The Ethics of Mechanical Restraints in Prisons and Jails: A Preliminary Inquiry from Psychological Jurisprudence

Bersot, Heather Y.; Arrigo, Bruce A.

doi:10.1080/15228932.2011.537585

Cited by 10 publications

(8 citation statements)

References 33 publications

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“…Yet, Mr. Souders' death, similar to that of Marcia Powell, was ruled an accident (Alexander, 2008). Four-points restraints, with an independent medical monitor called "torture," were used on Souders, who was incarcerated for resisting arrest and destroying police property (Bersot & Arrigo, 2011). Souders, who lived with mental illness, was disciplined for noncompliance with prison rules.…”

Section: Extreme Temperature Exposure In Carceral Settings and Relatementioning

confidence: 99%

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Carceral and Climate Crises and Health Inequities: A Call for Greater Transparency, Accountability, and Human Rights Protections

Golembeski¹,

Dong²,

Irfan³

2021

World Med & Health Policy

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The United States has approximately 5 percent of the world's population but incarcerates nearly 25 percent of the world's incarcerated population and produces nearly 25 percent of global carbon dioxide emissions. Climate change and hyperincarceration are causes and consequences of structural racism and economic deprivation, which disproportionately affect structurally disenfranchised citizens, including lower-income communities, communities of color, and people with disabilities. Empirical evidence exists regarding the adverse health effects of climate change and mass incarceration, which occur in cascading and overlapping categories and include preventable death, illness, and injury. Researchers underscore the medical vulnerability of incarcerated populations, who are increasingly susceptible to climate-driven exposure pathways and mental and physical health outcomes involving extreme temperatures, natural disasters, infectious diseases, and displacement. Intersectional structural drivers, such as anthropogenic climate change and hyperincarceration, undermine social and political determinants of health equity. Policymakers and health professionals can advance understanding and mitigate present and anticipated public health threats by increasing transparency, accountability, and human rights protections with an emphasis on decarceration and decarbonization.

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Section: Extreme Temperature Exposure In Carceral Settings and Relatementioning

confidence: 99%

“…Souders, who lived with mental illness, was disciplined for noncompliance with prison rules. Surveillance video reveals his mental and physical deterioration over the course of four days of being shackled in solitary confinement (Alexander, 2008;Bersot & Arrigo, 2011).…”

Section: Extreme Temperature Exposure In Carceral Settings and Relatementioning

confidence: 99%

Carceral and Climate Crises and Health Inequities: A Call for Greater Transparency, Accountability, and Human Rights Protections

Golembeski¹,

Dong²,

Irfan³

2021

World Med & Health Policy

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“…African Americans are over-represented in correction populations in the United States (Harrison & Beck, 2006;Sabol & Couture, 2008). African American prisoners are also restrained more frequently than their white counterparts (Bersot & Arrigo, 2011). Perhaps due to subconscious discrimination against African Americans by correctional staff (Mushlin & Galtz, 2009), they receive more disciplinary reports (Ramirez, 1983) and are placed in restraints (Bersot & Arrigo, 2011) and solitary confinement (Arrigo & Bullock, 2008) more than Caucasian inmates.…”

Section: Adverse Effects Of Restraints On Inmatesmentioning

confidence: 99%

Factors to consider in evaluating the appropriateness of restraints during forensic evaluations

Rock

Shealy

Sellbom

2018

Psychiatry, Psychology and Law

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Forensic examiners frequently conduct evaluations with individuals who may be regarded as dangerous. To manage this situation, forensic examiners may prefer examinees to wear restraints. Available literature indicates that the use of restraints may be both physically and psychologically detrimental and thus possibly both reduces the yield and limits the utility of psychological test data. Although there is a lack of research addressing this concern, one must use the available information to inform the decision on utilization of restraints during forensic evaluations. In addition, professional ethics, test standards and norms, the reported adverse effects of restraints on both psychiatric patients and inmates, and the concept of forced medication are reviewed to help assess the appropriateness of restraints during forensic evaluations. This analysis provides forensic examiners with insight and recommendations to determine if the use of restraints is best practice during forensic evaluations, particularly within the United States.

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“…Thus, the continental tradition yields a unique type of clinical diagnosis regarding the status of the human social project, and an alternative form of cultural criticism regarding the forces that forestall its progress or foreclose its possibilities. As philosophical dissent, PJ examines the complexities of phenomena such as the industries of madness and reason (Bersot & Arrigo, 2011), the trade in crime and responsibility (Sellers & Arrigo, 2009), and the politics of citizenship and social justice (Trull & Arrigo, in press) in ways not found in more positivistic analytical accounts.…”

Section: Psychological Jurisprudence: Clinical Diagnostics and Cultural Criticismmentioning

confidence: 99%

“…As a form of philosophical dissent, PJ has demonstrated considerable resilience. In recent years, it has been used to further socio-legal theory (Arrigo, 2011b), to redirect clinical acumen (Arrigo, 2013a), to advance institutional best practices (Bersot & Arrigo, 2011; Sellers & Arrigo, 2009), and to promote public policy reform (Trull & Arrigo, in press). These efforts demonstrate how PJ’s diagnostic analysis and cultural criticism represent an original, sensible, and timely approach to ameliorating human social problems, especially those that are situated at the crossroads of criminal justice practice and mental health treatment (Birgden, 2014).…”

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confidence: 99%

Psychological Jurisprudence, Normative Philosophy, and Trans-Desistance Theory

Arrigo

2014

Criminal Justice and Behavior

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For more than two decades, the diagnostic and cultural insights of psychological jurisprudence (PJ) have informed social theory, clinical practice, and public policy. As a form of heterodox criticism, PJ probes the relationship between human agency and social structure, and it examines how both are informed by and co-produce extant reality. This article explores the utility of PJ—especially as a basis to reconfigure the problem of crime, to redefine institutional responses to it, and to reconceive the process of desistance. To accomplish this objective, the article addresses two issues. First, it explains how the diagnostic and cultural footing of PJ functions as philosophical critique concerning the subject of crime. Second, it demonstrates how this critique represents the grounding of an ethic with considerable relevance for developing a normative theory of trans-desistance. The article concludes by suggesting how the normative dimensions of trans-desistance portend dynamic change for future criminal justice practice and mental health treatment.

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The Ethics of Mechanical Restraints in Prisons and Jails: A Preliminary Inquiry from Psychological Jurisprudence

Cited by 10 publications

References 33 publications

Carceral and Climate Crises and Health Inequities: A Call for Greater Transparency, Accountability, and Human Rights Protections

Carceral and Climate Crises and Health Inequities: A Call for Greater Transparency, Accountability, and Human Rights Protections

Factors to consider in evaluating the appropriateness of restraints during forensic evaluations

Psychological Jurisprudence, Normative Philosophy, and Trans-Desistance Theory

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