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- Creators: Barrett, The Honors College
- Creators: Chamberlain, Alyssa
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
The purpose of this project is to explore the historical context and current state of prison hospice programs in the US. This objective was accomplished through an extensive review and synthesis of the relevant literature pertaining to prison hospice programs in the US. The historical increase of the incarceration rate beginning in America during the 1980’s has led to the development of more elderly prisoners than ever before in the US. As prisoners age in the US correctional system, they experience faster-than-average health decline. Mass incarceration has placed incredible strain on the correctional system to provide healthcare to the medically complex elderly inmate population. This project proposes that some of this systematic strain may be alleviated through the action of prison hospice programs. Prison hospices replace unnecessary industrial medical interventions with personalized comfort care measures and the unique service of inmate volunteers. This approach to medical care at the end of life has become the standard of care for the free population but is slower to emerge in the prison context. This project asserts that the dying US inmate population should be offered the right to a dignified death through equitable access to hospice services.
Ankle monitors are not the bright, kind alternative to incarceration that they are made to be. Advocates propose them as a solution to overcrowded carceral sites and excessive federal expenditure on public corrections agencies. Their logic being we can release certain incarcerated people to reduce prison, jail, and detention center populations and require them to pay for their monitoring to reduce prison expenditures. While there is potential for ankle monitors to achieve these aspirations, it is necessary to recognize how and where they can produce harm. Rather than being an alternative to incarceration, ankle monitors are a method of incarceration. They serve the same functions and hold the same power as prisons and jails with a more elusive form. In the current implementation of ankle monitors, we see individual bodies being transformed into sources of data to be capitalized upon by the government and private companies. Along with this, there is a shift of the financial burden of incarceration from prisons to the person being punished. This acts to further perpetuate the cycles of poverty and financial oppression that are seen within traditional forms of incarceration. Ankle monitor advocates also claim ankle monitors allow incarcerated people to enjoy freedom beyond prison walls and reintegrate into society. In reality, this is an oversimplification of freedom. Individuals with ankle monitors find themselves to be limited in their freedoms by restricted movement and stigmatization. They are unable to live a “normal” life because their ankle monitors prevent them from doing so. These people cannot move as they please, they cannot find and hold employment, and they cannot interact with people like they normally would. Ankle monitor usage must be critically examined and altered if it is to be considered a meaningful, gentle alternative to incarceration.
The United States of America has the highest incarceration rate in the world per capita. In 2019, the American criminal justice system held almost 2.3 million people in prisons. The current prison system is failing us. Eighty percent of prisoners return to jail within 5 years of being released because the prison system focuses on punishment, not rehabilitation, making reintegration into society nearly impossible for released criminals. Solitary confinement, abuse and a lack of resources only make this worse. Roughly 600,000 prisoners are released every year, back into your community to interact with your children and family, after years and years of sensory deprivation, violence, and being medically neglected. Unfortunately, there are hundreds of contributing factors and products of the mass incarceration crisis, but the most threatening and in need of attention are: the overcriminalization of drugs, inmate treatment and living conditions, the arrest and trial process, the prioritization of punishment over rehabilitation, and long sentence lengths for non-violent offenders.<br/><br/>The goal of my project is to bring awareness to this often overlooked problem. Throughout my research, I faced many unsettling emotions including fear, anger and deep sadness. While I do not wish to cause you pain, I noticed the impact my emotions had on my response to this issue. Therefore, I included disturbing content in my design to bring out similar emotions in you, because you should be fearful and angry about what is happening in our country.