Unfair (71 page)

Losing the stimulation of:
This is particularly true because we also regularly deprive a person in solitary of any preparation for reintegration.

One of the strangest side effects:
John Darley et al., “Psychological Jurisprudence,” in
Taking Psychology and Law into the Twenty-First Century
, ed. James R. P. Ogloff (New York: Kluwer Academic Publishers, 2004), 51–52.

But the extreme harshness:
Darley et al., “Psychological Jurisprudence,” 51–52.

If a couple of garage break-ins:
Kevin M. Carlsmith and John M. Darley, “Psychological Aspects of Retributive Justice,”
Advances in Experimental Psychology
40 (2008): 230.

Research has shown that citizens:
Darley et al., “Psychological Jurisprudence,” 51–52.

In one study, a group of participants:
Janice Nadler, “Flouting the Law,”
Texas Law Review
83 (2005): 1410–16.

Those who had read about:
Nadler, “Flouting the Law,” 1410–16.

One of the reasons that Hawaii's:
Hawken and Kleiman,
Managing Drug Involved Probationers
, 9; “A New Probation Program in Hawaii Beats the Statistics: Transcript”; “Program Profile: Hawaii Opportunity Probation with Enforcement (HOPE).”

And although the punishments are:
Hawken and Kleiman,
Managing Drug Involved Probationers
, 9; “A New Probation Program in Hawaii Beats the Statistics: Transcript”; “Program Profile: Hawaii Opportunity Probation with Enforcement (HOPE).”

The total bill for our:
Gibbons and de B. Katzenbach,
Confronting Confinement
, 11.

A year in a New Jersey prison:
Brian Resnick, “Chart: One Year at Prison Costs More Than One Year at Princeton,”
Atlantic
, November 1, 2011,
http://www.theatlantic.com/​national/​archive/2011/11/​chart-one-year-of-prison-costs-more-than-one-year-at-princeton/247629/
.

The trends are equally disheartening:
Gopnik, “The Caging of America”; National Association for the Advancement of Colored People,
Misplaced Priorities: Over Incarcerate, Under Educate
, 2nd ed. (Baltimore: National Association for the Advancement of Colored People, 2011), 2.

And the cost of building:
Mears, “Supermax Prisons,” 696-97; Tapley, “The Worst of the Worst.”

The irony is that spending money:
Lance Lochner and Enrico Moretti, “The Effect of Education on Crime: Evidence from Prison Inmates, Arrests and Self-Reports,”
American Economic Review
94 (2004): 159–62; Alliance for Excellent Education,
Saving Futures, Saving Dollars: The Impact of Education on Crime Reduction and Earnings
(Washington, DC: Alliance for Excellent Education, 2013), 3; Stephen Machin, Olivier Marie, and Sunčica Vujič, “The Crime Reducing Effect of Education,”
The Economic Journal
121 (2011): 474; D. Mark Anderson, “In School and Out of Trouble? The Minimum Dropout Age and Juvenile Crime,”
The Review of Economics and Statistics
96 (2014): 318–31.

Time in the classroom reduces:
Lochner and Moretti, “The Effect of Education on Crime,” 155-89; Alliance for Excellent Education,
Saving Futures, Saving Dollars
, 3; Anderson, “In School and Out of Trouble?” 318–31.

As the Commission on Safety:
Gibbons and de B. Katzenbach,
Confronting Confinement
, 11.

Halden is one of Norway's:
Gentleman, “Inside Halden.”

It houses murderers:
Gentleman, “Inside Halden.”

But there are no bars:
Gentleman, “Inside Halden.”

You cannot see the huge wall:
Gentleman, “Inside Halden.”

It was built to rehabilitate:
Gentleman, “Inside Halden.”

The facility has a sleek:
Gentleman, “Inside Halden.”

Each prisoner is given a room:
Gentleman, “Inside Halden.”

Linked to every ten or twelve rooms:
Gentleman, “Inside Halden.”

Prisoners are locked in their cells:
Gentleman, “Inside Halden.”

The prison has several workshops:
Gentleman, “Inside Halden.”

The inmates often save up:
Gentleman, “Inside Halden.”

There are tablecloths:
Gentleman, “Inside Halden.”

The prison staff aren't cast as unyielding:
Gentleman, “Inside Halden.”

And effort goes into fostering family ties:
Gentleman, “Inside Halden.”

It makes sense, according to Halden's governor:
Gentleman, “Inside Halden.”

Halden will never be repurposed:
More than fifty paranormal investigation teams search for ghosts at Eastern State each year and the penitentiary has been the focus of SyFY's
Ghost Hunters
, Fox's
World's Scariest Places
, MTV's
FEAR
, and TLC's
America's Ghost Hunters
. “FAQ, Terror Behind the Walls.”

When Eastern State's architect:
Eastern State Penitentiary, “Facade: Online 360 Tour,” accessed May 25, 2014,
http://www.easternstate.​org/​explore/online-360-tour
. By the instructions of the early-nineteenth-century building commissioners, the penitentiary was meant to “convey to the mind a cheerless blank indicative of the misery which awaits the unhappy being who enters within its walls.” Johnston,
Crucible of Good Intentions
, 7.

And the grim fortress:
Subramanian and Shames,
Sentencing and Prison Practices
, 3.

In 2013, more than 150 years:
Subramanian and Shames,
Sentencing and Prison Practices
, 2, 4. Delegations from Colorado and Georgia also participated in the trip. Subramanian and Shames,
Sentencing and Prison Practices
, 4.

At the German and Dutch prisons:
Subramanian and Shames,
Sentencing and Prison Practices
, 12–13. Inmates are also commonly allowed other privacy rights denied American prisoners, with guards knocking before entering a cell and walled toilets. In addition, the physical space of the prison in Germany and the Netherlands is not meant to be unpleasant like in the United States: there are plenty of windows and light. Subramanian and Shames,
Sentencing and Prison Practices
, 12.

Women with children under three:
Subramanian and Shames,
Sentencing and Prison Practices
, 12.

And prisoners were provided with:
Subramanian and Shames,
Sentencing and Prison Practices
, 13.

Solitary confinement was very rare:
Subramanian and Shames,
Sentencing and Prison Practices
, 13.

To encourage proper conduct:
Subramanian and Shames,
Sentencing and Prison Practices
, 12. In keeping with the research on optimal deterrence, when inmates violate a prison rule, discipline is quickly meted out and it is tailored specifically to the violation. Subramanian and Shames,
Sentencing and Prison Practices
, 13, 18.

And when offenders were released:
Subramanian and Shames,
Sentencing and Prison Practices
, 13.

The reason is simple:
Subramanian and Shames,
Sentencing and Prison Practices
, 7.

It's right there:
Subramanian and Shames,
Sentencing and Prison Practices
, 7.

Germany's Prison Act, for example:
Subramanian and Shames,
Sentencing and Prison Practices
, 7.

To help inmates with that eventual transition:
Subramanian and Shames,
Sentencing and Prison Practices
, 7. The Netherlands 1998 Penitentiary Principles Act places a similar emphasis on encouraging and maintaining connections between those outside the prison and those inside the prison. Subramanian and Shames,
Sentencing and Prison Practices
, 7.

Incarcerating them makes little sense:
Subramanian and Shames,
Sentencing and Prison Practices
, 14.

Norway has one of the lowest:
William Lee Adams, “Norway Builds the World's Most Humane Prison,”
Time
, May 10, 2010,
http://content.​time.com/​time/magazine/article/0,9171,1986002,00.html#ixzz0n9t8l6FT
. Different countries use different ways to measure reoffending, which makes direct comparisons between countries difficult. Subramanian and Shames,
Sentencing and Prison Practices
, 6. That said, it is clear that the rate is far lower than in the United States. Adams, “Norway Builds the World's Most Humane Prison.” In addition, it is worth noting that because Halden only opened in 2010, there is not sufficient data yet to draw any conclusions about reoffending at the specific prison. Jan R. Strømnes, deputy governor of Halden prison, e-mail message to author, February 11, 2014.

In Germany, only one percent:
Subramanian and Shames,
Sentencing and Prison Practices
, 13.

And it's true that the success:
Gopnik, “The Caging of America”; Liptak, “Inmate Count in U.S. Dwarfs Other Nations'.”

Britain, which managed to turn away:
Gawande, “Hellhole.”

But British leaders found the courage:
Gawande, “Hellhole.”

Even stronger evidence that American:
Subramanian and Shames,
Sentencing and Prison Practices
, 15–18.

In just the last five years:
Jacob McCleland, “The High Costs of High Security at Supermax Prisons,” NPR, June 19, 2012,
http://www.npr.org/​2012/06/19/​155359553/the-high-costs-of-high-security​-at-supermax-prisons
. In 2014, the New York State prison and jail systems enacted reforms directly targeting the overuse of solitary confinement, including limiting (or, in some cases, barring) the use of isolation for those with mental illness or developmental disabilities. “New York Rethinks Solitary Confinement,”
New York Times
, February 20, 2014,
http://www.nytimes.com/​2014/02/21/opinion/new-york-rethinks-solitary-confinement.html
; Benjamin Weiser, “New York State in Deal to Limit Solitary Confinement,”
New York Times
, February 19, 2014,
http://www.nytimes.com/​2014/02/20/nyregion/new-​york-state-agrees-to-big-changes-in-​how-prisons-di scipline-inmates.html
.

For a country that trumpets its:
Some scholars have suggested expanding the text of the Eighth Amendment to ban prolonged solitary confinement, as well as the death penalty. Resnick and Curtis-Resnick, “Abolish the Death Penalty and the Supermax, Too.”

 

The first step was to fill out:
Juror Information Questionnaire, 234 Pa. Code Rule 632,
http://www.pacode​.com/​secure/data​/234/chapter6​/s632.html
.

“Would you be more likely”:
Juror Information Questionnaire.

“Would you have any problem”:
Juror Information Questionnaire.

“Is there any other reason”:
Juror Information Questionnaire.

And this puts us in a worse:
To see why that is the case, consider a medical system that instead of testing people, simply asked them “Do you have HIV?” and then advised those who said “yes” to cure themselves by choosing to “turn off” the virus. Though intended to reduce the transmission of the disease, the system would have the exact opposite effect: initial infection with HIV cannot be identified through introspection nor cured through positive thinking, and this approach would lead asymptomatic people infected with the virus to conclude that they were healthy and those who were sick to believe that they were cured, increasing the likelihood that they would engage in behaviors likely to spread the affliction.

In the Third Circuit, for instance:
Model Criminal Jury Instructions, United States Court of Appeals for the Third Circuit § 1.01,
http://www.ca3.uscourts.gov/​sites/​ca3/files/2012%​20Chapter%201_0.pdf
.

“Do not allow sympathy”:
Model Criminal Jury Instructions § 1.02.

Likewise, whenever the judge sustains an objection:
Model Criminal Jury Instructions § 1.08.

And if the judge orders evidence:
Model Criminal Jury Instructions § 1.08.

Out of thin air, the Third Circuit:
During the second-degree murder trial of George Zimmerman, the prosecution's claim was that Zimmerman had racially profiled seventeen-year-old Trayvon Martin before killing him and that he was the aggressor, stalking Martin as he walked back to his father's fiancée's townhouse. Cara Buckley, “State's Witnesses in Zimmerman Trial Put the Prosecution on the Defensive,”
New York Times
, July 2, 2013,
http://www.nytimes.com/​2013/07/03/​us/prosecutors-in​-zimmerman-trial-ask-jury-to-disregard-comments.html?_r=0
; Yamiche Alcindor, “Officer Testimony No Slam Dunk for Zimmerman Prosecutors,”
USA Today
, July 2, 2013,
http://www.usatoday.com/​story/news/nation/​2013/07/02/​zimmerman-trayvon-martin-murder-trial/2482325/
. However, in a critical moment at trial, Officer Chris Serino of the Sanford Police stated that, in interviewing the defendant following the incident, Zimmerman appeared to be truthful in recounting that he had shot seventeen-year-old Trayvon Martin in self-defense. Buckley, “State's Witnesses Put Prosecution on Defense.” Having your own witness confirm the central account of the other side can lose a case, but the prosecution did not object immediately. Buckley, “State's Witnesses Put Prosecution on Defense.” By the next day, though, having considered its options, the prosecution decided to argue that Serino's testimony on Zimmerman's credibility ought to be excluded. Alcindor, “Officer Testimony No Slam Dunk.” The judge agreed and the jurors were simply told to ignore what they had heard and considered in the intervening hours. Alcindor, “Officer Testimony No Slam Dunk.” While we cannot know exactly why the prosecution went on to lose the case, as discussed earlier, experimental evidence casts serious doubt on the effectiveness of the judge's admonition. Matthew Hutson, “Unnatural Selection,”
Psychology Today
40 (2007): 95. Our judicial procedures have conjured up a magical delete button in jurors' brains that simply does not exist. Hutson, “Unnatural Selection,” 95.