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Article

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.

Article

Dawn Moore

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. (p. 156) 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.

Article

R.V. Gundur

Prison gangs are often formally referred to as “security threat groups” or “disruptive groups.” Compared to street gangs, they are understudied criminal organizations. As is the case with many organized criminal groups, official definitions of prison gangs tend to be broad, typically defining one as any group of three or more people who engage in disruptive behavior in a carceral setting. Many prison gangs, however, have other, distinct characteristics, such as having formed or matured in adult prisons, being composed primarily of adults, having a clear organizational structure that allows the gang to persist, and having a presence both in and out of prison. Research on prison gangs has been sporadic and focuses primarily, though not exclusively, on the United States. The first studies of inmate life occurred in the 1940s and 1950s, and in prisons that did not have modern incarnations of prison gangs. Until the 1980s, only a few academics described the existence of prison gangs or, their precursor, cliques. The 1980s and early 1990s saw the first studies of prison gangs, notably Camp and Camp’s historical study of prison gangs within the United States from the 1950s to the 1980s and Fong and Buentello’s work that documented the foundation and evolution of prison gangs in the Texas prison system in the 1980s. These studies marked some of the first, and last, significant, systematic studies of prison gangs until the new century. The 21st century brought renewed attention to security threat groups, as scholars from a variety of disciplines, including sociology, criminology, and economics, engaged in the study of prison society and how inmate groups influence it. Some of these scholars introduced new methodologies to the study of prison gangs, thereby significantly increasing the available knowledge on these groups. Research on prison gangs has expanded to consider four broad categories: defining prison gangs and describing their formation and evolution; evaluating prison gangs’ organizational structure and governance in carceral and free settings; assessing the role of prison gangs on reoffending; and gauging how to control prison gangs both in and out of prison.

Article

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.

Article

The political economy of punishment is a critical approach within the sociology of punishment that hypothesizes the existence of a structural relationship between transformations of the economy and changes in the penal field. Inspired by a neo-Marxist framework, this materialist critique of punishment explores—from both a historical and a contemporary perspective—the connections between the reorganization of a society’s system of production and the emergence, persistence, or decline of specific penal practices. Thus, materialist criminologists have investigated the parallel historical emergence of factories as the main sites of capitalist production and of prisons as the main institutions of punishment in modern societies. Scholars in the field have also explored the correlations between incarceration rates and socioeconomic indicators, such as unemployment rates, poverty levels, welfare regimes, and labor markets. This materialist framework has been criticized in mainstream criminological literature for its alleged economic determinism. In particular, critiques have focused on the theory’s tendency to overlook the cultural significance of punishment and the politico-institutional dimensions of penality, as well as on its exclusive emphasis on the instrumental side of penal practices as opposed to their symbolic dimensions. In response to these critiques, some recent works have tried to integrate the old political economy of punishment with epistemological tools from different disciplinary fields in order to overcome some of the limitations of the materialist approach. This broadening of the structural paradigm in criminology could point toward the envisioning of a “cultural political economy of punishment.” Particularly in its more recent iterations, the materialist critique of punishment provides a powerful lens for investigating current transformations in the penal field, such as the advent of mass incarceration and the ongoing prison crisis in the United States.

Article

Sarah Tahamont and Nicole E. Frisch

Correctional classification is at the core of the prison experience. Classification processes determine what, with whom, and how an inmate will spend his or her time while incarcerated. Classification designation influences virtually all dimensions of prison life, including the structure of inmate routines, ability to move about the facility premises, program eligibility, mandatory treatments, and housing location or style. Yet it is very challenging to speak about correctional classification in general terms, because there are 51 different classification schemes in the United States, one for each of the 50 states and the federal prison system. Correctional classification can be centralized or decentralized to varying degrees across institution, facility, and unit levels of prisons. Although often used interchangeably in correctional argot, the two predominant correctional classification types are security (referring to the characteristics of the prison) and custody (referring to the permissions of the inmate). Classification structures and processes shape much of the prison experience and, as such, are central to investigations of the effects of prison on inmate outcomes. Indeed, the extent of the deprivations inmates face during incarceration is largely determined by their institution, facility, unit, and custody levels. Discussing correctional classification across systems is challenging because classification designations take on a heterogeneous, nested structure, meaning that in some systems institution and facility are the same, in other systems facility and custody are the same, and in still other systems institution, facility, and custody are all distinct, with custody nested in facilities nested in institutions. In addition to classification structures, there are classification processes which are the set of procedures that correctional administrators use to determine security and custody levels. Classification criteria, processes, and timelines vary across departments of corrections. The general goals of classification procedures are to minimize the probability of escape and maximize the security of the department facilities, inmates, and staff, while housing the inmate at the least restrictive level possible and providing appropriate services. Correctional administrators must balance security and rehabilitative concerns in custody and security classification practices. In what is often described as a direct trade-off, most agencies prioritize the security and safety of inmates and staff over the treatment needs of inmates.

Article

Tina Maschi, Keith Morgen, Annette Hintenach, and Adriana Kaye

There has been a growing awareness among academic and professional communities, as well as the general public, of the global rise in the number of aging prisoners across the world. Both the scholarly literature and social media have documented the high human, social, and economic costs of housing older adults with complex physical, mental health, legal, and social needs. It is imperative to explore the crisis and select correctional policies and practices that have contributed to the rise in the aging and the seriously and terminally ill populations in global prisons. A comparative framing and analysis across the globe show how some countries, such as the United States, have a higher per capita rate of incarcerating older adults in prisons compared to other countries, such as Northern Ireland. Variations in profiles and manifestations of personal and social conditions affect pathways to prison for some older adults. Explanatory perspectives describe why some individuals are at an increased risk of growing old in prison compared to other individuals. Indigeneity, globalization, race and ethnicity, power and inequality, and processes of development and underdevelopment have affected the growth of the aging prison population. Promising practices have the potential to disengage social mechanisms that have contributed to the mass incarceration of the elderly and engage a more compassionate approach to crime and punishment for people of all ages, their families, and communities.

Article

Dawn K. Cecil

Popular culture has the ability to entertain and, on some level, educate. People’s perceptions and understanding of an issue can be influenced by the images and messages contained within common representations. According to social constructionism, the further a subject is removed from our day-to-day lives, the more important second-hand knowledge becomes in shaping perceptions. Prisons are a prime example. These institutions are not a part of most people’s lives; therefore, they must rely on information gathered from other sources to come to an understanding of these complex social institutions. Many turn to popular prison imagery to be entertained and in doing so they may be taking away lessons about imprisonment. By relying on the mediated experiences provided by representations of prison in popular culture, they are likely to have an incomplete and, perhaps, inaccurate perception of institutional life. Early images of prison were limited, however, today there is an abundance. The first popular prison imagery came in the form of Hollywood films, which gave audience members a glimpse of the prison routine, while following the journey of a new inmate. While these movies are the most iconic images of prison, in today’s media landscape representations of prison life can be found in a variety of places. Most often they are depicted in entertainment and infotainment-type programming on television, but can also be seen in documentary films and represented in various other aspects of popular culture, including music and cartoons. There is a growing body of literature that discusses these depictions. This research examines the accuracy of the portrayals and identifies underlying messages about crime and punishment, which provides vital information on how people come to understand prison in a media culture. Stereotypes and caricatures abound; however, one can also find important messages about prisoners, prison life, and ultimately the role of prison in society. Overwhelmingly people are subjected to images of violent men and women locked up, where their violent behavior continues, which ultimately sends a message that prison is a social necessity. Examining these popular representations of prison allows us to begin to understand the potential impact this imagery has on people’s perceptions of these institutions in modern society.

Article

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.

Article

David E. Olson

Despite all the attention paid to the growing prison populations in the United States since the early 1990s, it remains, as it has throughout recent history, that probation accounts for the largest portion of those under the custody of the criminal justice system. The U.S. Department of Justice estimates that at the end of 2015, there were more than 3.7 million adults under the supervision of U.S. probation authorities, compared to 1.5 million in prison, 870,000 on parole, and 728,000 in local jails. And while probation is not often thought about within the context of “mass incarceration” in the United States, probation directly impacts prison and jail populations in two specific ways. First, a sentence of probation for a felony offense is the most frequent alternative to a prison sentence. Second, the revocation of probation can directly lead to the imposition of a sentence to prison or jail, depending on the nature of the original conviction offense. During 2015, in the United States, it is estimated that 12% of all probationers exiting supervision were incarcerated due to probation revocation, which translates to an estimate of more than 233,000 probationers annually. Probation revocation means that the sentencing court has determined that a violation of the conditions of probation have occurred, and because of this, the original probation sentence is no longer appropriate. As a result of a probation sentence being revoked, the sentencing court imposes a different (usually more serious) sanction on the offender. Often, those on probation for a felony offense who have their probation revoked are sentenced to prison, leading to their admission to prison. Indeed, given this link, scholars and practitioners have identified reducing probation revocation as one strategy to reducing prison populations, and jurisdictions often focus on reducing probation revocations as a means to lowering their commitments to prison. Probation revocation can result from either new arrests or violations of technical aspects of the sentence, such as missed appointments or non-compliance with treatment orders. However, whether or not a probation sentence is revoked as a result of these violations varies from jurisdiction to jurisdiction. This variation in the use of probation revocation as a response to violations of probation illustrates the localized nature of revocation proceedings, and attempts to reduce these disparities have taken many forms. These efforts to reduce the impact of probation revocations on prison admissions have ranged from providing local jurisdictions with financial incentives to respond to revocation-eligible violations with sanctions other than incarceration, to legislative efforts to prohibit sentences to prison as a response to probation revocations stemming from technical violations or instances where public safety is not threatened.

Article

Documentary films have significant appeal because of their claim to represent truth and authenticity. Within the criminal justice system, they are important not only because of the public fascination with crime and punishment, but also because the everyday workings of the criminal justice system often remain outside of the direct experience or sight of most people. There have been major stages in the technical and institutional development of documentary film. In its early years, actualités, short shots of realistic events, illustrated the new technology. As rudimentary narrative forms emerged, real events, including crimes, were recreated on film for paying audiences. Fiction films soon came to dominate and documentary was relegated to a supporting role, particularly in the form of newsreels that offered news and features prior to movie presentations. It was during the late 1920s and 1930s that the potential for film, including documentary, came to be recognized as a potential medium of state power. This was most notoriously seen in Nazi Germany, but also more benevolently in New Deal America. In the United Kingdom, John Grierson’s documentary movement spearheaded the use of documentary in workplaces, professional clubs and institutions as a means of promoting state sponsored social improvement. State control remained important during the Second World War and the subsequent period of reconstruction. The growth of television and the development of portable cameras and sound equipment opened up a new approach in the late 1950s and 1960s. Cinéma-vérité and direct cinema not only brought about stylistic innovations, such as hand held camerawork, but also took the filming into new spaces and offered a voice to previously unheard people, reflecting the social upheavals of the age. This approach became more widespread as a stylistic trope, but its original political purposes waned. Since the 1980s, the documentary field has become more diverse and fragmented, as a result of deregulation and the expansion of media markets, and the greater accessibility of equipment. Popular documentary on large network channels has often focused on entertainment, leading to new forms of infotainment. In contrast, there has been more opportunity for critical voices to be heard that contest dominant ideas. Throughout these eras, documentary has featured and responded to crime and criminal justice within the context of broader social change. The evolution in documentaries about crime and criminal justice has, in particular, been shaped by three factors. The first is the role of individual agents, such as prominent filmmakers whose work has stood the test of time or has influenced the field. Second, there have been institutional factors, including the technology of film, notably the development of more portable and affordable equipment, but also there have been changes in the production process including sources of funding and distribution. The third factor is ideology. Cultural products, including documentaries about criminal justice, are created and consumed within a contested ideological context, and their meanings or significance can only be understood by reference to that context. As a result, these documentaries are important means of understanding the criminal justice system and the wider social context in which they are situated.

Article

This article proposes a focus on some of the arguments in the field—what is “arts behind bars”? What are some of the intentions, and why would people do it? It also signals the range of practices that are to be found—from the development of needlework in male prisons through to participatory arts projects with young people in prisons to collaborative stage shows. Artists working in criminal justice have a wide range of intentions. For a few, there might be a frisson of the danger and caged energy behind bars that is stimulating to creativity and could add something to their own creative process. The model of art for prisoners—professional artists staging a show or doing an unplugged music event in a prison—can raise the profile of prisons and punishment. However, there are a great number of projects that move towards forms of art created with and by prisoners, thereby aligning them with a long history of social and participatory arts. Theoretically, then, the arts behind bars are informed by critical pedagogies as much as the specific disciplinary approaches. This model seeks to build critical consciousness and confidence in mastery as well as induction into the discipline of learning any skill for the purposes of liberating through knowledge. In arts behind bars, the knowledge base might include literacy outcomes, but the learning is often communal, and about creative self-expression. The practitioners of arts behind bars have two driving intentions. Either they seek to engage more people with their art form and are willing to work in a range of contexts, or they are committed to social justice and hope to use the art form towards additional aims of generating understanding and redressing some of the inequalities experienced by prisoners. It is necessary to consider what new perspectives are offered to the subject of arts in criminal justice by thinking about how wider resources, culture, and artistic paradigms affect perceptions of the value of interventions. This highlights the need for awareness of those artists who choose to work in prisons of the moral and ethical questions raised by bringing art to the system.

Article

John Lennon

Dark tourism has passed into the language and study of tourism since it was first designated as such in 1996 (see Lennon & Foley, 1996; Seaton, 1996). It is now established as a term to designate those sites and locations of genocide, holocaust, assassination, crime, or incarceration that have served to attract visitors. The phenomenon exists across a range of global destinations and demonstrates commonality and unifying elements across a range of societies and political regimes. The interpretation of these sites can of course be the product of ideology and dominant belief systems, and they act as the meeting place for history and visitation where questions of authenticity and fact are sometimes juxtaposed with the operation of tourism facilities. What is celebrated, interpreted, and developed is often selective, and dilemmas of commemoration of the unacceptable and acceptable are reflected clearly in the condition, nature, and content of these sites. This selective interpretation is demonstrated in destinations from Cambodia to Lithuania, from Auschwitz to Dallas, and from Moscow to London. In these locations, such tourist attractions become key physical sites of commemoration, history, and record. They provide the visitor with a narrative that may well be positioned, augmented, and structured to engage, entertain, or discourage further inquiry. Dark tourism attractions demonstrate demand but also constitute commemoration, historical reference, narrative legacies, and populist heritage attractions. These tourism sites in some cases become one of the few remaining commemorative elements of victims and their testimonies. In such cases the content and its narrative interpretation take on critically important values in understanding a shared past.

Article

Mass imprisonment in the United States is an epidemic that has spread across five generations affecting millions of individuals, their families, and hundreds of communities. The United States imprisons more people than any other nation in the world—with over 2 million behind bars and another 5 to 7 million under community supervision on parole and probation. With 5% of the world’s population, the United States has 25% of all the world’s prisoners. This U.S. system imposes many punitive policies, holding more of its citizens in isolation and solitary confinement than all the other prisons of the world combined and imposing the highest rates of life sentences of any nation. This public health analysis of mass incarceration in the United States (first proposed in Ernest Drucker’s 2011 book, A Plague of Prisons: The Epidemiology of Mass Incarceration in America) must therefore also address the high rates of prisoner reentry that accompany it—with over 600,000 U.S. prisoners reentering society each year—with the highest recidivism rate of any nation. This population is disproportionally poor and members of America’s large minority populations (African Americans and Latinos). The public health model provides a new tool for ending the American epidemic of mass imprisonment and, of equal importance, healing those who have survived its blows. This stage of the American story of mass incarceration is covered in Drucker’s 2018 book, Decarcerating America: From Mass Punishment to Public Health. But releasing people from prisons is not enough—the taint of punishment has a long-lasting and debilitating effect on the millions who return from prison to their home communities—facing social stigma and the many restrictions placed upon them as part of the conditions of parole—including limits of their access to public education, healthcare, and housing—as well as convicted felons’ loss of the right to vote. The United States badly needs a paradigm shift that replaces these impediments to successful reentry after prison, creating instead a positive place and normal life for this population in the outside world.

Article

Tackling racism in prisons has a relatively long policy, practice, and research history in England and Wales. However, clear evidence of success in reducing racism in prisons has been, and still is, difficult to find. This article is based on a unique study that was carried out either side of the new millennium (late 1999 to mid-2001), but no equivalent exercise has been repeated since. Due to a unique set of circumstances at the time the study was carried out, it became possible to employ an action research approach that required policymakers, practitioners, volunteers, and researchers to agree on: an emergent research design; implementation; intervention; and measurement. There are many forms of action research, but this study could best be defined as a “utilization-focused evaluation, which is particularly applicable to the criminal justice environment. This approach also included elements of participatory action research.” The emphasis here is to show how the action research approach can be both more systematic and more flexible than traditional social science approaches. This applies to both epistemological and research methods considerations, because, by combining theory and action, action research can provide a more viable way of ensuring that policy works in practice, and is sensitive to unique institutional exigencies. Throughout, discussion is contextualised using policy, research and methodology texts from the period when the research was commissioned, but given an overall methodological context by referencing more recent methodology text books. The article first outlines the context in which the action research study was commissioned, before providing a summary of the international research findings on race relations in prisons, from which key concepts for the project were initially operationalized. The chapter then explains how the specific participatory action research approach was selected as the most appropriate design, the extent to which the approach was successful, and why. The article ends with a discussion of the implications of findings and conclusions from this study for current policy and methodological approaches.

Article

Kayla Crawley and Paul Hirschfield

The school-to-prison pipeline (STPP) is a commonly used metaphor that was developed to describe the many ways in which schools have become a conduit to the juvenile and criminal justice systems. The STPP metaphor encompasses various disciplinary policies and practices that label students as troublemakers, exclude students from school, and increase their likelihood of involvement in delinquency, juvenile justice, and subsequent incarceration. Many external forces promote these policies and practices, including high-stakes testing, harsh justice system practices and penal policies, and federal laws that promote the referral of certain school offenses to law enforcement. Empirical research confirms some of the pathways posited by STPP. For example, research has shown that out-of-school suspensions predict school dropout, justice system involvement and adult incarceration. However, research on some of the posited links, such as the impact of school-based arrests and referrals to court on school dropout, is lacking. Despite gaps in the empirical literature and some theoretical shortcomings, the term has gained widespread acceptance in both academic and political circles. A conference held at Northeastern University in 2003 yielded the first published use of the phrase. Soon, it attained widespread prominence, as various media outlets as well as civil rights and education organizations (e.g., ACLU, the Advancement Project (they also use “schoolhouse-to-jailhouse track”), the National Education Association (NEA), and the American Federation of Teachers) referenced the term in their initiatives. More recently, the Obama administration used the phrase in their federal school disciplinary reform efforts. Despite its widespread use, the utility of STPP as a social scientific concept and model is open for debate. Whereas some social scientists and activists have employed STPP to highlight how even non-criminal justice institutions can contribute to over-incarceration, other scholars are critical of the concept. Some scholars feel that the pipeline metaphor is too narrow and posits an overly purposeful or mechanistic link between schools and prisons; in fact, there is a much more complicated relationship that includes multiple stakeholders that fail our nation’s youth. Rather than viewing school policies and practices in isolation, critical scholars have argued that school processes of criminalization and exclusion are inextricably linked to poverty, unemployment, and the weaknesses of the child welfare and mental health systems. In short, the metaphor does not properly capture the web of institutional forces and missed opportunities that can push youth toward harmful choices and circumstances, often resulting in incarceration. Many reforms across the nation seek to dismantle STPP, including non-exclusionary discipline alternatives such as restorative justice and limiting the role of school police officers. Rigorous research on their effectiveness is needed.

Article

In the 21st century, an unprecedented rise in the visibility of and social acceptance for lesbian, gay, bisexual, and transgender (LGBT) people has been accompanied by exponential growth in scholarship on LGBT people generally and their experiences in diverse communities and institutional contexts in the United States and around the globe. A growing body of literature draws on first-person accounts, qualitative analyses, and statistical assessments to understand how and why LGBT people end up in prisons and other types of lock-up facilities, as well as how they experience being imprisoned and the collateral consequences of those experiences. Scholarship in this body of work focuses on (a) the range of abuses inflicted on LGBT prisoners by other prisoners and state officials alike, including mistreatment now widely recognized as human rights violations; (b) the variety of ways LGBT people are managed by prison officials, in the first instance whether their housing arrangements in prison are integrationist, segregationist, and/or some combination of both, including the temporary and permanent isolation of LGBT prisoners; and (c) the range of types of political mobilization that expose the status quo as unacceptable, define, and document the treatment of LGBT people behind bars as human rights violations, demand change, and advocate new policies and practices related to the carceral state’s treatment of LGBT people in the United States and across the globe. The study of LGBT people in prisons and other detention facilities is compatible with larger calls for the inclusion of sexual orientation, gender identity, and gender expression in criminology and criminal justice research by advancing theoretical and empirical understandings of LGBT populations as they interact with the criminal justice system, and by incorporating this knowledge into broader criminological conversations.

Article

Therapeutic jurisprudence (TJ) is a multidisciplinary approach to assessing the impact of the law itself on the emotional and psychological experiences of all those who have contact with the legal system. Variously described as a theory, a method, a lens, or a process of analysis, its distinguishing feature is to conceive of the law as a “therapeutic agent.” That agency can cause both therapeutic and antitherapeutic consequences. By investigating and assessing the social, professional, and political contexts in which laws are made and applied, TJ seeks to identify how unintentional harms are caused and suggests ways to remedy them. It also identifies opportunities to enhance psychological strengths and positive emotional experiences to improve legal outcomes. It has commonalities with positive criminology, restorative justice, procedural justice, and other less adversarial approaches within the criminal justice system. Since being founded by David Wexler and Bruce Winick in the 1980s as a project to improve the experiences of those subjected to mental disability law in the United States, the theory and methodology of TJ has evolved, and its influence has expanded to virtually every major legal system and jurisdiction. TJ was at the core of the operating philosophy of the problem-solving court movement, which now operates across nine countries. It is increasingly influential in new approaches to probation and offender treatment models in the United States, Europe, Australia, and New Zealand, and in influencing access to justice policies in India and Pakistan. It offers some common conceptual principles for the development of First Nations courts, tribunals, and dispute resolution programs seeking to eradicate systemic, monocultural bias in postcolonial criminal justice systems which tend to lead to intractable, carceral overrepresentation. TJ is currently undergoing a process of “mainstreaming” across disciplines and internationally. This involves encouraging lawyers and other criminal justice workers outside specialist court and diversion jurisdictions to adopt therapeutic outlooks and practices. So far there have been projects to mainstream TJ principles in police interviewing, risk assessment, diversion, criminal settlement conferences, bail, sentencing, conditional release from custody, and appeals. The sorts of reforms, innovations, and changes in mindsets suggested by TJ work has also sparked resistance and criticism. The latter ranges from constructive concerns about conceptual vagueness, risks of paternalism, and coercion to absolute ideological opposition on the grounds that TJ allegedly advocates for the complete abandonment of the adversarial system and strongarms defendants into surrendering their constitutional and due process rights.

Article

After nearly a hundred years of debate and analysis, the gang concept remains hotly contested within the social sciences. Once thought to be an exclusively American phenomenon, the study of gangs has become increasingly global over the last decade. Countries from every world region have observed the emergence of gangs and gang-like groups. In some places, gangs resemble their American counterparts, while in others they engage not only in petty crime and drug trafficking but in targeted assassinations, corruption of public officials, and racketeering as well. These activities make them less like the delinquent youth groups they were once conceived as and more akin to organized crime. In less stable and violent contexts, gangs have even been incorporated into ethnic militias, rebel groups, and paramilitaries or have taken on a more vigilante ethos by combating violence and providing some semblance of order. The remarkable proliferation of the gang form and the incredible variation in the phenomenon across the globe requires a reassessment of the gang concept. In the limited literature that focuses on the study of gangs cross-nationally, several conceptualizations have been proposed. Some scholars have attempted to separate smaller street gangs from a variety of other related phenomena: prison gangs, drug gangs, and organized crime. They have done so by crafting a more restrictive concept. However, while separating street gangs from other criminal groups may make sense in the American or European context, it applies less well to other parts of the globe where such organizational forms have become thoroughly integrated, thus blurring these traditional conceptual boundaries. At the same time, some scholars have advocated for a conceptual framework that captures the transformative nature of gangs and encompasses any and all types of gangs and gang-like groups. Such an evolutionary framework fails, however, to distinguish between gangs and a huge variety of criminal and political nonstate armed groups that share little in terms of their origins, motivations, or activities. It can be argued that the best conceptualization is a minimal one that incorporates gangs and many gang-like groups but avoids conceptual stretching to include virtually all nonstate armed groups. Ultimately, contemporary scholars of gangs within any national context must be increasingly attentive to the global dimensions of the gang organizational form and the various overlapping and multifaceted relationships they maintain with a variety of other nonstate armed groups.

Article

Ferdinando Spina

Cinema, together with television, has proved to be perhaps the most extensive, popular, and powerful medium in the representation of crime. From a criminological point of view, the crime films are all those movies whose central theme is crime and its consequences. The crime films should be defined on the basis of their relationship with society. On one hand, crime films say something important about the social context that they represent and from which they have been fashioned. On the other hand, they themselves have an effect on the social context, since their representation of crime, law, justice, and punishment itself becomes culture, acquires meaning, and provides an interpretation of reality. The approach of criminology to crime films has a series of important theoretical and methodological consequences. It leads to a fundamental enrichment of academic knowledge, for example, regarding the themes to be tackled, the disciplines and research methods to be used, and even the forms of teaching. Indeed, the analysis of crime films can help to better investigate many aspects of the perception and understanding of crime, law, and justice in society. The criminological study of crime requires a multifaceted approach, looking at the changing representation of crime and criminals in relation to the wider political, economic, and cultural transformations, and to the commercial and technological development of the cinematographic industry. The historical and thematic reconstruction of the productive and stylistic cycles of crime films comprehends the gangster, noir, detective, courtroom, and prison film genres. Moreover, this perspective deals with the main reasons for the success of crime films, the elements that influence their production, and finally the thorny topic of the effects of crime films.