or disrespecting an officer. Disciplinary segregation is distinct from other types of restrictive housing (e.g., supermax confinement, administrative segregation), but it is the most commonly used form of restrictive housing in most states. Inmates housed in disciplinary segregation typically spend 23 hours a day in a cell, with limited interaction with other inmates or prison staff. Inmates’ access to other privileges such as recreation, programming, and visitation is also restricted during their time in disciplinary segregation.
Prison officials have the discretion to place inmates found guilty of violations of the inmate rules of conduct in disciplinary segregation, and indeed, segregation is a common response to rule violations. It is expected that confinement in disciplinary segregation will deter inmates’ subsequent rule breaking, but some scholars argue that confinement in disciplinary segregation amplifies inmates’ misbehavior via labeling or by stimulating mental health problems that ultimately result in problem behaviors (e.g., rule violations). Despite these assertions, there is little evidence regarding the impact of disciplinary segregation on inmates’ behavior or mental health. Precise estimates of the extent of the inmate population exposed to disciplinary segregation (and their level of exposure), and studies of the factors that influence prison officials’ decision to place inmates in disciplinary segregation are also limited. The frequency with which disciplinary segregation is used, its greater cost compared to general population confinement, and calls for the equitable and effective use of restrictive housing in prisons by civil rights advocates, the U.S. Congress, and former President Obama underscore the need for further research on the topic.
Julie Brancale, Thomas G. Blomberg, and William D. Bales
The movements of accused and convicted offenders in many countries around the world are increasingly being monitored with electronic supervision tools. Individuals can be placed on electronic monitoring (EM) by the justice system for numerous reasons and can be of varying risk levels. Currently, individuals are placed on EM as conditions of pretrial release, probation, and parole. EM is a versatile tool designed to aid correctional officers in their supervision of offenders sentenced to confinement or house arrest. There are many forms of EM devices that are designed to limit the freedom and monitor the movements of individuals to ensure they are in compliance with court-mandated restrictions. In general, EM is intended to be an alternative to detention in either jails or prisons and is an intermediate sanction that is more punitive than traditional probation but less punitive than imprisonment. The expanded use of EM in recent years is largely attributable to financial constraints and overcrowding experienced by many jails and prisons. However, the empirical research of the effectiveness and unintended consequences is limited. There are serious concerns that have yet to be addressed about possible net-widening associated with EM use and whether it truly is an effective alternative to incarceration.
Margaret Colgate Love
Executive clemency has a rich history in the United States, both as an agent of justice and as a tool of politics. A presidential power to pardon was included in Article II of the Constitution, and all but one of the state constitutions provides for a clemency mechanism. States have established a variety of ways to manage and sometimes limit a governor’s exercise of the constitutional pardoning power, but the president’s power has remained unlimited by law. Until quite recently, clemency played a fully operational part in both federal and state justice systems, and the pardoning power was used regularly and generously to temper the harsh results of a criminal prosecution. Presidents also used their power to calm and unify the country after a period of strife, and to further policy goals when legislative solutions fell short.
But in modern times unruly clemency’s justice-enhancing role has been severely diminished, initially because reforms in the legal system made it less necessary, but later because of theoretical and practical objections to its regular use. A reluctance on the part of elected officials to take political risks, as well as clemency-related controversies, have further eroded clemency’s legitimacy. As a result, in most U.S. jurisdictions clemency now plays a limited role, and the public regards its exercise with suspicion. There are only about a dozen states in which clemency operates as an integral part of the justice system, in large part because its exercise is protected from political pressures by constitutional design. At the same time, the need for an effective clemency mechanism has never been greater, particularly in the federal system, because of lengthy mandatory prison sentences and the lifelong collateral civil consequences of conviction. It appears unlikely that an unregulated and unrestrained executive power will ever be restored to its former justice-enhancing role, so that those concerned about fairness and proportionality in criminal punishments must engage in the more demanding work of democratic reform.
Alexes Harris and Frank Edwards
Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations.
For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.
In the contemporary era of “tough on crime” policies and the globalized drug war, the number of women in the criminal justice system has increased across several countries. Women’s involvement in the system is not limited to imprisonment, however, and many criminalized women (those involved in the justice system with the assigned status of defendants, offenders, etc.) participate in community-based programs after serving sentences in prisons or jails or as an alternative to incarceration. Criminalized women encounter multiple interlocking forms of oppression based on sexuality, race and ethnicity, class, disability, immigration status, punishment status, and (importantly) gender. Gendered ideas and norms shape the way women are treated not only by the carceral state but also by community-based, nongovernmental organizations (NGOs).
NGOs have played an increasingly prominent role in the provision of social services since the 1970s. Organizations working with criminalized people in more affluent, English-speaking nations commonly address job readiness, psychological and substance issues, parenting, sexuality, romantic relationships, and spirituality, among other important areas. Some NGOs work with criminalized people as a condition of their criminal sentences. Criminalized women’s self-reported needs are great, yet resources are often scarce, inadequate, and unwelcoming, particularly for women of color. Responding to a dearth of services available to women, feminists formed NGOs focused on this population beginning in the 1970s; women are also served at NGOs that work with men. “Reducing offending” and “empowerment” are frequently stated goals at NGOs that work with women, but these goals can be interpreted widely depending on the views of NGO leadership and staff about gender.
NGOs can approach women’s gender in a variety of ways. For instance, they can resist or affirm the dominant views used by the carceral state that criminalize and stigmatize women. Their approaches matter because of the implications for equality of opportunities that follow. Two major philosophies can motivate the outreach that NGOs do with criminalized women. Gender sameness disregards gender differences and stresses that it is necessary to treat women “like men” to reverse the disadvantages and marginalization that women encounter. Gender difference emphasizes the importance of treating men or women based on their purportedly unique characteristics and social experiences. Much critical feminist research on NGOs that work with criminalized women has studied programs formed around ideas of gender difference.
Critical researchers have examined gender in organizational work with women outside of prisons, in community-based prisons run by NGOs, and in more traditional prisons. Researchers have examined practices at programs, the philosophies underpinning them, and their implications. This body of work shows that NGOs can perpetuate gendered exclusions and may expand the power of the carceral state. In their prescriptions for responding to the status quo, critical researchers make arguments along a spectrum from advocating more moderate social change, such as by creating more effective programs, to more radical social change, such as by ending community-based programs that perpetuate carceral control.
Lynne Haney and Lili Dao
In many respects, gender has been missing from the enormous literature on the form and focus of state systems of punishment. This is true in both the historical accounts on shifts in penal practices and the scholarship on the contemporary emergence of mass incarceration. Gender is absent as a category of analysis and as an explanatory variable in these scholarly debates. At the same time, while there is a large literature on women in the criminal justice and penal systems, it rarely addresses broader questions of how and why the penal system has grown in size, deepened in scope, and broadened in reach over the last few decades.
There have been three major approaches to the study of gender and punishment. The first inserted women into accounts of the criminal justice and penal systems, which had historically concentrated on male offenders. Some of this early work used a historical lens to analyze shifts in women’s confinement practices, particularly the evolution of the reformatory in the 19th and early 20th centuries. Influenced by debates in feminist legal theory about sameness and difference, one major line of inquiry sought to determine whether women were treated more leniently than men, particularly with regard to sentencing. A second approach, gaining momentum in the 2000s, shifted the focus from gender differences in outcomes to the gendered dynamics of penal control. More qualitative in nature, this scholarship conceptualized gender as a process that was both transformed and harnessed in penal institutions. Drawing on a broader movement in gender studies, this work focused less on women per se than on how gender was socially constituted. The third and final approach takes seriously the call of critical legal scholars of race and gender to examine the intersections of disadvantage. While academic analyses of intersectionality came to the fore in the 1990s, this perspective made few inroads into penology and criminology until relatively recently. Recent work on the intersection of racialization, masculinity and punishment, and the sexual politics of the prison point to promising new directions that transcend common understandings of criminalization and punishment.
The use of detention for immigration purposes is a carceral trend that continues to increase across the world and is a phenomenon no longer limited to so-called western countries or the global north. Linked to the criminalization of mass migration under conditions of globalization, immigration detention can be understood as both a policy and a practice that is directed towards the control of unwanted human mobility. The extension of tactics traditionally used in the penal system to the realm of immigration control raises important questions about the purpose, justification, and legitimacy of immigration detention. Broadly defined as the confinement of non-citizens under administrative powers rather than criminal law to achieve immigration-related aims, immigration detention is one amongst an array of border control strategies aimed at the identification of migrants, the prevention of absconding, and the facilitation of their removal. Only recently has this form of confinement become the focus of criminological inquiry. Researchers have found that immigration detention has a profound impact on those who are detained, particularly on mental and physical health as well as on more complex issues of identity, belonging, human rights, and legitimacy. Empirical research has indicated that although the detention of migrants is not punishment, it is often experienced as such, with the prison emerging as a point of comparison through which to make sense of this practice. That the “usual suspects”―poor men and women of color―are the primary populations detained raises important questions about the use of immigration detention in the service of punitive and restrictive migration control strategies that further global inequality along the familiar lines of gender, race, and socioeconomic status.
Sara Wakefield and Janet Garcia-Hallett
The rapid rise in the incarceration rate, most notably in the United States over the last four decades, has drawn greater attention to the disabilities imposed by incarceration experiences and the spillover of these complications to the families of inmates. Prisons have always disproportionately drawn upon the disadvantaged, but research today details how imprisonment creates new harms for inmates as well as for those who are connected to them but were never incarcerated. In this contribution, the effects of incarceration on the family are briefly described across several domains. First, the social patterning of incarceration effects are described, for inmates and for their families, showing that imprisonment effects are both widespread and overwhelmingly repressive for some groups. Next, the effects of incarceration on the families of inmates are described, focusing on the partners and children of inmates, and differentiating between maternal and paternal incarceration. Incarceration is broadly harmful for families, but there is a significant gender gap in knowledge—research on paternal incarceration and the romantic partners of male inmates is much more common, rigorous, and uniform in findings. Where findings are mixed, scholarship is reviewed on how examining incarceration and family life has expanded across varying fields that often differ in their research approach, emphasis, and methodology. Finally, the discussion ends with the most pressing challenges for researchers going forward, suggesting that studies interrogating heterogeneity and leveraging new data sources offer the most fruitful path. This review is focused largely on the United States. First, and most practically, much of our knowledge about the effects of incarceration on the family is based on U.S.-based samples. Second, the effects of incarceration on the family have worsened significantly as a result of the prison boom in the United States. It remains to be seen how such effects translate to different contexts; some research suggests similar process at much lower incarceration rates, while others show less harm in other contexts.
A nation’s rate of incarceration is the number of people incarcerated as a proportion of its total population. Internationally, there is broad variation in the degree to which nations incarcerate their citizens, with a nearly 40-fold difference between the highest and lowest rates. The incarceration rate is often interpreted as a measurement of the degree of punitiveness in a society, although it is an imperfect measurement. Factors that may influence these rates include rates of serious crime, law enforcement and prosecutorial decision making, scale of prison admissions, length of time served in prison, and other means of social control in a society.
Emerging scholarship is exploring the broader societal factors contributing to a nation’s rate of incarceration. These studies explore policy initiatives to prioritize incarceration as a means of crime control, degree of inequality in a society, racial assumptions about crime, and the cultural values of a nation. With the rise of mass incarceration in the United States, a body of research has developed that is assessing the limited public safety benefits and collateral effects of these developments. These counterproductive effects include impacts on family formation and parenting in high-incarceration communities, rates of civic engagement, and the fraying of community bonds and informal social control.
The variables impacting how one experiences imprisonment are far ranging. George Jackson (1994), a pivotal character in American penal history, wrote that, “[b]lackmen born in the [United States] and fortunate enough to live past the age of eighteen are conditioned to accept the inevitability of prison” (p. 4). Ruth Wyner (2002), incarcerated 40 years after Jackson under vastly different circumstances, describes a very different sort of bleakness associated with her incarceration:
One evening, just before I settled down to try to sleep, I allowed myself to remember my daughter in a way that I usually suppressed: remembering and feeling all the love that I had for her, every bit. A huge chasm grew inside me, dark and raw, and my throat constricted as I felt enveloped by the sadness. This was what was inside of me when I allowed myself to touch it.
Such personal experiences of incarceration offer a window into how prisons function, or often more correctly, fail to function, from the point of view of the prisoner. These perspectives are vitally important to a fulsome understanding of incarceration because prisoners and their experiences paint a picture of confinement that is patently different from those described by penal officials and governments.
There are numerous issues that shape the experiences of confinement, both historically and in the present day, a list longer than can be adequately addressed in this entry. Still, there are key concerns that recur in the literature and in ongoing debates about incarceration. Included here are human rights abuses, overcrowding, the overuse of solitary confinement, the situation of women prisoners, the incarceration of indigenous peoples, and health, especially mental health concerns.
Ashley T. Rubin
Prisons are government-sanctioned facilities designed for the long-term confinement of adults as punishment for serious offenses. This definition of prisons, frequently belied by actual practice but an accurate representation of the prison as an ideal type, emerged relatively late in human history. For most of Western history, incarceration played a minor role in punishment and was often reserved for elites or political offenders; however, it was rarely considered a punishment in its own right for most offenders. The notion of the prison as a place of punishment emerged gradually, according to most accounts, over the 17th through 19th centuries. Although there were several precursors to penal incarceration, the most influential was the 17th-century Dutch workhouse, the first formal uses of penal incarceration in a prison as a distinct institution began with the American proto-prison in late 18th century and evolved into the modern prison in the early to mid-19th century. These modern prisons proved influential around the world. In late-19th-century America, however, the modern prison experienced a series of re-imaginings or iterations beginning with a proliferation of different forms, including distinctive forms of Southern punishment (convict leasing, chain gangs, and plantation-style prisons), specialized prisons across the country (women’s prisons, adult reformatories, and maximum-security prisons), and efforts to reduce reliance on prisons (drawing on innovations from Australia and Ireland). This flurry of activity was followed by a period of serial re-creation in the 20th century in the form of the big-house prison, the correctional institution, and the warehouse prison, including its subtype: the supermaximum-security prison. In this recent period, American prisons have once again become models copied by other countries.
Sarah R. Bostrom and Melinda Tasca
The re-entry experiences of women are an important area of inquiry given the continued rise in female imprisonment. Since most inmates will be released, reintegration is a chief policy concern. Like men, re-entering women tend to be disproportionately of color, poor, undereducated, and parents of minor children. What sets women apart from men, however, is the accumulation and frequency of the adversities they encounter. To be sure, co-occurring histories of trauma, mental health, and substance abuse—commonly referred to as the “triple threat”—along with physical health concerns and poverty, distinctly shape female re-entry. Women with children face additional burdens due to their status as mothers. In particular, women’s responsibilities for children before incarceration, contact with children during confinement, and expected parental roles after release are quite different than those of fathers. Pressures to assume mothering roles and challenges with parent-child reunification can further complicate re-entry. Women require social support to successfully transition from prison to home. Social support helps women meet competing demands related to housing, employment, transportation, childcare, and community supervision. This assistance typically comes from informal networks that are invaluable to re-entry success. At the same time, women’s relationships are often highly complicated and can be sources of stress. While prosocial relationships are protective, unhealthy ties can contribute to re-entry failure. With respect to formal social support, gender-responsive interventions that target the unique stressors of formerly incarcerated women offer the most promise for effecting post-release change. Yet, such programs are not widely available or accessible to this population. Finally, it is important to take stock of primary sources used in the study of female re-entry to identify ways to advance research and policy in this area.
Risk is a pervasive feature of contemporary life, and has become a key feature of penal policy, systems of punishment, and criminal justice services across a number of the Anglophone jurisdictions. Risk as an approach to calculating the probability of “danger” or “hazard” has its roots in the mercantile trade of the 16th century, growing in significance over the intervening centuries until it pervades both the social and economic spheres of everyday life. Actuarialism, that is the method of statistically calculating and aggregating risk data, has similar roots, steeped in the probability calculations of the insurance industry with 20th-century extension into the arenas of social welfare and penality. Within criminal justice one of the first risk assessment tools was the parole predictor designed by Burgess in 1928. Since then we have seen a burgeoning of risk assessment tools and actuarial risk practices across the penal realm, although the extent to which penality is totally risk based is disputed. Claims for a New Penology centered on risk have been much debated, and empirical evidence would tend toward more cautious claims for such a significant paradigm shift.
Prevention and responsibilization are often seen as core themes within risk-focused penality. Risk assessment is used not only to assess and predict future offending of current criminals, but also to enable early identification of future criminals, “high crime” areas, and those in need of early interventions. The ethics, accuracy, and moral justification for such preventive strategies have been extensively debated, with concerns expressed about negative and discriminatory profiling; net-widening; over targeting of minority groups especially for selective incarceration; and more recently criticisms of risk-based pre-emption or “pre-crime” targeting, particularly of ethnic minorities. Responsibilization refers to the techniques of actuarial practices used to make persons responsible for their own risk management, and for their own risk decisions throughout the life course. In respect of offenders this is best expressed through corrective programs focused on “right thinking” and re-moralizing offenders toward more desirable social ends. Those offenders who are “ripe for re-moralization” and who present a level of risk that can be managed within the community can avoid custody or extended sentencing. Those who are not, and who present the highest levels of risk, are justifiably selected for risk-based custodial sentences. Such decision-making not only requires high levels of predictive accuracy, but is also fraught with severe ethical challenges and moral choices, not least about the desired balance between risks, rights, and freedoms.
Michelle S. Phelps and Caitlin Curry
Over the past half-century, the number of adults under criminal justice supervision increased precipitously in some Western countries, with carceral control in the United States reaching an unprecedented scale. While much of the scholarly attention has been focused on the development of mass incarceration, new research focuses on the parallel expansion of mass probation and, more broadly, mass supervision. In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the number of inmates in local, state, and federal jails and prisons. Estimates from Europe in the late 2000s suggest that there were approximately 3.5 million on community sanctions, compared to 2 million incarcerated. Individuals on these sanctions serve out their initial sentences (or remaining time after release from jail or prison) while residing in the community under the supervision of a probation or parole officer.
As scholarship increasingly focuses on the expansion of community supervision, we are learning more about this form of punishment. Probationers and parolees are subject to a variety of conditions, including reporting regularly to their supervising officers, finding and maintaining employment, avoiding drug use and re-arrest, participating in therapeutic programs, and paying fines and fees. Failure to comply with the demands of supervision may result in variety of penalties, up to a return to custody for the entire length of the suspended prison sentence. Thus, while probation and parole are often framed as acts of leniency—allowing individuals to avoid incarceration and/or exit early—they can be experienced as quite punitive. In other words, the official discourses and everyday practices of supervision blend both punitive and rehabilitative elements. The composition of this blend varies significantly across countries, states, local departments, individual officers, and the officer-supervisee relationship. This variation has produced a kaleidoscope of different practices, all under the banner of community supervision.