What We Know, Think We Know and Would Like To Know About the Impact of Court Orders on Prison Conditions and Jail Crowding (From Prison and Jail Crowding: Workshop Proceedings, P 69-146, 1987, Dale K. Sechrest et al, eds. -- See NCJ-106410)

• NCJ Number: 106411
• Author(s): M M Feeley; R H Hanson
• Date Published: 1987
• Length: 78 pages
• Corporate Author: National Acad of Sciences
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: For microfiche, see NCJ-106410.

Annotation

This literature review examines the effects of court orders on the organizational structure, policies, and service delivery of prisons.

Abstract

Litigation has increased centralization in and oversight by correctional administration. In the short term, court orders have been associated with a decline in staff morale and inmate violence. Court restrictions on crowding have produced an increase in prison and jail construction, but this has not always reduced crowding due to increasing incarceration rates. Other correctional policies affected by court restrictions on crowding include early release tactics and consideration of alternatives to incarceration. The most extreme abusive prison conditions have been mitigated through court orders. Crowding reductions, however, have not enhanced service availability, and in some cases, State inmates are worse off when transferred to substandard jails already filled. Special masters have been used effectively, although some question whether this strategy undermines the court's independence and authority. This paper also identifies problems of inference, measurement, and conceptualization which limit knowledge about courts and prisons. The study recommends that several complementary approaches be used to refine working hypotheses to achieve a clearer understanding. 16 tables, 9 figures, and 31 references. (Author abstract modified)