Analyzing Prison Sex: Reconciling Self Expression with Safety

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners\u27 rights in sexual expression from states\u27 legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of individuals in custody, the protection of human dignity, and the acknowledgement of the right to sexual self-expression. Ultimately, many prisons do not have legitimate interests in prohibiting prisoner sexual expression and should use their scarce resources to protect prisoners from nonconsensual and coercive sex by staff or other inmates

Protecting Juveniles in Adult Facilities from Sexual Abuse: Best Practices for Implementing the Youthful Inmate Standard

Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required services for youthful inmates—education, recreation, program access, visitation, and medical treatment? What must agencies share publicly and privately if youth are harmed in custody—is a mandatory report required? In order to obtain medical treatment, participate in interviews—is parental consent required, or does conviction in adult criminal court and imprisonment in an adult facility automatically emancipate youth? Or would youthful inmates be best served in juvenile-only facilities until they reach age 21, or even until the age of 25, as is policy in a number of states

The Louisa Van Wezel Schwartz Symposium on Mental Health Issues in Correctional Institutions - Proceedings

Now, you would think that I was as old as dirt after listening to that introduction. Well, the truth is, I am as old as dirt. And I told Paul Quander that we are both as old as dirt. First, I want to thank Arlene for inviting me. Many, many months ago Arlene called and asked me if I would speak at this symposium on mental health in correctional institutions

Battering, Forgiveness, and Redemption

This Article focuses on a topic that, though frequently discussed, has been dismissed in the domestic violence discourse - forgiveness. The author draws upon personal narrative to frame the challenge of forgiveness. The article explores forgiveness - for domestic violence survivors, for batterers, and for communities - through a personal lens and drawing upon mediation, restorative justice and indigenous peace and reconciliation models. The article concludes that exploration and embrace of models that address forgiveness and reconciliation are overdue and would contribute greatly to practice and discourse on domestic violence

Reforming, Reclaiming or Reframing Womanhood: Reflections on Advocacy for Women in Custody

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women\u27s Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University\u27s important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women\u27s Rights Law Reporter has been a critical site for conversation and dialogue on significant and emerging issues in feminist scholarship. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project

A Quick Guide for LGBTI Policy Development for Youth Confinement Facilities

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) youth. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI youth in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions an agency will have to make before and at the point when an LGBTI youth enters the system. These areas of focus include: Assessment of Agency Culture (as relates to LGBTI individuals); Assessment of Agency Staff and Administration Knowledge and Attitudes; Examination of Current Relevant Agency Norms; Development and Implementation Mechanisms; Development of Awareness of Current Legal Responsibilities; Foundational Issues; Intake Screening/Risk Assessment; Classification and Housing Placement; Medical and Mental Health Care; Information Management; Group Youth Management; Specific Safety and Privacy Concerns for Transgender and Intersex Youth; and Staff, Volunteer, and Contractor Training Requirements

The Prison Rape Elimination Act:Implementation and Unresolved Issues Torture

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background of the Act and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA