ABSTRACT
Incarceration for serious violations of the law is an American invention. The U.S. incarcerates large numbers of offenders and tends to use longer prison terms than other countries. The penitentiary removed offenders from the “evil” environment of the city, replaced barbaric punishments, and allowed more rational penalties. The Pennsylvania (segregate) system kept inmates isolated from each other. The Auburn (silent) system allowed inmates to work and eat together, but prohibited communication. The typical jail is operated at a municipal level and provides few services. State and federal prisons house segregated populations of convicted felons. Inmates suffer five deprivations: liberty, goods and services, heterosexual relations, autonomy, and security. Correctional officers often “set the tone” of the institution. Courts have recognized that inmates are entitled to rights and due process protections. Abandoning the “hands-off” doctrine in the mid-1960s, courts use tests of “compelling state interest,” evidence of “clear and present danger,” and the “totality of circumstances.”
