Why a jail or prison sentence is increasingly like a death sentence

Abstract

Because of current conditions inside American jails and prisons, a sentence to a correctional facility routinely compromises the health, safety, and life of inmates. Four environmental factors can make a jail and prison sentence appear like a death sentence: poor health care, unsanitary living conditions, high levels of violence, and an increased number of people with chronic diseases living in close proximity. Thus, a de facto death penalty, the most controversial sanction of the criminal justice system, is the result for some inmates, and a misapplication of the criminal law is thus achieved. In order to present this argument, the author reviews research which increases the likelihood that a person will die behind bars.

Keywords:

• sentencing
• death sentence
• prisons
• chronically and terminally ill behind bars

Notes

1. A similar argument can be made for the disabled behind bars, however this is not discussed in this paper. For a discussion of the disabled in correctional facilities see, for example, Russell and Stewart (2001).

2. The term his is meant to indicate that males are most at risk for this kind of transmission. Thus, the construction his/her is avoided.