The Keepers: Returning Citizens’ Experiences With Prison Staff Misconduct

Abstract

Correctional staff play a major role in the incarceration experience for millions of U.S. adults each year. While much research has addressed misconduct perpetrated by incarcerated persons, less has systematically addressed rule-violating behavior by correctional staff and how such conduct is perceived by formerly incarcerated individuals. Using qualitative data gathered from 38 interviews with men and women recently released from prison, we examine their experiences with prison staff misconduct. Respondents shared observations of staff misconduct related to medical neglect, violence, and contraband, but experiences differed for men and women, raising concerns regarding conditions of confinement. We caution that such conduct has the potential to undermine the legitimacy of correctional authority in prison settings, which is troubling because heightened legitimacy is an important aspect of legal socialization that helps to reduce offending. Research and policy development on the frequency and consequences of prison staff misconduct is warranted.

Mental Illness and Racial Disparities in Correctional Staff-Involved Violence: An Analysis of Jails in the United States

“…Correctional staff is entrusted to maintain order and safety within correctional facilities, which includes the important step of modeling prosocial behaviors (Dowden & Andrews, 2004). Assaultive behavior by staff threatens the legitimacy of correctional facilities and contributes to institutional violence (Novisky et al, 2022). Training protocols should ensure staff is trained not only during onboarding but also over time on (a) recognizing and responding to the signs and symptoms of mental illness; and (b) recognizing and addressing racial biases among staff, including implicit biases.…”

“…When one appears weak, potential offenders—either other incarcerated individuals or correctional staff—may view the risk of retaliation to be low. Novisky et al (2022), for example, found that formerly incarcerated women identified mental illness as a risk factor for staff-perpetrated sexual violence. Similarly, McNeeley (2021) found that individuals displaying symptoms of mental illness were more likely to be involved in a use of force incident including the use of pinion restraints, cell extraction, and physical force.…”

“…Although it remains difficult to estimate the general prevalence of staff violence in jails, recent qualitative research provides important insight into the situational dynamics of this problem. For instance, in a study conducted on prison staff misconduct in Ohio, Novisky et al (2022) found that staff violence was the second most common type of staff misconduct experienced by formerly incarcerated persons, surpassed by only medical neglect. Among the 38 people interviewed, many described situations where a staff member's use of force was excessive.…”

“…Male respondents often detailed accounts of physical violence used against them while women's descriptions of violence overwhelmingly focused on staff perpetration of sexual violence. Staff often restrained an incarcerated individual and "take it too far" by being excessively rough, using mace unnecessarily, or taking advantage of spaces lacking security cameras to hurt individuals without being caught (Novisky et al, 2022). In the study, respondents also recounted staff provoking violence between incarcerated persons as a form of particularly cruel indirect abuse.…”

Standardized outcome measures of mental health in research with older adults who are incarcerated

“…This is especially important given the small number of datasets inclusive of individual-level data of older adults who are incarcerated (Ahalt et al , 2013). Further, available data from persons who are incarcerated may be less reliable or valid due to low trust in staff (Novisky et al , 2021), limited understanding of one’s experience or internalized oppression (Porter, 2019). Stigma on behalf of the provider may also shape perceived or actual dual loyalty to patients and prison authorities (Glowa-Kollisch et al , 2015), which can also influence validity.…”