Danielle S. Rudes , Bryce Kushmerick-McCune , Chelsey Narvey , Elisa L. Toman , Sydney Ingel , Jaylyn Magana
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Scapegoating halt: Contested legitimacy though formal conforming & informal rebuking
In 2022, New York (NY) state passed the Humane Alternatives for Long-Term (HALT) Solitary Confinement Act, restricting solitary confinement and mandating rehabilitative services. Critics argue HALT increases carceral violence by limiting disciplinary discretion, while the NY Department of Corrections and Community Supervision (NYDOCCS) argues violence predates HALT. This study, drawing on interviews with 15 staff and 87 residents from two NY men's prisons, examines carceral violence and reform as threats to legitimacy through the lens of institutional theory. Interviewees reported heightened perceptions of violence, though few directly attribute it to HALT. Staff cited reduced disciplinary authority, while residents noted more punitive staff behavior. The findings reveal legitimacy crises for both staff and residents, as NYDOCCS faces pressures to rebuke HALT. Thus, HALT emerges as a scapegoat for persistent carceral violence, its potential hindered by entrenched routines and misperceptions. Addressing violence as a legitimacy issue is key to achieving meaningful and sustainable prison reform.
期刊介绍:
The Journal of Criminal Justice is an international journal intended to fill the present need for the dissemination of new information, ideas and methods, to both practitioners and academicians in the criminal justice area. The Journal is concerned with all aspects of the criminal justice system in terms of their relationships to each other. Although materials are presented relating to crime and the individual elements of the criminal justice system, the emphasis of the Journal is to tie together the functioning of these elements and to illustrate the effects of their interactions. Articles that reflect the application of new disciplines or analytical methodologies to the problems of criminal justice are of special interest.
Since the purpose of the Journal is to provide a forum for the dissemination of new ideas, new information, and the application of new methods to the problems and functions of the criminal justice system, the Journal emphasizes innovation and creative thought of the highest quality.